[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2715 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2715

To establish reasonable procedural protections for the use of national 
               security letters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

 Mr. Nadler (for himself and Mr. Flake) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Financial Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish reasonable procedural protections for the use of national 
               security letters, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Self-Authorized Secret Searches 
Act''.

SEC. 2. PROCEDURAL PROTECTIONS FOR NATIONAL SECURITY LETTERS.

    (a) Standard.--
            (1) Title 18.--Section 2709(b) of title 18, United States 
        Code, is amended--
                    (A) in paragraph (1), by inserting ``and there are 
                specific and articulable facts giving reason to believe 
                that the name, address, length of service, and toll 
                billing records sought pertain to a foreign power or 
                agent of a foreign power'' after ``clandestine 
                intelligence activities''; and
                    (B) in paragraph (2), by striking ``, provided that 
                such an investigation'' and all that follows and 
                inserting ``and there are specific and articulable 
                facts giving reason to believe that communications 
                facilities registered in the name of the person or 
                entity have been used, through the services of such 
                provider, in communication with--
                    ``(A) an individual who is engaging or has engaged 
                in international terrorism or clandestine intelligence 
                activities that involve or may involve a violation of 
                the criminal statutes of the United States; or
                    ``(B) a foreign power or an agent of a foreign 
                power,
        subject to the requirement that such investigation of a United 
        States person may not be conducted solely upon the basis of 
        activities protected by the first amendment to the Constitution 
        of the United States.''.
            (2) Financial institutions.--Section 1114(a)(5)(A) of the 
        Right to Financial Privacy Act of 1978 (12 U.S.C. 
        3414(a)(5)(A)) is amended by inserting ``and there are specific 
        and articulable facts giving reason to believe that the records 
        sought pertain to a foreign power or agent of a foreign power'' 
        after ``clandestine intelligence activities''.
            (3) Consumer reporting agency.--
                    (A) In general.--Section 626 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681u) is amended--
                            (i) in the second sentence of subsection 
                        (a), by inserting ``and there are specific and 
                        articulable facts giving reason to believe that 
                        the information sought pertains to a foreign 
                        power or agent of a foreign power'' after 
                        ``clandestine intelligence activities'';
                            (ii) in the second sentence of subsection 
                        (b), by inserting ``and there are specific and 
                        articulable facts giving reason to believe that 
                        the consumer is a foreign power or an agent of 
                        a foreign power or has been, or is about to be, 
                        in contact with a foreign power or an agent of 
                        a foreign power'' after ``clandestine 
                        intelligence activities''; and
                            (iii) in the first sentence of subsection 
                        (c), by inserting ``and there are specific and 
                        articulable facts giving reason to believe that 
                        the consumer report sought pertains to a 
                        foreign power or agent of a foreign power'' 
                        after ``clandestine intelligence activities''.
                    (B) Government agencies.--Section 627(a) of the 
                Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is 
                amended by inserting ``and there are specific and 
                articulable facts giving reason to believe that the 
                information sought pertains to a foreign power or agent 
                of a foreign power'' after ``necessary for the agency's 
                conduct or such investigation, activity or analysis''.
    (b) Requirements.--
            (1) Section 2709(b) of title 18, United States Code, as 
        amended by subsection (a)(1) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by striking ``The Director of the Federal 
                Bureau of Investigation'' and inserting the following:
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation''; and
                    (C) by adding after paragraph (1), as amended by 
                subparagraph (B), the following new paragraph:
    ``(2) Limitation.--A request under this subsection shall not--
            ``(A) contain any requirement which would be held to be 
        unreasonable if contained in a subpoena duces tecum issued by a 
        court of the United States in aid of a grand jury investigation 
        of espionage or international terrorism; or
            ``(B) require the production of any documentary evidence 
        which would be privileged from disclosure if demanded by a 
        subpoena duces tecum issued by a court of the United States in 
        aid of a grand jury investigation of espionage or international 
        terrorism.
    ``(3) Notice.--A request under this subsection shall provide notice 
of the recipient's right to file a petition under subsection (e) and 
explain the procedures for doing so.''.
