Text: H.R.2048 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-23 (06/02/2015)

 
[114th Congress Public Law 23]
[From the U.S. Government Publishing Office]



[[Page 267]]

  UNITING AND STRENGTHENING AMERICA BY FULFILLING RIGHTS AND ENSURING 
            EFFECTIVE DISCIPLINE OVER MONITORING ACT OF 2015

[[Page 129 STAT. 268]]

Public Law 114-23
114th Congress

                                 An Act


 
   To reform the authorities of the Federal Government to require the 
production of certain business records, conduct electronic surveillance, 
  use pen registers and trap and trace devices, and use other forms of 
 information gathering for foreign intelligence, counterterrorism, and 
criminal purposes, and for other purposes. <<NOTE: June 2, 2015 -  [H.R. 
                                2048]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Uniting and 
Strengthening America by Fulfilling Rights and Ensuring Effective 
Discipline Over Monitoring Act of 2015. 50 USC 1801 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America by Fulfilling Rights and Ensuring Effective 
Discipline Over Monitoring Act of 2015'' or the ``USA FREEDOM Act of 
2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978.

                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector General reports on business records orders.
Sec. 109. Effective date.
Sec. 110. Rule of construction.

      TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.

TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES 
                                 REFORMS

Sec. 301. Limits on use of unlawfully obtained information.

        TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.

                TITLE V--NATIONAL SECURITY LETTER REFORM

Sec. 501. Prohibition on bulk collection.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 601. Additional reporting on orders requiring production of 
           business records; business records compliance reports to 
           Congress.

[[Page 129 STAT. 269]]

Sec. 602. Annual reports by the Government.
Sec. 603. Public reporting by persons subject to FISA orders.
Sec. 604. Reporting requirements for decisions, orders, and opinions of 
           the Foreign Intelligence Surveillance Court and the Foreign 
           Intelligence Surveillance Court of Review.
Sec. 605. Submission of reports under FISA.

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

Sec. 701. Emergencies involving non-United States persons.
Sec. 702. Preservation of treatment of non-United States persons 
           traveling outside the United States as agents of foreign 
           powers.
Sec. 703. Improvement to investigations of international proliferation 
           of weapons of mass destruction.
Sec. 704. Increase in penalties for material support of foreign 
           terrorist organizations.
Sec. 705. Sunsets.

    TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM 
                       CONVENTIONS IMPLEMENTATION

                Subtitle A--Safety of Maritime Navigation

Sec. 801. Amendment to section 2280 of title 18, United States Code.
Sec. 802. New section 2280a of title 18, United States Code.
Sec. 803. Amendments to section 2281 of title 18, United States Code.
Sec. 804. New section 2281a of title 18, United States Code.
Sec. 805. Ancillary measure.

               Subtitle B--Prevention of Nuclear Terrorism

Sec. 811. New section 2332i of title 18, United States Code.
Sec. 812. Amendment to section 831 of title 18, United States Code.

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
                    1978.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                 TITLE I--FISA BUSINESS RECORDS REFORMS

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``a statement'' and inserting ``in the case of an 
                application other than an application described in 
                subparagraph (C) (including an application for the 
                production of call detail records other than in the 
                manner described in subparagraph (C)), a statement''; 
                and
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
            (2) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (D), respectively; and
            (3) by inserting after subparagraph (B) (as so redesignated) 
        the following new subparagraph:
                    ``(C) in the case of an application for the 
                production on an ongoing basis of call detail records 
                created before,

[[Page 129 STAT. 270]]

                on, or after the date of the application relating to an 
                authorized investigation (other than a threat 
                assessment) conducted in accordance with subsection 
                (a)(2) to protect against international terrorism, a 
                statement of facts showing that--
                          ``(i) there are reasonable grounds to believe 
                      that the call detail records sought to be produced 
                      based on the specific selection term required 
                      under subparagraph (A) are relevant to such 
                      investigation; and
                          ``(ii) there is a reasonable, articulable 
                      suspicion that such specific selection term is 
                      associated with a foreign power engaged in 
                      international terrorism or activities in 
                      preparation therefor, or an agent of a foreign 
                      power engaged in international terrorism or 
                      activities in preparation therefor; and''.

