,,ii #aaith ,,congress #b;d ,session ,s4 #ciah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #be1 #bjbf,mr4 ,wyden 7for himself1 ,mr4 ,daines1 ,mr4 ,lee1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to require that notice of criminal surveillance orders be eventually provided to targets1 to reform the use of non-disclosure orders to providers1 to prohibit indefinite sealing of criminal surveillance orders1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,government ,surveillance ,transparency ,act of #bjbf4 #b4 ,criminal surveillance orders 7a7 ,in general ,part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bjf the following3 #bjf;,a ,criminal surveillance orders ,sec4 #caca4 ,definitions4 #cacb4 ,criminal surveillance orders4 #cacc4 ,request for unsealing or challenging redactions4 #caca4 ,definitions ,in this chapter3 7#a7 ,application ,the term application-- 7,a7 means an application for a criminal surveillance order2 and 7,b7 includes all supporting affidavits and exhibits4 7#b7 ,pen register2 trap and trace device ,the terms pen register1 and trap and trace device have the meanings given the terms in section #cabg4 7#c7 ,criminal surveillance order ,the term criminal surveillance order means-- 7,a7 an order authorizing or approving the interception of a wire communication1 oral communication1 or electronic communication under chapter #aai or under an equivalent ,state law2 7,b7 an order authorizing or approving the installation and use of a pen register or a trap and trace device under chapter #bjf or under an equivalent ,state law2 7,c7 an order for the installation of a mobile tracking device under section #caag2 7,d7 an order for disclosure under chapter #aba2 7,e7 an order for a delay of notification or nondisclosure under section #bgje2 7,f7 a search or seizure warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure or in the case of a ,state or ,tribal court1 issued using ,state or ,tribal warrant procedures2 7,g7 in the case of a court-martial or other proceeding under chapter #dg of title #aj 7,uniform ,code of ,military ,justice71 a warrant or order issued under section #hdf of that title2 7,h7 a warrant under section #cajc;a2 7,i7 an order under section #afea of title #bh2 7,j7 an order for third party assistance under section #beah7d7 or section #cabd2 or 7,k7 an order to enforce the assistance capability and capacity requirements under section #bebb4 7#d7 ,electronic communication2 oral communication2 wire communication ,the terms electronic communication1 oral communication1 and wire communication have the meanings given the terms in section #beaj4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given such term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#f7 ,inventory ,the term inventory means the inventory and other materials-- 7,a7 returned to a ,federal1 ,state1 or ,tribal court or a court-martial or other proceeding under chapter #dg of title #aj 7,uniform ,code of ,military ,justice7 in connection with the execution of a criminal surveillance order 7including under paragraph 7#a77;,d7 or 7#b77;,b7 of rule #da7;f7 of the ,federal ,rules of ,criminal ,procedure1 under comparable ,state warrant procedures1 or under procedures applicable to a court-martial or other proceeding under chapter #dg of title #aj72 or 7,b7 provided to persons and other parties described in section #beah7h77;d74 7#g7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,united ,states ,virgin ,islands4 7#h7 ,substantially prevails ,the term substantially prevails has the meaning given the term in section #eeb7;a77#d77;,e7 of title #e4 #cacb4 ,criminal surveillance orders 7a7 ,limitation on sealing 7#a7 ,in general ,except as provided in paragraph 7#b71 a court may not seal a criminal surveillance order1 application1 or inventory for a period that extends after the later of-- 7,a7 date the order is executed2 or 7,b7 the date on which the authorized surveillance ends4 7#b7 ,exceptions 7,a7 ,in general ,an applicant for a criminal surveillance order may file a written request for the court to seal the criminal surveillance order1 the application1 or the inventory for a period not to exceed #ahj days after the later of the date the order is executed or the date on which the authorized surveillance ends1 which request the court shall grant if the applicant certifies that there is reason to believe that failure to seal will have an adverse result described in subparagraph 7,b74 7,b7 ,adverse result 7i7 ,in general ,an adverse result described in this subparagraph is-- 7,i7 endangering the life or physical safety of an individual2 7,,ii7 flight from prosecution2 7,,iii7 destruction of or tampering with evidence2 7,,iv7 intimidation of potential witnesses2 or 7,v7 otherwise seriously jeopardizing the investigation to which the criminal surveillance order relates or unduly delaying a trial resulting from the investigation4 7ii7 ,other requirements 7,i7 ,in general ,when certifying an adverse result1 the applicant shall certify that there is reason to believe that the person whose information is targeted by the order does not know-- 7aa7 about the investigation2 