            (2) Request for information from financial institutions.--
        Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 
        1978 (12 U.S.C. 3414(a)(5)(A)), as amended by subsection 
        (a)(2), is amended--
                    (A) by striking ``(5)(A) Financial institutions'' 
                and inserting ``(5) Request for financial records.--
                    ``(A) Compliance.--
                            ``(i) In general.--Financial 
                        institutions''; and
                    (B) by inserting after clause (i) (as so 
                redesignated by subparagraph (A) of this paragraph) the 
                following new clauses:
                            ``(ii) Limitation.--A request under this 
                        subsection shall not--
                                    ``(I) contain any requirement which 
                                would be held to be unreasonable if 
                                contained in a subpoena duces tecum 
                                issued by a court of the United States 
                                in aid of a grand jury investigation of 
                                espionage or international terrorism; 
                                or
                                    ``(II) require the production of 
                                any documentary evidence which would be 
                                privileged from disclosure if demanded 
                                by a subpoena duces tecum issued by a 
                                court of the United States in aid of a 
                                grand jury investigation of espionage 
                                or international terrorism.
                            ``(iii) Notice of rights.--A request under 
                        this subsection shall provide notice of the 
                        recipient's right to file a petition under 
                        subparagraph (E) of this paragraph and explain 
                        the procedures for doing so.''.
            (3) Request for information from consumer reporting 
        agencies.--Section 626 of the Fair Credit Reporting Act (15 
        U.S.C. 1681u) is amended by adding at the end the following new 
        subsection:
    ``(n) Limitation.--
            ``(1) In general.--A request under this section shall not--
                    ``(A) contain any requirement which would be held 
                to be unreasonable if contained in a subpoena duces 
                tecum issued by a court of the United States in aid of 
                a grand jury investigation of espionage or 
                international terrorism; or
                    ``(B) require the production of any documentary 
                evidence which would be privileged from disclosure if 
                demanded by a subpoena duces tecum issued by a court of 
                the United States in aid of a grand jury investigation 
                of espionage or international terrorism.
            ``(2) Notice of rights.--A request under this section shall 
        provide notice of the recipient's right to file a petition 
        under subsection (o) and explain the procedures for doing 
        so.''.
            (4) Request for information from consumer reporting 
        agencies by governmental agencies.--Section 627(b) of the Fair 
        Credit Reporting Act (15 U.S.C. 1681v(b)) is amended--
                    (A) by striking ``Form of Certification.--The 
                certification described'' and inserting ; and ``Form of 
                Certification.--
            ``(1) In general.--The certification described''; and
                    (B) by inserting after paragraph (1) (as so 
                redesignated by subparagraph (A) of this paragraph) the 
                following new paragraphs:
            ``(2) Limitation.--A request under this subsection shall 
        not--
                    ``(A) contain any requirement which would be held 
                to be unreasonable if contained in a subpoena duces 
                tecum issued by a court of the United States in aid of 
                a grand jury investigation of espionage or 
                international terrorism; or
                    ``(B) require the production of any documentary 
                evidence which would be privileged from disclosure if 
                demanded by a subpoena duces tecum issued by a court of 
                the United States in aid of a grand jury investigation 
                of espionage or international terrorism.
            ``(3) Notice of rights.--A request under this subsection 
        must provide notice of the recipient's right to file a petition 
        under subsection (f) and explain the procedures for doing 
        so.''.
    (c) Nondisclosure.--
            (1) In general.--Section 2709(c) of title 18, United States 
        Code, is amended to read as follows:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) In general.--No wire or electronic communication 
        service provider, or officer, employee, or agent thereof, shall 
        disclose to any person that the Federal Bureau of Investigation 
        has sought or obtained access to information or records under 
        this section for 90 days after receipt of such request from the 
        Bureau.
            ``(2) Exception.--A wire or electronic communication 
        service provider, or officer, employee, or agent thereof, who 
        receives an order under this subsection may disclose that the 
        Federal Bureau of Investigation has sought or obtained access 
        to information or records under this section to--
                    ``(A) those persons to whom disclosure is necessary 
                in order to comply with an order under this section; or
                    ``(B) an attorney in order to obtain legal advice 
                regarding such order.