    (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and inserting 
        a semicolon;
            (2) in subparagraph (E), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) in the case of an application described in 
                subsection (b)(2)(C), shall--
                          ``(i) <<NOTE: Time period.>> authorize the 
                      production on a daily basis of call detail records 
                      for a period not to exceed 180 days;
                          ``(ii) provide that an order for such 
                      production may be extended upon application under 
                      subsection (b) and the judicial finding under 
                      paragraph (1) of this subsection;
                          ``(iii) provide that the Government may 
                      require the prompt production of a first set of 
                      call detail records using the specific selection 
                      term that satisfies the standard required under 
                      subsection (b)(2)(C)(ii);
                          ``(iv) provide that the Government may require 
                      the prompt production of a second set of call 
                      detail records using session-identifying 
                      information or a telephone calling card number 
                      identified by the specific selection term used to 
                      produce call detail records under clause (iii);
                          ``(v) provide that, when produced, such 
                      records be in a form that will be useful to the 
                      Government;
                          ``(vi) direct each person the Government 
                      directs to produce call detail records under the 
                      order to furnish the Government forthwith all 
                      information, facilities, or technical assistance 
                      necessary to accomplish the production in such a 
                      manner as will protect the secrecy of the 
                      production and produce a minimum of interference 
                      with the services that such person is providing to 
                      each subject of the production; and
                          ``(vii) direct the Government to--
                                    ``(I) <<NOTE: Procedures.>> adopt 
                                minimization procedures that require the 
                                prompt destruction of all call detail 
                                records produced under the order that 
                                the Government determines are not 
                                foreign intelligence information; and

[[Page 129 STAT. 271]]

                                    ``(II) destroy all call detail 
                                records produced under the order as 
                                prescribed by such procedures.''.
SEC. 102. EMERGENCY AUTHORITY.

    (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding at 
the end the following new subsection:
    ``(i) Emergency Authority for Production of Tangible Things.--
            ``(1) Notwithstanding any other provision of this section, 
        the Attorney General may require the emergency production of 
        tangible things if the Attorney General--
                    ``(A) reasonably determines that an emergency 
                situation requires the production of tangible things 
                before an order authorizing such production can with due 
                diligence be obtained;
                    ``(B) reasonably determines that the factual basis 
                for the issuance of an order under this section to 
                approve such production of tangible things exists;
                    ``(C) informs, either personally or through a 
                designee, a judge having jurisdiction under this section 
                at the time the Attorney General requires the emergency 
                production of tangible things that the decision has been 
                made to employ the authority under this subsection; and
                    ``(D) <<NOTE: Deadline.>> makes an application in 
                accordance with this section to a judge having 
                jurisdiction under this section as soon as practicable, 
                but not later than 7 days after the Attorney General 
                requires the emergency production of tangible things 
                under this subsection.
            ``(2) If the Attorney General requires the emergency 
        production of tangible things under paragraph (1), the Attorney 
        General shall require that the minimization procedures required 
        by this section for the issuance of a judicial order be 
        followed.
            ``(3) <<NOTE: Termination date.>> In the absence of a 
        judicial order approving the production of tangible things under 
        this subsection, the production shall terminate when the 
        information sought is obtained, when the application for the 
        order is denied, or after the expiration of 7 days from the time 
        the Attorney General begins requiring the emergency production 
        of such tangible things, whichever is earliest.
            ``(4) A denial of the application made under this subsection 
        may be reviewed as provided in section 103.
            ``(5) If such application for approval is denied, or in any 
        other case where the production of tangible things is terminated 
        and no order is issued approving the production, no information 
        obtained or evidence derived from such production shall be 
        received in evidence or otherwise disclosed in any trial, 
        hearing, or other proceeding in or before any court, grand jury, 
        department, office, agency, regulatory body, legislative 
        committee, or other authority of the United States, a State, or 
        a political subdivision thereof, and no information concerning 
        any United States person acquired from such production shall 
        subsequently be used or disclosed in any other manner by Federal 
        officers or employees without the consent of such person, except 
        with the approval of the Attorney General if the information 
        indicates a threat of death or serious bodily harm to any 
        person.

