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available, you should immediately notify this agency or department (self-addressed and postage paid envelope enclosed) in writing, signed, and dated. Otherwise, upon the expiration of eighteen days from the date of delivery or mailing of this notice, the records or information requested therein will be made available.";

(3) eighteen days have expired from the date of personal delivery or mailing of notice to the customer and within which time period neither the customer nor the financial institution, communication common carrier, credit card issuer, or consumer reporting agency has objected, in writing, to the record or information being made available; and

(4) concurrent with service of an administrative subpoena or summons a notice is provided to the financial institution, communication common carrier, credit card issuer, or consumer reporting agency stating the rights, obligations, and liabilities of such organization under this Act.

SEARCH WARRANTS

SEC. 6. An officer, employee, or agent of the United 22 States or of any agency or department thereof, may obtain 23 the financial, toll, or credit records of any customer, from

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a financial institution, communication common carrier, credit 25 card issuer, or consumer reporting agency under section

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1 2 (a) (3), if he obtains a search warrant pursuant to the

2 Federal Rules of Criminal Procedure.

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JUDICIAL SUBPOENAS

SEC. 7. (a) An officer, employee, agent, or authority 5 of the United States or any agency or department thereof in 6 accordance with section 2 (a) (4), may obtain from a finan7cial institution, communication common carrier, credit card 8 issuer, or consumer reporting agency copies of, access to, or 9 information contained in, the financial, toll, or credit records 10 of any customer pursuant to a judicial subpoena if

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(1) such subpoena is authorized by law and there is reason to believe that the subpoena will produce information relevant to a legitimate law enforcement purpose;

(2) a copy of the subpoena has been personally received by the customer or mailed to his last known address by registered or certified mail on the date on which the subpoena was served on the financial institution, communication common carrier, credit card issuer, or consumer reporting agency together with the following notice:

"Records or information concerning your transactions which are held by the organization named in the attached subpoena are being sought by this (agency or department or authority) for the following purpose:

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If you desire that such records or in

formation not be produced, you should within eighteen days apply to the court named in the subpoena to prohibit its enforcement. Otherwise, upon the expiration of eighteen days from the date of the delivery or mailing of this notice the records or information requested therein will be made available."; and

(3) eighteen days have expired from the date of personal delivery or mailing of notice to the customer within which period either the customer or the financial institution, communication common carrier, credit card issuer, or consumer reporting agency or both may move to quash such subpoena in the court named in the subpoena; and

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(4) concurrent with service of a subpoena a notice is provided to the financial institution, communication common carrier, credit card issuer, or consumer reporting agency stating the rights, obligations, and liabilities

20 (b) Upon application of an officer, employee, agent or

21 authority of the United States, the court may grant such

22 subpoena in accordance with subsection (a) (1) with a tem

23 porary delay of delivery or of mailing to the customer a copy

24 of the subpoena and any notification of the existence of the

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subpoena, which delay shall not exceed ninety days follow

2 ing the date of issuance, if the court finds, on the basis of an

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affidavit or sworn testimony, that it has been affirmatively

4 demonstrated that such notification would seriously jeop

5 ardize a continuing investigation of any of the criminal

6 offenses listed in subsection (c). If the court so finds it shall

7 enter an ex parte order granting the requested delay. Addi

8 tional delays may be granted by the court upon application,

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but only in accordance with this subsection. The total period 10 of time from service of the subpoena to notification of the cus

11 tomer shall not exceed one year, except if a judge of the 12 Court of Appeals for the appropriate circuit finds on the basis 13 of an affidavit or sworn testimony that there is probable

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cause to believe that a criminal offense listed in subsection

(c) is being committed, has been committed, or is about to 16 be committed, and that the records sought or made available 17 pursuant to this Act are relevant to a continuing investiga18 tion of such offense; in which case such judge shall enter

19 an ex parte order granting the requested delay. Such

20 additional delays are not limited in number, but

21 shall not exceed one hundred and eighty days each. Upon

22 the expiration of the period of delay of notification of the 23 customer the following notice shall be delivered or mailed 24 to him along with a copy of the subpoena:

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"Records or information concerning your transactions

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1 which are held by the organization named in the enclosed

2 subpoena were supplied to the authority named in the sub

3 poena on (date)

Notification was withheld pursuant

4 to a determination by the court that such notice would ser

5 iously jeopardize an investigation concerning

.".

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6 (c) Delay of notification of issuance of a subpoena may

7 be sought pursuant to subsection (b) if such subpoena is

8 issued in regard to any of the following offenses: Title 18,

9 United States Code, section 201 (bribery of public officials

10 and witnesses), section 224 (bribery in sporting contests), 11 subsections (d), (e), (f), (g), (h), or (i) of section 844 12 (unlawful use of explosives), section 1084 (transmission of 13 wagering information), section 1503 (influencing or injuring

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an officer, juror, or witness generally), section 1510 (ob15 struction of criminal investigations), section 1511 (obstruc16 tion of State or local law enforcement), section 1751 (Presi17 dential assassinations, kidnaping, and assault), section 18 1951 (interference with commerce by threats or violence), 19 section 1952 (interstate and foreign travel or transportation 20 in aid of racketeering enterprises), section 1954 (offer, ac21 ceptance, or solicitation to influence operations of employee 22 benefit plan), section 1955 (prohibition of business enter23 prises of gambling), section 659 (theft from interstate ship

24 ment), section 664 (embezzlement from pension and welfare

25 funds), sections 2314 and 2315 (interstate transportation of