            ``(3) Extension.--The Director of the Federal Bureau of 
        Investigation, or the Director's designee in a position not 
        lower than Deputy Assistant Director at Bureau headquarters or 
        a Special Agent in Charge of a Bureau field office designated 
        by the Director, may apply for an order prohibiting disclosure 
        that the Federal Bureau of Investigation has sought or obtained 
        access to information or records under this section for an 
        additional 180 days.
            ``(4) Jurisdiction.--An application for an order pursuant 
        to this subsection shall be filed in the district court of the 
        United States in any district within which the authorized 
        investigation that is the basis for a request pursuant to this 
        section is being conducted.
            ``(5) Application contents.--An application for an order 
        pursuant to this subsection must state specific and articulable 
        facts giving the applicant reason to believe that disclosure 
        that the Federal Bureau of Investigation has sought or obtained 
        access to information or records under this section will result 
        in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) 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.
            ``(6) Standard.--The court may issue an ex parte order 
        pursuant to this subsection if the court determines there is 
        reason to believe that disclosure that the Federal Bureau of 
        Investigation has sought or obtained access to information or 
        records under this section will result in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) 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.
            ``(7) Renewal.--An order under this subsection may be 
        renewed for additional periods of up to 180 days upon another 
        application meeting the requirements of paragraph (5) and a 
        determination by the court that the circumstances described in 
        paragraph (6) continue to exist.''.
            (2) Financial institutions.--Section 1114(a)(5)(D) of the 
        Right to Financial Privacy Act of 1978 (12 U.S.C. 
        3414(a)(5)(D)) is amended to read as follows:
                    ``(D) Nondisclosure.--
                            ``(i) In general.--No financial 
                        institution, or officer, employee, or agent of 
                        such institution, shall disclose to any person 
                        that the Federal Bureau of Investigation has 
                        sought or obtained access to a customer's or 
                        entity's financial records under this paragraph 
                        for 90 days after receipt of such request from 
                        the Bureau.
                            ``(ii) Exception.--A financial institution, 
                        or officer, employee, or agent of such 
                        institution, who receives an order under this 
                        subparagraph may disclose that the Federal 
                        Bureau of Investigation has sought or obtained 
                        access to a customer's or entity's financial 
                        records to--
                                    ``(I) those persons to whom 
                                disclosure is necessary in order to 
                                comply with a request under this 
                                subparagraph; or
                                    ``(II) an attorney in order to 
                                obtain legal advice regarding such 
                                request.
                            ``(iii) Extension.--The Director of the 
                        Federal Bureau of Investigation, or the 
                        Director's designee in a position not lower 
                        than Deputy Assistant Director at Bureau 
                        headquarters or a Special Agent in Charge of a 
                        Bureau field office designated by the Director, 
                        may apply for an order prohibiting disclosure 
                        that the Federal Bureau of Investigation has 
                        sought or obtained access to a customer's or 
                        entity's financial records under this paragraph 
                        for an additional 180 days.
                            ``(iv) Jurisdiction.--An application for an 
                        order pursuant to this subsection shall be 
                        filed in the district court of the United 
                        States in any district within which the 
                        authorized investigation that is the basis for 
                        a request pursuant to this paragraph is being 
                        conducted.
                            ``(v) Application contents.--An application 
                        for an order pursuant to this subparagraph must 
                        state specific and articulable facts giving the 
                        applicant reason to believe that disclosure 
                        that the Federal Bureau of Investigation has 
                        sought or obtained access to a customer's or 
                        entity's financial records under this paragraph 
                        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 
                                witnesses; 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.
                            ``(vi) Standard.--The court may issue an ex 
                        parte order pursuant to this subparagraph if 
                        the court determines there is reason to believe 
                        that disclosure that the Federal Bureau of 
                        Investigation has sought or obtained access to 
                        a customer's or entity's financial records 
                        under this paragraph 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 
                                witnesses; 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.
                            ``(vii) Renewal.--An order under this 
                        subparagraph may be renewed for additional 
                        periods of up to 180 days upon another 
                        application meeting the requirements of clause 
                        (v) and a determination by the court that the 
                        circumstances described in clause (vi) of this 
                        subparagraph continue to exist.''.