[[Page 129 STAT. 272]]

            ``(6) <<NOTE: Assessment.>> The Attorney General shall 
        assess compliance with the requirements of paragraph (5).''.

    (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``pursuant to an order'' and inserting 
                ``pursuant to an order issued or an emergency production 
                required'';
                    (B) in subparagraph (A), by striking ``such order'' 
                and inserting ``such order or such emergency 
                production''; and
                    (C) in subparagraph (B), by striking ``the order'' 
                and inserting ``the order or the emergency production''; 
                and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``an order'' 
                and inserting ``an order or emergency production''; and
                    (B) in subparagraph (B), by striking ``an order'' 
                and inserting ``an order or emergency production''.
SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as 
amended by section 101(a) of this Act, is further amended by inserting 
before subparagraph (B), as redesignated by such section 101(a) of this 
Act, the following new subparagraph:
                    ``(A) a specific selection term to be used as the 
                basis for the production of the tangible things 
                sought;''.

    (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (2)(A), by striking the semicolon and 
        inserting ``, including each specific selection term to be used 
        as the basis for the production;''; and
            (2) by adding at the end the following new paragraph:
            ``(3) No order issued under this subsection may authorize 
        the collection of tangible things without the use of a specific 
        selection term that meets the requirements of subsection 
        (b)(2).''.
SEC. 104. JUDICIAL REVIEW.

    (a) Minimization Procedures.--
            (1) Judicial review.--Section 501(c)(1) (50 U.S.C. 
        1861(c)(1)) is amended by inserting after ``subsections (a) and 
        (b)'' the following: ``and that the minimization procedures 
        submitted in accordance with subsection (b)(2)(D) meet the 
        definition of minimization procedures under subsection (g)''.
            (2) Rule of construction.--Section 501(g) (50 U.S.C. 
        1861(g)) is amended by adding at the end the following new 
        paragraph:
            ``(3) Rule of construction.--Nothing in this subsection 
        shall limit the authority of the court established under section 
        103(a) to impose additional, particularized minimization 
        procedures with regard to the production, retention, or 
        dissemination of nonpublicly available information concerning 
        unconsenting United States persons, including additional, 
        particularized procedures related to the destruction of 
        information within a reasonable time period.''.
            (3) Technical and conforming amendment.--Section 501(g)(1) 
        (50 U.S.C. 1861(g)(1)) is amended--
                    (A) by striking ``Not later than 180 days after the 
                date of the enactment of the USA PATRIOT Improvement

[[Page 129 STAT. 273]]

                and Reauthorization Act of 2005, the'' and inserting 
                ``The''; and
                    (B) by inserting after ``adopt'' the following: ``, 
                and update as appropriate,''.

    (b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``that order'' and inserting ``the 
                production order or any nondisclosure order imposed in 
                connection with the production order''; and
                    (B) by striking the second sentence; and
            (2) in subparagraph (C)--
                    (A) by striking clause (ii); and
                    (B) by redesignating clause (iii) as clause (ii).
SEC. 105. LIABILITY PROTECTION.

    Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
    ``(e)(1) No cause of action shall lie in any court against a person 
who--
            ``(A) produces tangible things or provides information, 
        facilities, or technical assistance in accordance with an order 
        issued or an emergency production required under this section; 
        or
            ``(B) otherwise provides technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act of 2015.

    ``(2) A production or provision of information, facilities, or 
technical assistance described in paragraph (1) shall not be deemed to 
constitute a waiver of any privilege in any other proceeding or 
context.''.
SEC. 106. COMPENSATION FOR ASSISTANCE.

    Section 501 (50 U.S.C. 1861), as amended by section 102 of this Act, 
is further amended by adding at the end the following new subsection:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for--
            ``(1) producing tangible things or providing information, 
        facilities, or assistance in accordance with an order issued 
        with respect to an application described in subsection (b)(2)(C) 
        or an emergency production under subsection (i) that, to comply 
        with subsection (i)(1)(D), requires an application described in 
        subsection (b)(2)(C); or
            ``(2) otherwise providing technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act of 2015.''.
SEC. 107. DEFINITIONS.