and 7bb7 that they are a target or person of interest in the investigation4 7,,ii7 ,failure to certify ,if the applicant does not satisfy the requirements of subclause 7,i7-- 7aa7 the applicant must follow the higher standard of judicial review required by subparagraph 7,c77ii72 and 7bb7 the failure to satisfy such requirements shall be disclosed in both the criminal surveillance order and any preclusion of notice order issued for that criminal surveillance order4 7iii7 ,review by court ,the court may1 in its discretion1 require the government to provide the factual basis for the certification described in clause 7i7 and may review that factual basis for sufficiency4 7iv7 ,notification 7,i7 ,in general ,for any criminal surveillance order1 application1 or inventory that is sealed at the ,government's request1 the ,government shall promptly notify the court if the ,government no longer has reason to believe that removal of a seal will have an adverse result described in this subparagraph4 7,,ii7 ,unsealing ,after being notified by the ,government under subclause 7,i71 the court shall unseal the criminal surveillance order1 application1 or inventory4 7,c7 ,extensions 7i7 ,in general ,the court may grant a single extension of a sealing order for up to #ahj days1 upon the applicant's motion1 based on a renewed certification that failure to extend the sealing period will have an adverse result described in subparagraph 7,b74 7ii7 ,heightened judicial review of subsequent extensions 7,i7 ,in general ,for any extension after an extension under clause 7i71 the court may grant an extension of a sealing order for up to #ahj days1 upon the applicant's motion1 if the applicant-- 7aa7 demonstrates-- 7,,aa7 a particularized showing that failure to extend the sealing period will have an adverse result described in subparagraph 7,b72 and 7,,bb7 a particularized showing that the adverse result would not be avoided by redaction of specified words1 phrases1 or passages in the criminal surveillance order1 application1 or inventory2 and 7bb7 details-- 7,,aa7 the nature of the investigation2 7,,bb7 the suspected crimes2 7,,cc7 the name of the target2 and 7,,dd7 specific facts that substantiate the need for the extension4 7,,ii7 ,redacted documents 7aa7 ,in general ,if the court determines that an applicant has met the requirements of subitem 7,,aa7 of subclause 7,i77aa71 but not the requirements of subitem 7,,bb7 of subclause 7,i77aa71 the court shall order the applicant to submit proposed redactions to each sealed document4 7bb7 ,disposition ,after considering the proposed redactions of the applicant1 if any1 the court may order the applicant to refile #a or more sealed documents with such redactions as the court finds appropriate1 direct the clerk to unseal the entirety of #a or more sealed documents1 or order that #a or more sealed documents remain under seal4 7,d7 ,sealing of rejected applications and unexecuted criminal surveillance orders ,a court may1 pursuant to subparagraph 7,a71 seal an unexecuted criminal surveillance order1 or a rejected application4 7,e7 ,challenge of adverse result certification or extension 7i7 ,in general ,any person seeking to unseal a surveillance order1 application1 or inventory may challenge-- 7,i7 a certification of the adverse result under this paragraph2 or 7,,ii7 the particularized showings and detailed information necessary for a second and subsequent extension4 7ii7 ,heightened standard ,if an order under this paragraph is issued earlier than #a year before the date on which a challenge under clause 7i7 is made1 the requirements of subparagraph 7,c77ii7 shall apply to a warrant or order sealed in accordance with chapter #bjf;,a4 7iii7 ,costs ,if a person substantially prevails in a challenge under this subparagraph1 the court shall order the applicant for the criminal surveillance order at issue to pay the litigation costs of the person 7including reasonable attorney's fees74 7b7 ,docketing and publication of criminal surveillance orders1 applications1 inventories1 and associated docket records 7#a7 ,docket records ,except as provided in paragraph 7#b71 regardless of whether a court seals a criminal surveillance order or application under this section1 the public docket record for any criminal surveillance case shall-- 7,a7 be made available as an open ,government data asset and under an open license1 as such terms are defined in section #cejb of title #dd1 and in a manner that facilitates downloading docket records in bulk1 in accordance with rules promulgated by the ,judicial ,conference of the ,united ,states1 after consultation with the ,national ,institute of ,standards and ,technology1 the ,administrator of ,general ,services1 the ,electronic ,public ,access ,public ,user ,group1 private entities offering electronic case management software1 the ,national ,center for ,state ,courts1 and the ,national ,american ,indian ,court ,judges ,association1 on the website of the court2 and 7,b7 include1 at a minimum-- 7i7 the date and time the application was filed1 the order was entered1 and the warrant was returned to the court1 where applicable2 7ii7 the type of