[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 737 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 737

To amend the USA PATRIOT ACT to place reasonable limitations on the use 
  of surveillance and the issuance of search warrants, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2005

   Mr. Craig (for himself, Mr. Durbin, Mr. Sununu, Mr. Feingold, Ms. 
 Murkowski, and Mr. Salazar) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the USA PATRIOT ACT to place reasonable limitations on the use 
  of surveillance and the issuance of search warrants, and for other 
                               purposes.

    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 ``Security and Freedom Enhancement Act 
of 2005'' or the ``SAFE Act''.

SEC. 2. LIMITATIONS ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805(c)) is amended--
            (1) in paragraph (1), by striking subparagraphs (A) and (B) 
        and inserting the following:
                    ``(A)(i) the identity of the target of the 
                electronic surveillance, if known; or
                    ``(ii) if the identity of the target is not known, 
                a description of the target and the nature and location 
                of the facilities and places at which the electronic 
                surveillance will be directed;
                    ``(B)(i) the nature and location of each of the 
                facilities or places at which the electronic 
                surveillance will be directed, if known; or
                    ``(ii) if any of the facilities or places are not 
                known, the identity of the target;''; and
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) in cases where the facility or place at which 
                the surveillance will be directed is not known at the 
                time the order is issued, that the electronic 
                surveillance be conducted only when the presence of the 
                target at a particular facility or place is ascertained 
                by the person conducting the surveillance;''.

SEC. 3. LIMITATIONS ON DELAYED NOTICE SEARCH WARRANTS.

    (a) In General.--Section 3103a(b) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``may have an adverse 
        result (as defined in section 2705);'' and inserting ``will--
                    ``(A) endanger the life or physical safety of an 
                individual;
                    ``(B) result in flight from prosecution;
                    ``(C) result in the destruction of or tampering 
                with evidence; or
                    ``(D) result in intimidation of potential 
                witnesses;''; and
            (2) in paragraph (3), by striking ``within a reasonable 
        period'' and all that follows and inserting ``not later than 7 
        days after the execution of the warrant, which period may be 
        extended by the court for an additional period of not more than 
        21 days each time the court finds reasonable cause to believe, 
        pursuant to a request by the Attorney General, the Deputy 
        Attorney General, or the Associate Attorney General, that 
        notice of the execution of the warrant will--
                    ``(A) endanger the life or physical safety of an 
                individual;
                    ``(B) result in flight from prosecution;
                    ``(C) result in the destruction of, or tampering 
                with, the evidence sought under the warrant; or
                    ``(D) result in intimidation of potential 
                witnesses.''.
    (b) Reports.--Section 3103a of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) Reports.--
            ``(1) In general.--Every 6 months, the Attorney General 
        shall submit a report to Congress summarizing, with respect to 
        warrants under subsection (b), the requests made by the 
        Department of Justice to delay notice and extend a delay of 
        notice during the previous 6-month period.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include, for the preceding 6-month period--
                    ``(A) the number of requests to delay notice with 
                respect to warrants under subsection (b), categorized 
                as granted, denied, or pending;
                    ``(B) for each request to delay notice that was 
                granted, the number of requests to extend the delay of 
                notice, categorized as granted, denied, or pending; and
                    ``(C) on an aggregate basis, the nature of the 
                crime being investigated for each request to delay 
                notice that was granted or denied.
            ``(3) Public availability.--The Attorney General shall make 
        the report submitted under paragraph (1) available to the 
        public.''.

SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL 
              RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    (a) Applications for Orders.--Section 501(b)(2) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is 
amended--
            (1) by striking ``shall specify that the records'' and 
        inserting ``shall specify that--
                    ``(A) the records'';
            (2) by striking the period at the end and inserting the 
        following: ``; and''; and
            (3) by inserting at the end the following:
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the person to whom the 
                records pertain is a foreign power or an agent of a 
                foreign power.''.
    (b) Orders.--Section 501(c) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (1), by striking ``finds that'' and all 
        that follows and inserting ``finds that--
            ``(A) there are specific and articulable facts giving 
        reason to believe that the person to whom the records pertain 
        is a foreign power or an agent of a foreign power; and
            ``(B) the application meets the other requirements of this 
        section.''; and
            (2) by adding at the end the following:
    ``(3) An order 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.
    ``(4) An order 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.--Section 501(d) of Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(d)) is amended to read as 
follows: ``
    ``(d) Nondisclosure.--
            ``(1) In general.--No person who receives an order under 
        subsection (c) shall disclose to any person that the Federal 
        Bureau of Investigation has sought or obtained tangible things 
        under this section for 180 days after receipt of such order.
            ``(2) Exception.--A person who receives an order under 
        subsection (c) may disclose that the Federal Bureau of 
        Investigation has sought or obtained tangible things 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 a designee of the Director (whose rank shall 
        be no lower than Assistant Special Agent in Charge), may apply 
        for an order prohibiting disclosure that the Federal Bureau of 
        Investigation has sought or obtained access to tangible things 
        under this section for an additional 180 days.
            ``(4) Jurisdiction.--An application for an order pursuant 
        to this subsection shall be made to--
                    ``(A) a judge of the court established under 
                section 103(a); or
                    ``(B) a United States Magistrate Judge under 
                chapter 43 of title 28, who is publicly designated by 
                the Chief Justice of the United States to have the 
                power to hear applications and grant orders for the 
                production of tangible things under this section on 
                behalf of a judge of the court established under 
                section 103(a).
            ``(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 
        tangible things 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 judge may issue an ex parte order 
        pursuant to this subsection if the judge determines there is 
        reason to believe that disclosure that the Federal Bureau of 
        Investigation has sought or obtained access to tangible things 
        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.''.
    (d) Judicial Review.--Section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the 
end the following:
    ``(f) Judicial Review.--
            ``(1) Order for production.--Not later than 20 days after 
        the service upon any person of an order pursuant to subsection 
        (c), or at any time before the return date specified in the 
        order, whichever period is shorter, such person may file, in 
        the court established under section 103(a) or 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 order. The 
        time allowed for compliance with the order 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 order to 
        comply with the provisions of this section or upon any 
        constitutional or other legal right or privilege of such 
        person.
            ``(2) Nondisclosure order.--
                    ``(A) In general.--A person prohibited from 
                disclosing information under subsection (d) may file, 
                in the courts established by section 103(a) or 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 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 reason to believe that disclosure of the 
                order under subsection (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) Rulemaking.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Security and Freedom 
                Enhancement Act of 2005, the courts established 
                pursuant to section 103(a) shall establish such rules 
                and procedures and take such actions as are reasonably 
                necessary to administer their responsibilities under 
                this subsection.
                    ``(B) Reporting.--Not later than 30 days after 
                promulgating rules and procedures under subparagraph 
                (A), the courts established pursuant to section 103(a) 
                shall transmit a copy of the rules and procedures, 
                unclassified to the greatest extent possible (with a 
                classified annex, if necessary), to the Committee on 
                the Judiciary and the Select Committee on Intelligence 
                of the Senate and the Committee on the Judiciary and 
                the Permanent Select Committee on Intelligence of the 
                House of Representatives.
            ``(4) Disclosures to petitioners.--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.--Section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861), as amended by subsection 
(d), is amended by adding at the end the following:
    ``(g) Use of Information.--
            ``(1) In general.--
                    ``(A) Consent.--Any tangible things or information 
                acquired from 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) Use and disclosure.--No tangible things or 
                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 tangible 
        things or information acquired pursuant to this section shall 
        be disclosed for law enforcement purposes unless such 
        disclosure is accompanied by a statement that such tangible 
        things or 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 tangible things or 
        information obtained or derived from 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 the tangible things or information or submit 
        them in evidence, notify the aggrieved person and the court or 
        other authority in which the tangible things or information are 
        to be disclosed or used that the United States intends to so 
        disclose or so use such tangible things or 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 tangible things or 
        information obtained or derived from 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 tangible things or information are to be disclosed or 
        used, and the Attorney General that the State or political 
        subdivision thereof intends to so disclose or so use such 
        tangible things or information.
            ``(5) Motion to suppress.--
                    ``(A) In general.--Any aggrieved person against 
                whom evidence obtained or derived from 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 order, as the case may be, 
                on the grounds that--
                            ``(i) the tangible things or information 
                        were acquired in violation of the Constitution 
                        or laws of the United States; or
                            ``(ii) the order 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 
                                applications, orders, or other 
                                materials relating to an order issued 
                                pursuant to this section; or
                                    ``(II) discover, obtain, or 
                                suppress evidence or information 
                                obtained or derived from 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 application, order, 
                and such other related materials as may be necessary to 
                determine whether the order was lawfully authorized and 
                served.
                    ``(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 order was not authorized or served 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 order or 
                otherwise grant the motion of the aggrieved person.
                    ``(B) Lawful orders.--If the court determines that 
                the order was lawfully authorized and served, 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 
        an order was not lawfully authorized or served, 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.''.
    (f) Oversight of Requests for Production of Records.--Section 
502(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1862(a)) is amended to read as follows:
    ``(a) On a semiannual basis, the Attorney General shall, with 
respect to all requests for the production of tangible things under 
section 501, fully inform--
            ``(1) the Select Committee on Intelligence of the Senate;
            ``(2) the Committee on the Judiciary of the Senate;
            ``(3) the Permanent Select Committee on Intelligence of the 
        House of Representatives; and
            ``(4) the Committee on the Judiciary of the House of 
        Representatives.''.
    (g) Definition.--Title V of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861 et seq.) is amended by adding at the end 
the following:

``SEC. 503. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) In general.--Except as provided in this section, 
        terms used in this title that are also used in title I shall 
        have the meanings given such terms by section 101.
            ``(2) Aggrieved person.--The term `aggrieved person' means 
        any person whose tangible things or information were acquired 
        pursuant to an order under this title.''.

SEC. 5. 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 the following: ``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,
        provided that such investigation of a United States person is 
        not conducted solely upon the basis of activities protected by 
        the first amendment of 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 625 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 626(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 by--
                    (A) redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) 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) adding after paragraph (1), as amended by 
                subparagraph (B), the following:
    ``(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 must 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 by--
                    (A) redesignating ``Financial institutions'' and 
                everything that follows as clause (i); and
                    (B) adding after clause (i) the following new 
                clauses:
            ``(ii) 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) A request under this subsection must 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 625 of the Fair Credit Reporting Act (15 
        U.S.C. 1681u) is amended by adding at the end the following:
    ``(n) Limitation.--
            ``(1) 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) A request under this section must 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 626(b) of the Fair 
        Credit Reporting Act (15 U.S.C. 1681v(b)) is amended by--
                    (A) redesignating ``The certification described'' 
                and all that follows as paragraph (1); and
                    (B) adding after paragraph (1) the following new 
                paragraphs:
            ``(2) 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) 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 625(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 626(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)), 
        as amended by subsections (a), (b), and (c) of this section, is 
        amended by adding at the end the following:
    ``(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 625 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681u), as amended by 
        subsection (b) of this section, is amended by adding at the end 
        the following:
    ``(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 626 of the Fair Credit Reporting Act (15 U.S.C. 1681v) 
        is amended by adding at the end the following:
    ``(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:
    ``(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 625 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681u), as amended by subsections (b) 
        and (d), is amended by adding at the end the following:
    ``(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 626 of the Fair Credit Reporting Act (15 U.S.C. 1681v), 
        as amended by subsection (d), is amended by adding at the end 
        the following:
    ``(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 625(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;
                    (B) in paragraph (8), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(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) 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)).
    ``(z) Aggrieved Person.--The term `aggrieved person' means any 
consumer or person whose consumer report is produced, disclosed, or 
otherwise made public without the consent of such consumer or person.
    ``(aa) 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)).''.

SEC. 6. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
              DEVICES.