    Section 501 (50 U.S.C. 1861), as amended by section 106 of this Act, 
is further amended by adding at the end the following new subsection:
    ``(k) Definitions.--In this section:
            ``(1) In general.--The terms `foreign power', `agent of a 
        foreign power', `international terrorism', `foreign intelligence 
        information', `Attorney General', `United States person', 
        `United States', `person', and `State' have the meanings 
        provided those terms in section 101.
            ``(2) Address.--The term `address' means a physical address 
        or electronic address, such as an electronic mail address

[[Page 129 STAT. 274]]

        or temporarily assigned network address (including an Internet 
        protocol address).
            ``(3) Call detail record.--The term `call detail record'--
                    ``(A) means session-identifying information 
                (including an originating or terminating telephone 
                number, an International Mobile Subscriber Identity 
                number, or an International Mobile Station Equipment 
                Identity number), a telephone calling card number, or 
                the time or duration of a call; and
                    ``(B) does not include--
                          ``(i) the contents (as defined in section 
                      2510(8) of title 18, United States Code) of any 
                      communication;
                          ``(ii) the name, address, or financial 
                      information of a subscriber or customer; or
                          ``(iii) cell site location or global 
                      positioning system information.
            ``(4) Specific selection term.--
                    ``(A) Tangible things.--
                          ``(i) In general.--Except as provided in 
                      subparagraph (B), a `specific selection term'--
                                    ``(I) is a term that specifically 
                                identifies a person, account, address, 
                                or personal device, or any other 
                                specific identifier; and
                                    ``(II) is used to limit, to the 
                                greatest extent reasonably practicable, 
                                the scope of tangible things sought 
                                consistent with the purpose for seeking 
                                the tangible things.
                          ``(ii) Limitation.--A specific selection term 
                      under clause (i) does not include an identifier 
                      that does not limit, to the greatest extent 
                      reasonably practicable, the scope of tangible 
                      things sought consistent with the purpose for 
                      seeking the tangible things, such as an identifier 
                      that--
                                    ``(I) identifies an electronic 
                                communication service provider (as that 
                                term is defined in section 701) or a 
                                provider of remote computing service (as 
                                that term is defined in section 2711 of 
                                title 18, United States Code), when not 
                                used as part of a specific identifier as 
                                described in clause (i), unless the 
                                provider is itself a subject of an 
                                authorized investigation for which the 
                                specific selection term is used as the 
                                basis for the production; or
                                    ``(II) identifies a broad geographic 
                                region, including the United States, a 
                                city, a county, a State, a zip code, or 
                                an area code, when not used as part of a 
                                specific identifier as described in 
                                clause (i).
                          ``(iii) Rule of construction.--Nothing in this 
                      paragraph shall be construed to preclude the use 
                      of multiple terms or identifiers to meet the 
                      requirements of clause (i).
                    ``(B) Call detail record applications.--For purposes 
                of an application submitted under subsection (b)(2)(C), 
                the term `specific selection term' means a term that 
                specifically identifies an individual, account, or 
                personal device.''.

[[Page 129 STAT. 275]]

SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.

    Section 106A of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and calendar 
                years 2012 through 2014'' after ``2006'';
                    (B) by striking paragraphs (2) and (3);
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3) (as so redesignated)--
                          (i) by striking subparagraph (C) and inserting 
                      the following new subparagraph:
                    ``(C) with respect to calendar years 2012 through 
                2014, an examination of the minimization procedures used 
                in relation to orders under section 501 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) 
                and whether the minimization procedures adequately 
                protect the constitutional rights of United States 
                persons;''; and
                          (ii) in subparagraph (D), by striking ``(as 
                      such term is defined in section 3(4) of the 
                      National Security Act of 1947 (50 U.S.C. 
                      401a(4)))'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) <<NOTE: Time period.>> Calendar years 2012 through 
        2014.--Not later than 1 year after the date of enactment of the 
        USA FREEDOM Act of 2015, the Inspector General of the Department 
        of Justice shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives a report containing 
        the results of the audit conducted under subsection (a) for 
        calendar years 2012 through 2014.'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (4) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Intelligence Assessment.--
            ``(1) <<NOTE: Time period.>> In general.--For the period 
        beginning on January 1, 2012, and ending on December 31, 2014, 
        the Inspector General of the Intelligence Community shall 
        assess--
                    ``(A) the importance of the information acquired 
                under title V of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1861 et seq.) to the activities 
                of the intelligence community;
                    ``(B) the manner in which that information was 
                collected, retained, analyzed, and disseminated by the 
                intelligence community;
                    ``(C) the minimization procedures used by elements 
                of the intelligence community under such title and 
                whether the minimization procedures adequately protect 
                the constitutional rights of United States persons; and
                    ``(D) any minimization procedures proposed by an 
                element of the intelligence community under such title 
                that were modified or denied by the court established 
                under section 103(a) of such Act (50 U.S.C. 1803(a)).