order1 including-- 7,i7 the statutory authority under which the order was issued2 7,,ii7 the type of crime under investigation2 7,,iii7 the investigating agency2 7,,iv7 the duration of the requested surveillance if any2 7,v7 whether sealing and deferred notice were requested1 if so for how long2 7,,vi7 whether an order for third party assistance was requested2 and 7,,vii7 disposition by the court1 whether granted1 modified1 or denied2 7iii7 an index describing any subsequent filings or orders related to the case2 7iv7 the unique case number in accordance with paragraph 7#c72 and 7v7 the date on which the seal will expire 7unless extended pursuant to subsection 7a77#b77;,c774 7#b7 ,showing of adverse result ,if an applicant in a sealed case demonstrates that public disclosure of any docket item listed in paragraph 7#a77;,b77ii7 will have an adverse result described in subsection 7a77#b77;,b71 the court may direct the clerk to withhold that item from the public docket record until the sealing order expires4 7#c7 ,case number and caption 7,a7 ,in general ,a court shall assign for each application-- 7i7 a unique case number for every identified target1 including for each unique street address1 parcel1 person1 phone number1 device1 or account targeted2 and 7ii7 a case caption providing only generic information about the type of order sought and the target of the order4 7,b7 ,requirements ,a court shall assign a case number and case caption under subparagraph 7,a7 in accordance with rules promulgated by the ,judicial ,conference of the ,united ,states1 in consultation with the ,electronic ,public ,access ,public ,user ,group1 or in the case of a ,state court1 in accordance with rules promulgated by the highest court of the ,state1 and in the case of a ,tribal court1 in accordance with rules promulgated by the highest court of the ,indian ,tribe4 7#d7 ,compliance with the ,rehabilitation ,act of #aigc ,each criminal surveillance order1 application1 inventory1 and public docket record for any criminal surveillance case required under this subsection shall be published in a form that complies with section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d74 7#e7 ,nondisclosure orders ,when applying for an order for nondisclosure under section #bgje1 to prevent the disclosure of a subpoena-- 7,a7 the applicant for the order shall include a copy of the subpoena2 and 7,b7 the court shall docket the subpoena as part of the application for the order4 7#f7 ,automatic unsealing and notification ,the court shall employ a technical mechanism to automatically-- 7,a7 unseal criminal surveillance orders not later than the end of the next business day after the seal expires2 and 7,b7 provide notice1 #aj business days before scheduled unsealing1 to the law enforcement agency that filed the application for the criminal surveillance order4 7c7 ,filing ,an application and the inventory shall be filed electronically4 #cacc4 ,request for unsealing or challenging redactions 7a7 ,in general ,any person may submit a request to a court to-- 7#a7 unseal an application for a criminal surveillance order1 a criminal surveillance order1 or an inventory2 or 7#b7 challenge a redaction under section #cacb7;a77#b77;,c77ii77,,ii74 7b7 ,form ,a request described in subsection 7a7 may be submitted as part of-- 7#a7 the particular criminal surveillance matter1 including as a motion to unseal2 or 7#b7 as a stand-alone1 separate case4 7c7 ,multiple applications and orders unsealed ,a request described in subsection 7a7 may include more than #a application for a criminal surveillance order1 criminal surveillance order1 or an inventory4 4 7b7 ,technical and conforming amendments 7#a7 ,in general ,title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #beah7h7-- 7i7 by striking paragraph 7b72 and 7ii7 by redesignating paragraphs 7c7 and 7d7 as subparagraphs 7b7 and 7c71 respectively2 7,b7 in section #cabc1 by striking subsection 7d72 and 7,c7 in section #cajc;a7b77#a7-- 7i7 by striking #bgje and inserting #cacb72 and 7ii7 by striking trial7 and inserting trial4 7#b7 ,e-,government ,act of #bjjb 7,a7 ,in general ,section #bje of the ,e-,government ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note7 is amended-- 7i7 in subsection 7a71 by adding at the end the following3 7#h7 ,access to the substance of all applications for criminal surveillance orders1 criminal surveillance orders1 and inventories in a text searchable format in accordance with chapter #bjf;,a of title #ah1 ,united ,states ,code4 2 and 7ii7 in subsection 7c7-- 7,i7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,exceptions 7,a7 ,in general ,documents that are filed that are not otherwise available to the public1 such as documents filed under seal1 shall not be made available online4 7,b7 ,criminal surveillance orders ,subparagraph 7,a7 shall not apply to applications for criminal surveillance orders1 criminal surveillance orders1 and inventories that are publicly available in accordance with chapter #bjf;,a of title #ah1 ,united ,states ,code4 2 and 7,,ii7 in paragraph 7#c71 by adding at the end the following3 7,d7 ,the ,supreme ,court shall update