(a) The recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the request. The court may modify or set aside the request if compliance would be unreasonable, oppressive, or otherwise unlawful.
(b)
(1)
(A)
(B)
(C)
(2)
(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)
(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.
(c) In the case of a failure to comply with a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General may invoke the aid of any district court of the United States within the jurisdiction in which the investigation is carried on or the person or entity resides, carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person or entity to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this section may be served in any judicial district in which the person or entity may be found.
(d) In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947. Petitions, filings, records, orders, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947.
(e) In all proceedings under this section, the court shall, upon request of the government, review ex parte and in camera any government submission or portions thereof, which may include classified information.
References in Text
Sections 626(a), (b) and 627(a) of the Fair Credit Reporting Act, referred to in subsecs. (a), (c), and (d), are classified to sections 1681u(a), (b) and 1681v(a), respectively, of Title 15, Commerce and Trade.
Section 1114(a)(5)(A) of the Right to Financial Privacy Act, referred to in subsecs. (a), (c), and (d), probably means section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978, which is classified to section 3414(a)(5)(A) of Title 12, Banks and Banking.
Section 802(a) of the National Security Act of 1947, referred to in subsecs. (a), (c), and (d), is classified to section 3162(a) of Title 50, War and National Defense.
Amendments
2015—Subsec. (b). Pub. L. 114–23 added subsec. (b) and struck out former subsec. (b) which related to petitions for court orders modifying or setting aside a nondisclosure requirement imposed in connection with a request for records, reports, or other information.
Reports on National Security Letters
Pub. L. 109–177, title I, §118, Mar. 9, 2006, 120 Stat. 217, as amended by Pub. L. 114–23, title VI, §602(c), June 2, 2015, 129 Stat. 294, provided that:
"(a)
"(b)
"(c)
"(1)
"(A) section 2709 of title 18, United States Code (to access certain communication service provider records);
"(B) section 1114 of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414) (to obtain financial institution customer records);
"(C) section 802 of the National Security Act of 1947 (50 U.S.C. 436) [now 50 U.S.C. 3162] (to obtain financial information, records, and consumer reports);
"(D) section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial information and consumer reports); and
"(E) section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to obtain credit agency consumer records for counterterrorism investigations).
"(2)
"(A)
"(i) United States persons; and
"(ii) persons who are not United States persons.
"(B)
"(3)
"(d)
"(1) Section 2709(a) of title 18, United States Code (to access certain communication service provider records).
"(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer records).
"(3) Section 802 of the National Security Act of 1947 (50 U.S.C. 436) [now 50 U.S.C. 3162] (to obtain financial information, records, and consumer reports).
"(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial information and consumer reports).
"(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to obtain credit agency consumer records for counterterrorism investigations)."