[[Page 129 STAT. 276]]

            ``(2) Submission date for assessment.--Not later than 180 
        days after the date on which the Inspector General of the 
        Department of Justice submits the report required under 
        subsection (c)(3), the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate and the Committee 
        on the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives a report containing 
        the results of the assessment for calendar years 2012 through 
        2014.'';
            (5) in subsection (e), as redesignated by paragraph (3)--
                    (A) in paragraph (1)--
                          (i) by striking ``a report under subsection 
                      (c)(1) or (c)(2)'' and inserting ``any report 
                      under subsection (c) or (d)''; and
                          (ii) by striking ``Inspector General of the 
                      Department of Justice'' and inserting ``Inspector 
                      General of the Department of Justice, the 
                      Inspector General of the Intelligence Community, 
                      and any Inspector General of an element of the 
                      intelligence community that prepares a report to 
                      assist the Inspector General of the Department of 
                      Justice or the Inspector General of the 
                      Intelligence Community in complying with the 
                      requirements of this section''; and
                    (B) in paragraph (2), by striking ``the reports 
                submitted under subsections (c)(1) and (c)(2)'' and 
                inserting ``any report submitted under subsection (c) or 
                (d)'';
            (6) in subsection (f), as redesignated by paragraph (3)--
                    (A) by striking ``The reports submitted under 
                subsections (c)(1) and (c)(2)'' and inserting ``Each 
                report submitted under subsection (c)''; and
                    (B) by striking ``subsection (d)(2)'' and inserting 
                ``subsection (e)(2)''; and
            (7) by adding at the end the following new subsection:

    ``(g) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            ``(2) United states person.--The term `United States person' 
        has the meaning given that term in section 101 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.
SEC. 109. EFFECTIVE DATE.

    (a) <<NOTE: 50 USC 1861 note.>> In General.--The amendments made by 
sections 101 through 103 shall take effect on the date that is 180 days 
after the date of the enactment of this Act.

    (b) <<NOTE: 50 USC 1861 note.>> Rule of Construction.--Nothing in 
this Act shall be construed to alter or eliminate the authority of the 
Government to obtain an order under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) as in effect prior to 
the effective date described in subsection (a) during the period ending 
on such effective date.
SEC. 110. <<NOTE: 50 USC 1861 note.>> RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to authorize the production 
of the contents (as such term is defined in section 2510(8) of title 18, 
United States Code) of any electronic communication from an electronic 
communication service provider (as such term

[[Page 129 STAT. 277]]

is defined in section 701(b)(4) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).

      TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

SEC. 201. PROHIBITION ON BULK COLLECTION.

    (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) a specific selection term to be used as the basis for 
        the use of the pen register or trap and trace device.''.