the rules prescribed under subparagraph 7,a7 to address personal information included in criminal surveillance orders1 applications1 and inventories that are made available to the public4 4 7#c7 ,table of chapters ,the table of chapters for part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bjf the following3 #bjf;,a4,criminal surveillance orders#caba 4 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the amendments made by this section shall take effect on the date that is #b years after the date of enactment of this ,act4 7#b7 ,delayed applicability for certain ,state and ,tribal courts 7,a7 ,in general ,subsections 7b77#a77;,a7 and 7c7 of section #cacb of title #ah1 ,united ,states ,code1 as added by subsection 7a7 of this section1 shall apply on and after the date that is #d years after the date of enactment of this ,act-- 7i7 to a ,state or ,tribal court that1 on the date of enactment of this ,act1 does not offer electronic docketing or public online access to dockets2 or 7ii7 any ,state or ,tribal court that certifies that the court needs more time to comply with the requirements of those subsections4 7#c7 ,authority to delay electronic filing 7,a7 ,certification 7i7 ,federal courts ,the application of subsection 7c7 of section #cacb of title #ah1 ,united ,states ,code1 as added by subsection 7a7 of this section1 to ,federal courts under paragraph 7#a7 of this subsection shall be delayed for #a year if the ,director of the ,administrative ,office of the ,united ,states ,courts certifies that the system used by ,federal courts for electronic filing is not sufficiently secure4 7ii7 ,state and ,tribal courts ,the application of subsection 7c7 of section #cacb of title #ah1 ,united ,states ,code1 as added by subsection 7a7 of this section1 to a ,state or ,tribal court under paragraph 7#a7 or 7#b7 of this subsection1 as applicable1 shall be delayed for #a year if the chief judge of the highest court of the ,state or ,tribe certifies that the system used by the ,state or ,tribal court for electronic filing is not sufficiently secure4 7,b7 ,contents ,a certification under subparagraph 7,a7 shall include an estimate of the date by which the electronic filing system of the applicable court will be sufficiently secure4 7,c7 ,renewal of delay ,the delay of the application of subsection 7c7 of section #cacb of title #ah1 ,united ,states ,code1 as added by subsection 7a7 of this section1 to ,federal courts or to a ,state or ,tribal court may be delayed for #a or more additional #a-year periods if the ,director of the ,administrative ,office of the ,united ,states ,courts or the chief judge of the highest court of the ,state or ,tribe1 respectively1 submits an additional certification in accordance with subparagraphs 7,a7 and 7,b74 7,d7 ,publication ,any certification under this paragraph shall be-- 7i7 made available on the website of the court system with respect to which the certification is submitted2 and 7ii7 submitted to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7d7 ,applicability 7#a7 ,definitions ,in this subsection1 the terms application1 criminal surveillance order1 and inventory have the meanings given such terms in section #caca of title #ah1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,application ,the amendments made by this section shall apply to-- 7,a7 any application filed or inventory returned on or after the date described in subsection 7d72 and 7,b7 any criminal surveillance order entered on or after the date described in subsection 7d74 7#c7 ,rule of construction regarding unsealing ,nothing in the amendments made by this section shall be construed to prohibit a court from unsealing-- 7,a7 a criminal surveillance order entered or inventory returned before the date described in subsection 7d72 or 7,b7 an application for a criminal surveillance order made before the date described in subsection 7d74 7#d7 ,rule of construction regarding interpretation ,the amendments made by this section shall be liberally construed in favor of public access to documents1 to the extent possible4 #c4 ,notice to courts of unlawful surveillance 7a7 ,required disclosure of customer communications or records ,section #bgjc7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,a court order and inserting the following3 7#a7 ,in general ,a court order 2 and 7#b7 by adding at the end the following3 7#b7 ,required inventory ,a court order for disclosure issued under subsection 7b7 or 7c7 shall require an inventory described in rule #da7;f77#a77;,b7 of the ,federal ,rules of ,criminal ,procedure1 or any successor thereto1 be promptly returned to the court if the provider disclosed to the government any data not authorized by the court4 4 7b7 ,issuance of an order for a pen register or a trap and trace device ,section #cabc7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,d71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 shall require an inventory described in rule #da7;f77#a77;,b7 of the ,federal ,rules of ,criminal ,procedure1 or any successor thereto1 be promptly returned to the court if-- 7,a7 the provider disclosed to the government any electronic data not