    (a) Criminal Authority.--
            (1) Application for an order.--Section 3122(b)(2) of title 
        18, United States Code, is amended by striking ``a 
        certification by the applicant'' and inserting ``a statement by 
        the applicant of specific and articulable facts showing there 
        is reason to believe''.
            (2) Issuance of an order.--Section 3123(a) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (1), by striking ``the attorney 
                for the Government has certified to the court that the 
                information likely to be obtained by such installation 
                and use is relevant to an ongoing criminal 
                investigation.'' and inserting ``the application meets 
                the requirements of section 3122.''; and
                    (B) in paragraph (2), by striking ``the State law 
                enforcement or investigative officer'' and all that 
                follows and inserting ``the application meets the 
                requirements of section 3122.''.
            (3) Reporting.--Section 3126 of title 18, United States 
        Code, is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``law enforcement agencies of the Department 
                of Justice'' and inserting ``attorneys for the 
                Government'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period and 
                inserting ``; and'';
                    (D) in the matter preceding paragraph (1), by 
                striking ``The Attorney General'' and inserting the 
                following:
    ``(a) Report to Congress.--The Attorney General''; and
                    (E) by adding at the end the following:
            ``(6) whether the application for the order and the 
        applications for any extensions were granted as applied for, 
        modified, or denied;
            ``(7) the specific types of dialing, routing, addressing, 
        or signaling information sought in the application and obtained 
        with the order; and
            ``(8) a summary of any litigation to which the Government 
        is or was a party regarding the interpretation of the 
        provisions of this chapter.
    ``(b) Public Report.--The Attorney General shall annually make 
public a full and complete report concerning the number of applications 
for pen register orders and orders for trap and trace devices applied 
for pursuant to this chapter and the number of such orders and 
extensions of such orders granted or denied pursuant to this chapter 
during the preceding calendar year. Such report shall include a summary 
and analysis of the data required to be reported to Congress under 
subsection (a).''.
            (4) Notice.--Section 3123 of title 18, United States Code, 
        is amended by adding at the end the following:
    ``(e) Notice.--
            ``(1) Inventory.--A court that receives an application for 
        an order or extension under section 3122(a) shall cause to be 
        served on the persons named in the application, and such other 
        parties to communications as the court determines should 
        receive notice in the interest of justice, an inventory, 
        including--
                    ``(A) the fact of the application for an order or 
                extension under section 3122(a) and whether the court 
                granted or denied such application; and
                    ``(B) if the order or extension was granted--
                            ``(i) the date of the entry of such order 
                        or extension and the period of authorized, 
                        approved, or disapproved use of the pen 
                        register or trap and trace device;
                            ``(ii) whether a pen register or trap and 
                        trace device was installed or used during the 
                        period authorized; and
                            ``(iii) the specific types of dialing, 
                        routing, addressing, or signaling information 
                        sought in the application and collected by the 
                        pen register or trap and trace device.
            ``(2) Timing.--The court shall serve notice under paragraph 
        (1) within a reasonable time, but not later than 90 days 
        after--
                    ``(A) the filing of the application for an order or 
                extension under section 3122(a) that is denied; or
                    ``(B) the termination of the period of an order, or 
                extensions thereof, that is granted.
            ``(3) Delay.--The court may issue an ex parte order 
        postponing the service of the inventory required under 
        paragraph (1) upon a showing of good cause by an attorney for 
        the Government.
            ``(4) Inspection.--Upon the filing of a motion, the court 
        may make available for inspection by a person served under 
        paragraph (1), or counsel for such person, such portions of the 
        collected communications, applications, and orders as the court 
        determines to be in the interest of justice.''.
    (b) Foreign Intelligence Authority.--Section 402(c)(2) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)(2)) is 
amended by striking ``a certification by the applicant'' and inserting 
``a statement by the applicant of specific and articulable facts 
showing there is reason to believe''.

SEC. 7. MODIFICATION OF DEFINITION OF DOMESTIC TERRORISM.

    Section 2331(5) of title 18, United States Code, is amended--
            (1) by striking subparagraphs (A) and (B) and inserting the 
        following:
                    ``(A) involve acts dangerous to human life that 
                constitute a Federal crime of terrorism (as that term 
                is defined in section 2332b(g)(5)); and''; and
            (2) by redesignating subparagraph (C) as subparagraph (B).

SEC. 8. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
              OF 1978.

    (a) In General.--Section 601(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871(a)) is amended in the matter 
preceding paragraph (1)--
            (1) by striking ``, in a manner consistent with the 
        protection of national security,''; and
            (2) by inserting ``public'' before ``report''.
    (b) Redaction.--Section 601(a)(5) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871(a)(5)) is amended by inserting 
``, which may be redacted in order to protect national security'' after 
``that include significant construction or interpretation of the 
provisions of this Act''.
                                 <all>