    (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding 
at the end the following new paragraph:
            ``(4)(A) The term `specific selection term'--
                    ``(i) is a term that specifically identifies a 
                person, account, address, or personal device, or any 
                other specific identifier; and
                    ``(ii) is used to limit, to the greatest extent 
                reasonably practicable, the scope of information sought, 
                consistent with the purpose for seeking the use of the 
                pen register or trap and trace device.
            ``(B) A specific selection term under subparagraph (A) does 
        not include an identifier that does not limit, to the greatest 
        extent reasonably practicable, the scope of information sought, 
        consistent with the purpose for seeking the use of the pen 
        register or trap and trace device, such as an identifier that--
                    ``(i) identifies an electronic communication service 
                provider (as that term is defined in section 701) or a 
                provider of remote computing service (as that term is 
                defined in section 2711 of title 18, United States 
                Code), when not used as part of a specific identifier as 
                described in subparagraph (A), unless the provider is 
                itself a subject of an authorized investigation for 
                which the specific selection term is used as the basis 
                for the use; or
                    ``(ii) identifies a broad geographic region, 
                including the United States, a city, a county, a State, 
                a zip code, or an area code, when not used as part of a 
                specific identifier as described in subparagraph (A).
            ``(C) For purposes of subparagraph (A), the term `address' 
        means a physical address or electronic address, such as an 
        electronic mail address or temporarily assigned network address 
        (including an Internet protocol address).
            ``(D) Nothing in this paragraph shall be construed to 
        preclude the use of multiple terms or identifiers to meet the 
        requirements of subparagraph (A).''.
SEC. 202. PRIVACY PROCEDURES.

    (a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding 
at the end the following new subsection:
    ``(h) Privacy Procedures.--

[[Page 129 STAT. 278]]

            ``(1) In general.--The Attorney General shall ensure that 
        appropriate policies and procedures are in place to safeguard 
        nonpublicly available information concerning United States 
        persons that is collected through the use of a pen register or 
        trap and trace device installed under this 
        section. <<NOTE: Applicability.>> Such policies and procedures 
        shall, to the maximum extent practicable and consistent with the 
        need to protect national security, include privacy protections 
        that apply to the collection, retention, and use of information 
        concerning United States persons.
            ``(2) Rule of construction.--Nothing in this subsection 
        limits the authority of the court established under section 
        103(a) or of the Attorney General to impose additional privacy 
        or minimization procedures with regard to the installation or 
        use of a pen register or trap and trace device.''.

    (b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended by 
adding at the end the following new subsection:
    ``(d) Privacy Procedures.--Information collected through the use of 
a pen register or trap and trace device installed under this section 
shall be subject to the policies and procedures required under section 
402(h).''.

TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES 
                                 REFORMS

SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

    Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at 
the end the following new subparagraph:
                    ``(D) Limitation on use of information.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), if the Court orders a correction of a 
                      deficiency in a certification or procedures under 
                      subparagraph (B), no information obtained or 
                      evidence derived pursuant to the part of the 
                      certification or procedures that has been 
                      identified by the Court as deficient concerning 
                      any United States person shall be received in 
                      evidence or otherwise disclosed in any trial, 
                      hearing, or other proceeding in or before any 
                      court, grand jury, department, office, agency, 
                      regulatory body, legislative committee, or other 
                      authority of the United States, a State, or 
                      political subdivision thereof, and no information 
                      concerning any United States person acquired 
                      pursuant to such part of such certification or 
                      procedures shall subsequently be used or disclosed 
                      in any other manner by Federal officers or 
                      employees without the consent of the United States 
                      person, except with the approval of the Attorney 
                      General if the information indicates a threat of 
                      death or serious bodily harm to any person.
                          ``(ii) Exception.--If the Government corrects 
                      any deficiency identified by the order of the 
                      Court under subparagraph (B), the Court may permit 
                      the use or disclosure of information obtained 
                      before the date of the correction under such 
                      minimization procedures as the Court may approve 
                      for purposes of this clause.''.

[[Page 129 STAT. 279]]

        TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. APPOINTMENT OF AMICUS CURIAE.

    Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsections:
    ``(i) Amicus Curiae.--
            ``(1) <<NOTE: Deadline.>> Designation.--The presiding judges 
        of the courts established under subsections (a) and (b) shall, 
        not later than 180 days after the enactment of this subsection, 
        jointly designate not fewer than 5 individuals to be eligible to 
        serve as amicus curiae, who shall serve pursuant to rules the 
        presiding judges may establish. In designating such individuals, 
        the presiding judges may consider individuals recommended by any 
        source, including members of the Privacy and Civil Liberties 
        Oversight Board, the judges determine appropriate.
            ``(2) Authorization.--A court established under subsection 
        (a) or (b), consistent with the requirement of subsection (c) 
        and any other statutory requirement that the court act 
        expeditiously or within a stated time--
                    ``(A) shall appoint an individual who has been 
                designated under paragraph (1) to serve as amicus curiae 
                to assist such court in the consideration of any 
                application for an order or review that, in the opinion 
                of the court, presents a novel or significant 
                interpretation of the law, unless the court issues a 
                finding that such appointment is not appropriate; and
                    ``(B) may appoint an individual or organization to 
                serve as amicus curiae, including to provide technical 
                expertise, in any instance as such court deems 
                appropriate or, upon motion, permit an individual or 
                organization leave to file an amicus curiae brief.
            ``(3) Qualifications of amicus curiae.--
                    ``(A) Expertise.--Individuals designated under 
                paragraph (1) shall be persons who possess expertise in 
                privacy and civil liberties, intelligence collection, 
                communications technology, or any other area that may 
                lend legal or technical expertise to a court established 
                under subsection (a) or (b).
                    ``(B) Security clearance.--Individuals designated 
                pursuant to paragraph (1) shall be persons who are 
                determined to be eligible for access to classified 
                information necessary to participate in matters before 
                the courts. Amicus curiae appointed by the court 
                pursuant to paragraph (2) shall be persons who are 
                determined to be eligible for access to classified 
                information, if such access is necessary to participate 
                in the matters in which they may be appointed.
            ``(4) Duties.--If a court established under subsection (a) 
        or (b) appoints an amicus curiae under paragraph (2)(A), the 
        amicus curiae shall provide to the court, as appropriate--
                    ``(A) legal arguments that advance the protection of 
                individual privacy and civil liberties;
                    ``(B) information related to intelligence collection 
                or communications technology; or

[[Page 129 STAT. 280]]

                    ``(C) legal arguments or information regarding any 
                other area relevant to the issue presented to the court.
            ``(5) Assistance.--An amicus curiae appointed under 
        paragraph (2)(A) may request that the court designate or appoint 
        additional amici curiae pursuant to paragraph (1) or paragraph 
        (2), to be available to assist the amicus curiae.
            ``(6) Access to information.--
                    ``(A) In general.--If a court established under 
                subsection (a) or (b) appoints an amicus curiae under 
                paragraph (2), the amicus curiae--
                          ``(i) shall have access to any legal 
                      precedent, application, certification, petition, 
                      motion, or such other materials that the court 
                      determines are relevant to the duties of the 
                      amicus curiae; and
                          ``(ii) may, if the court determines that it is 
                      relevant to the duties of the amicus curiae, 
                      consult with any other individuals designated 
                      pursuant to paragraph (1) regarding information 
                      relevant to any assigned proceeding.
                    ``(B) Briefings.--The Attorney General may 
                periodically brief or provide relevant materials to 
                individuals designated pursuant to paragraph (1) 
                regarding constructions and interpretations of this Act 
                and legal, technological, and other issues related to 
                actions authorized by this Act.
                    ``(C) Classified information.--An amicus curiae 
                designated or appointed by the court may have access to 
                classified documents, information, and other materials 
                or proceedings only if that individual is eligible for 
                access to classified information and to the extent 
                consistent with the national security of the United 
                States.
                    ``(D) Rule of construction.--Nothing in this section 
                shall be construed to require the Government to provide 
                information to an amicus curiae appointed by the court 
                that is privileged from disclosure.
            ``(7) Notification.--A presiding judge of a court 
        established under subsection (a) or (b) shall notify the 
        Attorney General of each exercise of the authority to appoint an 
        individual to serve as amicus curiae under paragraph (2).
            ``(8) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a nonreimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
            ``(9) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, or other support for an individual designated 
        to serve as amicus curiae under paragraph (1) or appointed to 
        serve as amicus curiae under paragraph (2) in a manner that is 
        not inconsistent with this subsection.
            ``(10) Receipt of information.--Nothing in this subsection 
        shall limit the ability of a court established under subsection 
        (a) or (b) to request or receive information or materials from, 
        or otherwise communicate with, the Government or amicus curiae 
        appointed under paragraph (2) on an ex parte basis, nor limit 
        any special or heightened obligation in any ex parte 
        communication or proceeding.