            (3) Consumer reporting agencies.--Section 626(d) of the 
        Fair Credit Reporting Act (15 U.S.C. 1681u(d)) is amended to 
        read as follows:
    ``(d) Confidentiality.--
            ``(1) In general.--No consumer reporting agency, or 
        officer, employee, or agent of a consumer reporting agency, 
        shall disclose to any person that the Federal Bureau of 
        Investigation has sought or obtained the identity of financial 
        institutions or a consumer report respecting any consumer under 
        subsection (a), (b), or (c) for 90 days after receipt of a 
        request or order under this section, and no consumer reporting 
        agency, or officer, employee, or agent of a consumer reporting 
        agency, shall include in any consumer report any information 
        that would indicate that the Federal Bureau of Investigation 
        has sought or obtained such information or a consumer report.
            ``(2) Exception.--A consumer reporting agency or officer, 
        employee, or agent of a consumer reporting agency who receives 
        an order under this subsection may disclose that the Federal 
        Bureau of Investigation has sought or obtained the identity of 
        financial institutions or a consumer report respecting any 
        consumer to--
                    ``(A) those officers, employees, or agents of a 
                consumer reporting agency necessary to fulfill the 
                requirement to disclose information to the Federal 
                Bureau of Investigation under this section; or
                    ``(B) an attorney in order to obtain legal advice 
                regarding such requirement.
            ``(3) Extension.--The Director of the Federal Bureau of 
        Investigation, or the Director's designee in a position not 
        lower than Deputy Assistant Director at Bureau headquarters or 
        a Special Agent in Charge of a Bureau field office designated 
        by the Director, may apply for an order prohibiting disclosure 
        that the Federal Bureau of Investigation has sought or obtained 
        access to information or records under subsection (a), (b), or 
        (c) for an additional 180 days.
            ``(4) Jurisdiction.--An application for an order pursuant 
        to this subsection shall be filed in the district court of the 
        United States in any district within which the authorized 
        investigation that is the basis for a request or order pursuant 
        to this section is being conducted.
            ``(5) Application contents.--An application for an order 
        pursuant to this subsection must state specific and articulable 
        facts giving the applicant reason to believe that disclosure 
        that the Federal Bureau of Investigation has sought or obtained 
        the identity of financial institutions or a consumer report 
        respecting any consumer under subsection (a), (b), or (c) will 
        result in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) 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.
            ``(6) Standard.--The court may issue an ex parte order 
        pursuant to this subsection if the court determines there is 
        reason to believe that disclosure that the Federal Bureau of 
        Investigation has sought or obtained the identity of financial 
        institutions or a consumer report respecting any consumer under 
        subsection (a), (b), or (c) will result in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) 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.
            ``(7) Renewal.--An order under this subsection may be 
        renewed for additional periods of up to 180 days upon another 
        application meeting the requirements of paragraph (5) and a 
        determination by the court that the circumstances described in 
        paragraph (6) continue to exist.''.
            (4) Consumer reporting agencies reporting to governmental 
        agencies.--Section 627(c) of the Fair Credit Reporting Act (15 
        U.S.C. 1681v(c)) is amended to read as follows:
    ``(c) Confidentiality.--
            ``(1) In general.--No consumer reporting agency, or 
        officer, employee, or agent of a consumer reporting agency, 
        shall disclose to any person or specify in any credit report 
        that a government agency has sought or obtained access to 
        information under subsection (a) for 90 days after receipt of 
        the request for such information.
            ``(2) Exception.--A consumer reporting agency, or officer, 
        employee, or agent of a consumer reporting agency, may disclose 
        that a government agency has sought or obtained access to 
        information under subsection (a) to--
                    ``(A) those officers, employees, or agents of a 
                consumer reporting agency necessary to fulfill the 
                requirement to disclose information to the Federal 
                Bureau of Investigation under this section; or
                    ``(B) an attorney in order to obtain legal advice 
                regarding such requirement.
            ``(3) Extension.--The supervisory official or officer who 
        signs a certification under subsection (b) may apply in any 
        district court of the United States for an order prohibiting 
        disclosure that a government agency has sought or obtained 
        access to information under subsection (a) for an additional 
        180 days.
            ``(4) Application contents.--An application for an order 
        pursuant to this subsection must state specific and articulable 
        facts giving the applicant reason to believe that disclosure 
        that a government agency has sought or obtained access to 
        information under subsection (a) will result in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) 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.