authorized by the court2 or 7,b7 the government obtained dialing1 routing1 addressing1 or signaling information that was not authorized by the court or in a manner that exceeded the authorization granted by the court4 4 7c7 ,rule #da ,rule #da7;f77#a77;,b7 of the ,federal ,rules of ,criminal ,procedure is amended by inserting after the period at the end the following3 ,if an inventory is required pursuant to this rule1 or if an inventory is required by section #bgjc7;d77#b7 of title #ah1 ,united ,states ,code1 or section #cabc7;b77#c7 of that title1 the inventory shall-- 7i7 disclose whether the provider disclosed to the government any electronic data not authorized by the court and1 if so1 provide detailed information regarding the disclosure2 and 7ii7 disclose whether the government searched persons or property1 including accounts or electronic devices1 or obtained dialing1 routing1 addressing1 or signaling information not authorized by the court or in a manner that exceeded the authorization granted by the court and1 if so1 provide detailed information regarding the search4 4 #d4 ,notice to subjects of law enforcement surveillance 7a7 ,in general ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by inserting and in accordance with the requirements for executing and returning a warrant after the procedures2 7,b7 by inserting and execution and return after ,state warrant2 and 7,c7 by inserting and in accordance with the requirements for executing and returning such a warrant after that title2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking without required notice to the subscriber or customer12 7,,ii7 by inserting and in accordance with the requirements for executing and returning a warrant after the procedures2 7,,iii7 by inserting and execution and return after ,state warrant2 and 7,,iv7 by inserting and in accordance with the requirements for executing and returning such a warrant after that title2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7ii71 by striking the semicolon at the end and inserting a period2 and 7,,ii7 in the matter following clause 7ii71 by striking except that delayed notice may be given pursuant to section #bgje of this title42 and 7,b7 by adding at the end the following3 7#c7 ,notice may not be delayed pursuant to section #bgje for a disclosure under paragraph 7#a77;,b77i74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by inserting and in accordance with the requirements for executing and returning a warrant after the procedures2 7ii7 by inserting and execution and return after ,state warrant2 and 7iii7 by inserting and in accordance with the requirements for executing and returning such a warrant after that title2 and 7,b7 by striking paragraph 7#c72 7#d7 in subsection 7d71 as amended by section #c7;a7 of this ,act1 by adding at the end the following3 7#c7 ,requirements ,orders under this subsection shall be issued in accordance with the requirements for executing and returning a warrant under the ,federal ,rules of ,criminal ,procedure4 2 and 7#e7 by adding at the end the following3 7i7 ,service 7#a7 ,in general ,a governmental entity receiving records or information under subsection 7a71 7b71 or 7c7 of this section or seeking an order under section #cabc shall provide notice prior to conducting the court-authorized surveillance to the subscriber or customer or the person described in subsection 7b77#a77;,a7 of that section1 as applicable1 unless notice is delayed in accordance with section #bgje4 ,if prior notice is infeasible due to inadequate contact information1 the governmental entity shall provide the required notice within #g days after receipt of adequate contact information from the provider4 7#b7 ,other requirements ,for purposes of serving a copy of a warrant or order described in this section and a receipt for the warrant or order-- 7,a7 the person or persons whose wire or electronic communications are obtained under the warrant or order shall be the person or persons whose property was searched or who possessed the information that was seized or copied2 and 7,b7 service of the copy of the warrant or order and the receipt may only be delayed in accordance with section #bgje4 4 7b7 ,writs ,section #afea of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,in seeking an order to a third party under this section1 the ,federal ,government shall comply with any requirement for notice applicable to warrants issued under the ,federal ,rules of ,criminal ,procedure4 4 7c7 ,voluntary disclosure of customer communications or records ,section #bgjb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,notice ,if a governmental entity requests and receives a voluntary disclosure from a provider described in subsection 7a7-- 7#a7 the contents of communications pursuant to subsection 7b77#h72 or 7#b7 a record or other information pertaining to a subscriber to or customer of such service pursuant to subsection 7c77#d71 the governmental entity shall within #g days provide notice to the subscriber or customer1 unless notice is delayed in accordance with section #bgje4 4 #e4 ,delay and preclusion of required notice 7a7 ,in general ,section #bgje of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking ,delayed and inserting ,delay and preclusion of2 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,delay of required notice to customer or subscriber 7#a7 ,in general ,a governmental entity acting under section #bgjb1 #bgjc1 or section #cabc may apply to a court for an order delaying the required notice to the person whose wire or electronic communications or records or information are obtained4 7#b7 ,warrants and orders ,the court may enter an order described in paragraph 7#a7 with respect to a warrant or order only if the warrant or order is sealed in accordance with chapter #bjf;,a1 and only for the period during which the sealing order is in effect4 7#c7 ,subpoenas and emergency requests 7,a7 ,in general ,the court shall enter an order described in paragraph 7#a7 with respect to a subpoena or emergency request for a period not to exceed #ahj days after the return date of the subpoena or the emergency request if the governmental entity certifies that there is reason to believe that failure to issue the order will have an adverse result described in section #cacb7;a77#b77;,b74 7,b7 ,extensions 7i7 ,in general ,the court shall grant a single extension of an order described in paragraph 7#a7 with respect to a subpoena or emergency request for a period not to exceed #ahj days upon the governmental entity's motion1 based on a renewed certification that failure to extend the order will have an adverse result described in section #cacb7;a77#b77;,b74 7ii7 ,subsequent extensions 7,i7 ,in general ,for any extension after an extension under clause 7i71 the court may grant an extension of an order described in paragraph 7#a7 with respect to a subpoena or emergency request for up to #ahj days1 upon the governmental entity's motion1 if the governmental entity demonstrates a particularized showing described in subitems 7,,aa7 and 7,,bb7 of section #cacb7;a77#b77;,c77,i77aa7 and details the information described in item 7bb7 of section #cacb7;a77#b77;,c77,i74 7,,ii7 ,redacted documents ,the court shall consider and order redactions under this clause in accordance with the procedures under section #cacb7;a77#b77;,c77,,ii74 7,c7 ,review by court ,the court may1 in its discretion1 require the governmental entity to provide the factual basis for the certification described in subparagraph 7,a7 and may review that factual basis for sufficiency4 7,d7 ,notification 7i7 ,in general ,a governmental entity shall promptly notify the court once the governmental entity no longer has reason to believe that the order is necessary to prevent an adverse result described in section #cacb7;a77#b77;,b74 7ii7 ,revocation ,after being notified by the governmental entity under clause 7i71 the court shall revoke the order4 2 and 7#c7 by adding at the end the following3 7c7 ,reports concerning preclusion of notice orders 7#a7 ,in general ,in ,january of each year1 any judge who has issued an order 7or an extension thereof7 under subsection 7b7 that expired during the preceding year1 or who has denied approval of a request for a preclusion of notice order1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7,a7 the fact that an order or extension was applied for2 7,b7 the fact that the order or extension was granted as applied for1 was modified1 or was denied2 7,c7 the period of the preclusion of notice required by the order1 and the number and duration of any extensions of the order2 7,d7 the nature of the offense or criminal investigation that was the basis for the underlying criminal surveillance order2 7,e7 the name of each provider of electronic communication service or remote computing service served with the order1 if so granted2 and 7,f7 the investigative or law enforcement agency that submitted the application4 7#b7 ,public report ,in ,june of each year1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall publish on the website of the ,administrative ,office of the ,united ,states ,courts and include in the report required under section #beai7c7-- 7,a7 a full and complete report concerning-- 7i7 the number of applications for orders authorizing or approving the preclusion of notice pursuant to this section2 and 7ii7 the number of orders and extensions granted or denied pursuant to this section during the preceding calendar year2 and 7,b7 a detailed summary and analysis of each category of data required to be reported under paragraph 7#a74 7#c7 ,format ,not later than #ahj days after the date of enactment of this section1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall1 in consultation with the ,national ,institute of ,standards and ,technology and the ,administrator of ,general ,services1 private entities offering electronic case management software1 the ,national ,center for ,state ,courts1 and the ,national ,american ,indian ,court ,judges ,association1 publish a machine readable form that shall be used for any report required under paragraph 7#a74 7#d7 ,regulations ,the ,director of the ,administrative ,office of the ,united ,states ,courts may promulgate regulations with respect to the content and form of the reports required