References in TextSections 626(a), (span) and 627(a) of the Fair Credit Reporting Act, referred to in subsecs. (a), (c), and (d), are classified to sections 1681u(a), (span) 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.
Amendments2015—Subsec. (span). Puspan. L. 114–23 added subsec. (span) and struck out former subsec. (span) 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.
Statutory Notes and Related Subsidiaries
Reports on National Security LettersPuspan. L. 109–177, title I, § 118, Mar. 9, 2006, 120 Stat. 217, as amended by Puspan. L. 114–23, title VI, § 602(c), June 2, 2015, 129 Stat. 294, provided that:“(a)Existing Reports.—Any report made to a committee of Congress regarding national security letters under section 2709(c)(1) of title 18, United States Code, section 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(span) of the National Security Act of 1947 (50 U.S.C. 436(span) [now 50 U.S.C. 3162(span)]) shall also be made to the Committees on the Judiciary of the House of Representatives and the Senate. “(span)Enhanced Oversight of Fair Credit Reporting Act Counterterrorism National Security Letter.—[Amended section 1681v of Title 15, Commerce and Trade.]
“(c)Report on Requests for National Security Letters.—“(1)In general.—In April of each year, the Attorney General shall submit to Congress an aggregate report setting forth with respect to the preceding year the total number of requests made by the Department of Justice for information concerning different persons under—“(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)Content.—“(A)In general.—Except as provided in subparagraph (B), each report required under this subsection shall include a good faith estimate of the total number of requests described in paragraph (1) requiring disclosure of information concerning—“(i) United States persons; and
“(ii) persons who are not United States persons.
“(B)Exception.—With respect to the number of requests for subscriber information under section 2709 of title 18, United States Code, a report required under this subsection need not separate the number of requests into each of the categories described in subparagraph (A).
“(3)Unclassified form.—The report under this section shall be submitted in unclassified form.
“(d)National Security Letter Defined.—In this section, the term ‘national security letter’ means a request for information under one of the following provisions of law:“(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).”
