Delay and preclusion of required notice

(a) In general Section 2705 of title 18, United States Code, is amended— (1) in the section heading, by striking Delayed and inserting Delay and preclusion of; (2) by striking subsection (a) and inserting the following: (a) Delay of required notice to customer or subscriber (1) In general A governmental entity acting under section 2702, 2703, or section 3123 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 obtained. (2) Warrants and orders The court may enter an order described in paragraph (1) with respect to a warrant or order only if the warrant or order is sealed in accordance with chapter 206A, and only for the period during which the sealing order is in effect. (3) Subpoenas and emergency requests (A) In general The court shall enter an order described in paragraph (1) with respect to a subpoena or emergency request for a period not to exceed 180 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 3132(a)(2)(B). (B) Extensions (i) In general The court shall grant a single extension of an order described in paragraph (1) with respect to a subpoena or emergency request for a period not to exceed 180 days upon the governmental entity's motion, based on a renewed certification that failure to extend the order will have an adverse result described in section 3132(a)(2)(B). (ii) Subsequent extensions (I) In general For any extension after an extension under clause (i), the court may grant an extension of an order described in paragraph (1) with respect to a subpoena or emergency request for up to 180 days, upon the governmental entity's motion, if the governmental entity demonstrates a particularized showing described in subitems (AA) and (BB) of section 3132(a)(2)(C)(I)(aa) and details the information described in item (bb) of section 3132(a)(2)(C)(I). (II) Redacted documents The court shall consider and order redactions under this clause in accordance with the procedures under section 3132(a)(2)(C)(II). (C) Review by court The court may, in its discretion, require the governmental entity to provide the factual basis for the certification described in subparagraph (A) and may review that factual basis for sufficiency. (D) Notification (i) 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 3132(a)(2)(B). (ii) Revocation After being notified by the governmental entity under clause (i), the court shall revoke the order.; and (3) by adding at the end the following: (c) Reports concerning preclusion of notice orders (1) In general In January of each year, any judge who has issued an order (or an extension thereof) under subsection (b) that expired during the preceding year, or who has denied approval of a request for a preclusion of notice order, shall report to the Administrative Office of the United States Courts— (A) the fact that an order or extension was applied for; (B) the fact that the order or extension was granted as applied for, was modified, or was denied; (C) the period of the preclusion of notice required by the order, and the number and duration of any extensions of the order; (D) the nature of the offense or criminal investigation that was the basis for the underlying criminal surveillance order; (E) the name of each provider of electronic communication service or remote computing service served with the order, if so granted; and (F) the investigative or law enforcement agency that submitted the application. (2) Public report In June of each year, 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 2519(3)— (A) a full and complete report concerning— (i) the number of applications for orders authorizing or approving the preclusion of notice pursuant to this section; and (ii) the number of orders and extensions granted or denied pursuant to this section during the preceding calendar year; and (B) a detailed summary and analysis of each category of data required to be reported under paragraph (1). (3) Format Not later than 180 days after the date of enactment of this section, the Director of the Administrative Office of the United States Courts shall, in consultation with the National Institute of Standards and Technology and the Administrator of General Services, private entities offering electronic case management software, the National Center for State Courts, and the National American Indian Court Judges Association, publish a machine readable form that shall be used for any report required under paragraph (1). (4) 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 (1). (d) Duration Any order issued under subsection (a) before the effective date of chapter 206A shall be for a period of not longer than 180 days.. (b) Additional grounds for issuing warrant Section 3103a of title 18, United States Code, is amended— (1) in subsection (b)(3), by inserting, not to exceed 180 days, after certain; (2) in subsection (c), by inserting, not to exceed 180 days before the period at the end; and (3) in subsection (d)(1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting; and; and (C) by adding at the end the following: (E) the identification of the statute or rule of law authorizing the search and seizure of property or material.. (c) Technical and conforming amendment The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2705 and inserting the following: 2705. Delay and preclusion of notice..