under paragraph 7#a74 7d7 ,duration ,any order issued under subsection 7a7 before the effective date of chapter #bjf;,a shall be for a period of not longer than #ahj days4 4 7b7 ,additional grounds for issuing warrant ,section #cajc;a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#c71 by inserting 1 not to exceed #ahj days1 after certain2 7#b7 in subsection 7c71 by inserting 1 not to exceed #ahj days before the period at the end2 and 7#c7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 the identification of the statute or rule of law authorizing the search and seizure of property or material4 4 7c7 ,technical and conforming amendment ,the table of sections for chapter #aba of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #bgje and inserting the following3 #bgje4 ,delay and preclusion of notice4 4 #f4 ,incentives for ,state and ,tribal courts to implement requirements 7a7 ,amendments 7#a7 ,stored communications ,chapter #aba of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #bgjc1 as amended by section #d7;a7 of this ,act1 by inserting after return procedures each place the term appears the following3 and containing a certification that the court is acting in compliance with chapter #bjf;,a2 and 7,b7 in section #bgaa7c77;,b71 by inserting that is acting in compliance with chapter #bjf;,a after search warrants4 7#b7 ,wiretapping ,section #beaf7b7 of title #ah1 ,united ,states ,code1 is amended by striking ,the principal prosecuting attorney of any ,state and inserting ,if a ,state requires that courts in the state comply with chapter #bjf;,a1 the principal prosecuting attorney of that ,state4 7#c7 ,pen registers and trap and trace devices ,section #cabb7;a77#b7 of title #ah1 ,united ,states ,code1 is amended by inserting and if the ,state requires that courts in the state comply with chapter #bjf;,a1 after law14 7#d7 ,full faith and credit ,the third undesignated paragraph of section #agch of title #bh1 ,united ,states ,code1 is amended by inserting 1 provided that any criminal surveillance order1 as defined in section #caca of title #ah1 shall be entitled to full faith and credit only if the order contains a certification that the court that issued the order is acting in compliance with the requirements of chapter #bjf;,a of title #ah before the period at the end4 7b7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsection 7a7 shall take effect on the date that is #b years after the date of enactment of this ,act4 7#b7 ,delayed applicability for certain ,state and ,tribal courts ,the amendments made by subsection 7a7 shall apply on and after the date that is #d years after the date of enactment of this ,act-- 7,a7 to a ,state or ,tribal court that1 on the date of enactment of this ,act1 does not offer electronic docketing or public online access to dockets2 or 7,b7 to any ,state or ,tribal court that certifies that the court needs more time to comply with the requirements of the subsection4 #g4 ,modernizing criminal surveillance reports 7a7 ,reports concerning access to customer communications or records 7#a7 ,in general ,section #bgjc title #ah1 ,united ,states ,code1 as amended by section #d7e7 of this ,act1 is amended by adding at the end the following3 7j7 ,reports concerning access to customer communications or records 7#a7 ,in general ,in ,january of each year1 any judge who has issued an order under this section or a warrant to obtain records described in this section1 or who has denied approval of an application under this section during the preceding year1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7,a7 the fact that the order or warrant was applied for2 7,b7 the type of records sought in the order or warrant2 7,c7 whether the order or warrant was-- 7i7 granted as applied for2 7ii7 granted as modified2 or 7iii7 denied2 7,d7 the subsection of this section under which the application for the order or warrant was filed2 7,e7 the nature of the offense or criminal investigation that was the basis for the application for the order or warrant2 7,f7 the name of each provider of electronic communication service or remote computing service served with the order or warrant1 if so granted2 and 7,g7 the investigative or law enforcement agency that submitted the application4 7#b7 ,public report ,in ,june of each year1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall publish on the website of the ,administrative ,office of the ,united ,states ,courts and include in the report required under section #beai7c7-- 7,a7 a full and complete report concerning the number of applications for orders or warrants requiring the disclosure of1 during the preceding calendar year-- 7i7 the contents of wire or electronic communications in electronic storage under subsection 7a72 7ii7 the contents of wire or electronic communications in a remote computer service under subsection 7b72 and 7iii7 records concerning electronic communication service or remote computer service under subsection 7c72 7,b7 the number of orders and warrants granted or denied under this section during the preceding calendar year2 and 7,c7 a detailed summary and analysis of each category of data