            ``(5) Standard.--The court may issue an ex parte order 
        pursuant to this subsection if the court determines there is 
        reason to believe that disclosure that a government agency has 
        sought or obtained access to information under subsection (a) 
        will result in--
                    ``(A) endangering the life or physical safety of 
                any person;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) 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.
            ``(6) Renewal.--An order under this subsection may be 
        renewed for additional periods of up to 180 days upon another 
        application meeting the requirements of paragraph (4) and a 
        determination by the court that the circumstances described in 
        paragraph (5) continue to exist.''.
    (d) Judicial Review.--
            (1) In general.--Section 2709 of title 18, United States 
        Code, is amended by--
                    (A) redesignating subsection (e) as subsection (g); 
                and
                    (B) inserting after subsection (d) the following:
    ``(e) Judicial Review.--
            ``(1) Request.--Not later than 20 days after any person 
        receives a request pursuant to subsection (b), 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 such court to modify or set aside such request. 
        The time allowed for compliance with the request in whole or in 
        part as deemed proper and ordered by the court shall not run 
        during the pendency of such petition in the court. Such 
        petition shall specify each ground upon which the petitioner 
        relies in seeking relief, and may be based upon any failure of 
        such request to comply with the provisions of this section or 
        upon any constitutional or other legal right or privilege of 
        such person.
            ``(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 such person resides, is 
                found, or transacts business, a petition for the court 
                to set aside the nondisclosure requirement. Such 
                petition shall specify each ground upon which the 
                petitioner relies in seeking relief, and may be based 
                upon any failure of the nondisclosure requirement to 
                comply with the provisions of this section or upon any 
                constitutional or other legal right or privilege of 
                such person.
                    ``(B) Standard.--The court shall set aside the 
                nondisclosure requirement unless the court determines 
                that there is a reason to believe that disclosure of 
                the request under subsection (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 witnesses; 
                        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 
        related materials unless the court finds that such disclosure 
        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 inserting after subparagraph (D) (as amended by 
        subsection (c)(2) of this section) the following new 
        subparagraph:
                    ``(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 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 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 
                        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 privilege 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 
                                nondisclosure 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 requirement 
                                unless the court determines that there 
                                is a reason to believe that disclosure 
                                of the request under subparagraph (A) 
                                will result in--
                                            ``(aa) endangering the life 
                                        or physical safety of any 
                                        person;
                                            ``(bb) flight from 
                                        prosecution;
                                            ``(cc) destruction of or 
                                        tampering with evidence;
                                            ``(dd) intimidation of 
                                        potential witnesses; or
                                            ``(ee) 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.
                            ``(iii) Disclosure.--In making 
                        determinations 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 application, 
                        order, or other related materials unless 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 pursuant to subsection (a), (b), or 
        (c), or at any time before 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 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 nondisclosure requirement 
                to comply with the provisions of this section 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 believe 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 witnesses; 
                        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 
        related materials unless the court finds that such disclosure 
        would not assist in determining any legal or factual issue 
        pertinent to the case.''.
            (4) Consumer report requests by governmental 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 subsection (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 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 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 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 nondisclosure requirement 
                to comply with the provisions of this section 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 believe that disclosure of 
                the request under subsection (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 witnesses; 
                        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 
        related materials unless the court finds that such disclosure 
        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 following:
    ``(f) Use of Information.--
            ``(1) In general.--
                    ``(A) Consent.--Any information acquired from a 
                request pursuant to this section concerning any United 
                States person may be used and disclosed by Federal 
                officers 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 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 Attorney 
        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 proceeding in or before any court, department, officer, 
        agency, regulatory body, or other authority of the United 
        States against an aggrieved person any information 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 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 subdivision 
        thereof against an aggrieved person any information obtained or 
        derived from a request pursuant 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 disclosed 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 
                subdivision thereof, may move to suppress the evidence 
                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 conformity 
                        with the requirements of this section.
