(a)
Counterintelligence Access to Telephone Toll and Transactional Records.— Section 2709 of title 18, United States Code, is amended by striking subsection (c) and inserting the following new subsection:
“(c) Prohibition of Certain Disclosure.—
“(1) Prohibition.—
“(A) In general.—If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no wire or electronic communication service provider that receives a request under subsection (b), 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.
“(B) Certification.—The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in—
“(i) a danger to the national security of the United States;
“(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;
“(iii) interference with diplomatic relations; or
“(iv) danger to the life or physical safety of any person.
“(2) Exception.—
“(A) In general.—A wire or electronic communication service provider that receives a request under subsection (b), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
“(i) those persons to whom disclosure is necessary in order to comply with the request;
“(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
“(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
“(B) Application.—A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (b) in the same manner as the person to whom the request is issued.
“(C) Notice.—Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement.
“(D) Identification of disclosure recipients.—At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.”
(b)
Access to Financial Records for Certain Intelligence and Protective Purposes.— Section 1114 of the Right to Financial Privacy Act of 1978 (
12 U.S.C. 3414) is
amended—
(1)
in subsection (a)(5), by striking subparagraph (D); and
(2)
by inserting after subsection (b) the following new subsection:
“(c) Prohibition of Certain Disclosure.—
“(1) Prohibition.—
“(A) In general.—If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no financial institution that receives a request under subsection (a), 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 subsection (a).
“(B) Certification.—The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in—
“(i) a danger to the national security of the United States;
“(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;
“(iii) interference with diplomatic relations; or
“(iv) danger to the life or physical safety of any person.
“(2) Exception.—
“(A) In general.—A financial institution that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
“(i) those persons to whom disclosure is necessary in order to comply with the request;
“(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
“(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
“(B) Application.—A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.
“(C) Notice.—Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
“(D) Identification of disclosure recipients.—At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.”
(c)
Identity of Financial Institutions and Credit Reports.— Section 626 of the Fair Credit Reporting Act (
15 U.S.C. 1681u) is amended by striking subsection (d) and inserting the following new subsection:
“(d) Prohibition of Certain Disclosure.—
“(1) Prohibition.—
“(A) In general.—If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (e) is provided, no consumer reporting agency that receives a request under subsection (a) or (b) or an order under subsection (c), or officer, employee, or agent thereof, shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a), (b), or (c).
“(B) Certification.—The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in—
“(i) a danger to the national security of the United States;
“(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;
“(iii) interference with diplomatic relations; or
“(iv) danger to the life or physical safety of any person.
“(2) Exception.—
“(A) In general.—A consumer reporting agency that receives a request under subsection (a) or (b) or an order under subsection (c), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
“(i) those persons to whom disclosure is necessary in order to comply with the request;
“(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
“(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
“(B) Application.—A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection (a) or (b) or an order under subsection (c) is issued in the same manner as the person to whom the request is issued.
“(C) Notice.—Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
“(D) Identification of disclosure recipients.—At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.”
(d)
Consumer Reports.— Section 627 of the Fair Credit Reporting Act (
15 U.S.C. 1681v) is amended by striking subsection (c) and inserting the following new subsection:
“(c) Prohibition of Certain Disclosure.—
“(1) Prohibition.—
“(A) In general.—If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no consumer reporting agency that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose or specify in any consumer report, that a government agency described in subsection (a) has sought or obtained access to information or records under subsection (a).
“(B) Certification.—The requirements of subparagraph (A) shall apply if the head of the government agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in—
“(i) a danger to the national security of the United States;
“(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;
“(iii) interference with diplomatic relations; or
“(iv) danger to the life or physical safety of any person.
“(2) Exception.—
“(A) In general.—A consumer reporting agency that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
“(i) those persons to whom disclosure is necessary in order to comply with the request;
“(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
“(iii) other persons as permitted by the head of the government agency described in subsection (a) or a designee.
“(B) Application.—A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection (a) is issued in the same manner as the person to whom the request is issued.
“(C) Notice.—Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
“(D) Identification of disclosure recipients.—At the request of the head of the government agency described in subsection (a) or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.”
(e)
Investigations of Persons With Access to Classified Information.— Section 802 of the National Security Act of 1947 (
50 U.S.C. 3162) is amended by striking subsection (b) and inserting the following new subsection:
“(b) Prohibition of Certain Disclosure.—
“(1) Prohibition.—
“(A) In general.—If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).
“(B) Certification.—The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in—
“(i) a danger to the national security of the United States;
“(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;
“(iii) interference with diplomatic relations; or
“(iv) danger to the life or physical safety of any person.
“(2) Exception.—
“(A) In general.—A governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
“(i) those persons to whom disclosure is necessary in order to comply with the request;
“(ii) an attorney in order to obtain legal advice or assistance regarding the request; or
“(iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a) or a designee.
“(B) Application.—A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.
“(C) Notice.—Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
“(D) Identification of disclosure recipients.—At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.”
(f)
Termination Procedures.—
(1)
In general.— Not later than 180 days after the date of enactment of this Act, the Attorney General shall adopt procedures with respect to nondisclosure requirements issued pursuant to
section 2709 of title 18, United States Code, section 626 or 627 of the Fair Credit Reporting Act (
15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act (
12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (
50 U.S.C. 3162), as amended by this Act, to
require—
(A)
the review at appropriate intervals of such a nondisclosure requirement to assess whether the facts supporting nondisclosure continue to exist;
(B)
the termination of such a nondisclosure requirement if the facts no longer support nondisclosure; and
(C)
appropriate notice to the recipient of the national security letter, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the applicable court as appropriate, that the nondisclosure requirement has been terminated.
(2)
Reporting.— Upon adopting the procedures required under paragraph (1), the Attorney General shall submit the procedures to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(g)
Judicial Review.— Section 3511 of title 18, United States Code, is amended by striking subsection (b) and inserting the following new subsection:
“(b) Nondisclosure.—
“(1) In general.—
“(A) Notice.—If a recipient of a request or order for a report, records, or other information under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (50 U.S.C. 3162), wishes to have a court review a nondisclosure requirement imposed in connection with the request or order, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a).
“(B) Application.—Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the request is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement.
“(C) Consideration.—A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances.
“(2) Application contents.—An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific facts indicating that the absence of a prohibition of disclosure under this subsection may result in—
“(A) a danger to the national security of the United States;
“(B) interference with a criminal, counterterrorism, or counterintelligence investigation;
“(C) interference with diplomatic relations; or
“(D) danger to the life or physical safety of any person.
“(3) Standard.—A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in—
“(A) a danger to the national security of the United States;
“(B) interference with a criminal, counterterrorism, or counterintelligence investigation;
“(C) interference with diplomatic relations; or
“(D) danger to the life or physical safety of any person.”