required to be filed with the ,administrative ,office of the ,united ,states ,courts under paragraph 7#a74 7#c7 ,format ,not later than #ahj days after the date of enactment of the ,government ,surveillance ,transparency ,act of #bjbf1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall1 in consultation with the ,national ,institute of ,standards and ,technology1 the ,administrator of ,general ,services1 the ,electronic ,public ,access ,public ,user ,group1 private entities offering electronic case management software1 the ,national ,center for ,state ,courts1 and the ,national ,american ,indian ,court ,judges ,association1 publish a machine readable form that shall be used for any report required under paragraph 7#a74 7#d7 ,regulations ,the ,director of the ,administrative ,office of the ,united ,states ,courts may issue binding regulations with respect to the content and form of the reports required under paragraph 7#a74 4 7#b7 ,technical and conforming amendment ,section #beai7c7 of title #ah1 ,united ,states ,code1 is amended1 in the first sentence1 by inserting publish on the website of the ,administrative ,office of the ,united ,states ,courts before transmit4 7b7 ,reports concerning pen registers and trap and trace devices ,section #cabf of title #ah1 ,united ,states ,code1 is amended to read as follows3 #cabf4 ,reports concerning pen registers and trap and trace devices 7a7 ,in general ,in ,january of each year1 any judge who has issued an order 7or an extension thereof7 under section #cabc that expired during the preceding year1 or who has denied approval of an installation and use of a pen register or trap and trace device during that year1 shall report to the ,administrative ,office of the ,united ,states ,courts-- 7#a7 the fact that an order or extension was applied for2 7#b7 the kind of order or extension applied for2 7#c7 the fact that the order or extension was granted as applied for1 was modified1 or was denied2 7#d7 the period of installation and use of a pen register or trap and trace device authorized by the order1 and the number and duration of any extensions of the order2 7#e7 the offense specified in the order or application1 or extension of an order2 7#f7 the precise nature of the facilities affected and the precise nature of the information sought2 and 7#g7 the investigative or law enforcement agency that submitted the application4 7b7 ,public report ,in ,june of each year1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall publish on the website of the ,administrative ,office of the ,united ,states ,courts and include in the report required under section #beai7c7-- 7#a7 a full and complete report concerning-- 7,a7 the number of applications for orders authorizing or approving the installation and use of a pen register or trap and trace device pursuant to this chapter2 and 7,b7 the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year2 and 7#b7 a detailed summary and analysis of each category of data required to be reported under subsection 7a74 7c7 ,format ,not later than #ahj days after the date of enactment of the ,government ,surveillance ,transparency ,act of #bjbf1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall1 in consultation with the ,national ,institute of ,standards and ,technology and the ,administrator of ,general ,services1 private entities offering electronic case management software1 the ,national ,center for ,state ,courts1 and the ,national ,american ,indian ,court ,judges ,association1 publish a machine readable form that shall be used for any report required under subsection 7a74 7d7 ,regulations ,the ,director of the ,administrative ,office of the ,united ,states ,courts may issue binding regulations with respect to the content and form of the reports required under subsection 7a74 4 7c7 ,reporting of emergency disclosures ,section #bgjb7;d7 of title #ah1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by inserting and publish on the website of the ,department of ,justice after ,senate4 #h4 ,grants 7a7 ,definitions ,in this section-- 7#a7 the term ,indian ,tribe has the meaning given such term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj72 and 7#b7 the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,united ,states ,virgin ,islands4 7b7 ,authority ,the ,attorney ,general shall make grants to ,state and ,tribal court systems for the cost of implementing the requirements under the amendments made by this ,act for the #e-year period beginning on the date of enactment of this ,act4 7c7 ,maximum amount ,the total amount of grants awarded under this section shall be not greater than #be1jjj1jjj4 #i4 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 #a1jjj1jjj to the ,administrative ,office of the ,united ,states ,courts to implement the requirements of this ,act and the amendments made by this ,act2 and 7#b7 #be1jjj1jjj to carry out the grant program under section #h4 #aj4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of and amendments made by this ,act1 and the application of the provision or amendment held to be unconstitutional to any other person or circumstance1 shall not be affected thereby4