                    ``(B) Timing.--A motion under subparagraph (A) 
                shall be made before the trial, hearing, or other 
                proceeding unless there was no opportunity to make such 
                a motion 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 
                        notified 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 authority 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 
                                suppress evidence or information 
                                obtained or derived from a request 
                                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 General 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 determination under 
                subparagraph (A), unless the court finds that such 
                disclosure would not assist in determining any legal or 
                factual issue pertinent 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 Information 
                Procedures Act (18 U.S.C. App.), portions of the 
                application, order, or other related materials, or 
                evidence or information obtained or derived from the 
                order.
            ``(7) Effect of determination of lawfulness.--
                    ``(A) Unlawful orders.--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 requirements of law, 
                suppress the evidence which was unlawfully obtained or 
                derived from the request or otherwise grant the motion 
                of the aggrieved person.
                    ``(B) Lawful orders.--If the court determines that 
                the request was lawful, it may deny the motion of the 
                aggrieved person except to the extent that due process 
                requires discovery or disclosure.
            ``(8) Binding final orders.--Orders granting motions or 
        requests under paragraph (6), decisions under this section that 
        a request was not lawful, and orders of the United States 
        district court requiring review or granting disclosure of 
        applications, 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 person 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 Intelligence 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 acquired from a 
                request pursuant to this section concerning any United 
                States person may be used and disclosed by Federal 
                officers 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 Attorney 
        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 proceeding in or before any court, department, officer, 
        agency, regulatory body, or other authority of the United 
        States against an aggrieved person any information 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 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 subdivision 
        thereof against an aggrieved person any information obtained or 
        derived from a request pursuant 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 disclosed 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 
                subdivision thereof, may move to suppress the evidence 
                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 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 motion 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 
                        notified 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 authority 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 
                                suppress evidence or information 
                                obtained or derived from a request 
                                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 General 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 determination under 
                subparagraph (A), unless the court finds that such 
                disclosure would not assist in determining any legal or 
                factual issue pertinent 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 Information 
                Procedures Act (18 U.S.C. App.), portions of the 
                application, order, or other related materials, or 
                evidence or information obtained or derived from the 
                order.
            ``(7) Effect of determination of lawfulness.--
                    ``(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 requirements 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 extent that due process 
                requires discovery or disclosure.
            ``(8) Binding final orders.--Orders granting motions or 
        requests under paragraph (6), decisions under this section that 
        a request was not lawful, and orders of the United States 
        district court requiring review or granting disclosure of 
        applications, 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 acquired from a 
                request or an order pursuant to this section concerning 
                any United States person may be used and disclosed by 
                Federal officers 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 Attorney 
        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 proceeding in or before any court, department, officer, 
        agency, regulatory body, or other authority of the United 
        States against an aggrieved person any information 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 
        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 subdivision 
        thereof against an aggrieved person any information 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 
        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 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 
                authority of the United States, or a State or political 
                subdivision thereof, may move to suppress the evidence 
                obtained or derived from the request 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 motion 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 
                        notified 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 authority 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 
                                suppress 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 General 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 determination under 
                subparagraph (A), unless the court finds that such 
                disclosure would not assist in determining any legal or 
                factual issue pertinent 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 Information 
                Procedures Act (18 U.S.C. App.), portions of the 
                application, order, or other related materials, or 
                evidence or information obtained or derived from the 
                order.
            ``(7) Effect of determination of lawfulness.--
                    ``(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 evidence 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 discovery or disclosure.
            ``(8) Binding final orders.--Orders granting motions or 
        requests under paragraph (6), decisions under this section that 
        a request was not lawful, and orders of the United States 
        district court requiring review or granting disclosure of 
        applications, 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 governmental agencies.--
        Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) 
        is amended by inserting after subsection (f) (as added by 
        subsection (d)(4) of this section) the following new 
        subsection:
    ``(g) Use of Information.--Any information acquired 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 subdivision of a State without the consent of the United 
States person only in accordance with the procedures established 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 period 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, disclosed, 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 Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801(a)).''.
            (2) Consumer report requests.--Section 603 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at 
        the end the following:
    ``(y) Terms Relating to Intelligence Activities.--
            ``(1) Agent of a foreign power.--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) Foreign power.--The term `foreign power' has the 
        meaning given such term by section 101(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)).
    ``(z) Aggrieved Person.--The term `aggrieved person' means any 
consumer or other person whose consumer report is produced, disclosed, 
or otherwise made public without the consent of such consumer or other 
person.''.
                                 <all>