    ``(j) <<NOTE: Certification.>> Review of FISA Court Decisions.--
Following issuance of an order under this Act, a court established under 
subsection

[[Page 129 STAT. 281]]

(a) shall certify for review to the court established under subsection 
(b) any question of law that may affect resolution of the matter in 
controversy that the court determines warrants such review because of a 
need for uniformity or because consideration by the court established 
under subsection (b) would serve the interests of justice. Upon 
certification of a question of law under this subsection, the court 
established under subsection (b) may give binding instructions or 
require the entire record to be sent up for decision of the entire 
matter in controversy.

    ``(k) Review of FISA Court of Review Decisions.--
            ``(1) Certification.--For purposes of section 1254(2) of 
        title 28, United States Code, the court of review established 
        under subsection (b) shall be considered to be a court of 
        appeals.
            ``(2) Amicus curiae briefing.--Upon certification of an 
        application under paragraph (1), the Supreme Court of the United 
        States may appoint an amicus curiae designated under subsection 
        (i)(1), or any other person, to provide briefing or other 
        assistance.''.
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS.

    (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is 
amended--
            (1) <<NOTE: 50 USC prec. 1871.>> in the heading, by striking 
        ``REPORTING REQUIREMENT'' and inserting ``OVERSIGHT''; and
            (2) by adding at the end the following new section:
``SEC. 602. <<NOTE: Consultation. Public information. 50 USC 
                        1872. Review.>> DECLASSIFICATION OF 
                        SIGNIFICANT DECISIONS, ORDERS, AND 
                        OPINIONS.

    ``(a) Declassification Required.--Subject to subsection (b), the 
Director of National Intelligence, in consultation with the Attorney 
General, shall conduct a declassification review of each decision, 
order, or opinion issued by the Foreign Intelligence Surveillance Court 
or the Foreign Intelligence Surveillance Court of Review (as defined in 
section 601(e)) that includes a significant construction or 
interpretation of any provision of law, including any novel or 
significant construction or interpretation of the term `specific 
selection term', and, consistent with that review, make publicly 
available to the greatest extent practicable each such decision, order, 
or opinion.
    ``(b) Redacted Form.--The Director of National Intelligence, in 
consultation with the Attorney General, may satisfy the requirement 
under subsection (a) to make a decision, order, or opinion described in 
such subsection publicly available to the greatest extent practicable by 
making such decision, order, or opinion publicly available in redacted 
form.
    ``(c) National Security Waiver.--The Director of National 
Intelligence, in consultation with the Attorney General, may waive the 
requirement to declassify and make publicly available a particular 
decision, order, or opinion under subsection (a), if--
            ``(1) the Director of National Intelligence, in consultation 
        with the Attorney General, determines that a waiver of such 
        requirement is necessary to protect the national security of the 
        United States or properly classified intelligence sources or 
        methods; and
            ``(2) the Director of National Intelligence makes publicly 
        available an unclassified statement prepared by the Attorney 
        General, in consultation with the Director of National 
        Intelligence--

[[Page 129 STAT. 282]]

                    ``(A) summarizing the significant construction or 
                interpretation of any provision of law, which shall 
                include, to the extent consistent with national 
                security, a description of the context in which the 
                matter arises and any significant construction or 
                interpretation of any statute, constitutional provision, 
                or other legal authority relied on by the decision; and
                    ``(B) that specifies that the statement has been 
                prepared by the Attorney General and constitutes no part 
                of the opinion of the Foreign Intelligence Surveillance 
                Court or the Foreign Intelligence Surveillance Court of 
                Review.''.

    (b) Table of Contents Amendments.--The table of contents in the 
first section is amended--
            (1) by striking the item relating to title VI and inserting 
        the following new item:

                        ``TITLE VI--OVERSIGHT'';

        and
            (2) by inserting after the item relating to section 601 the 
        following new item:

``Sec. 602. Declassification of significant decisions, orders, and 
           opinions.''.

                TITLE V--NATIONAL SECURITY LETTER REFORM

SEC. 501. PROHIBITION ON BULK COLLECTION.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709(b) of title 18, United States Code, is amended in 
the matter preceding paragraph (1) by striking ``may'' and inserting 
``may, using a term that specifically identifies a person, entity, 
telephone number, or account as the basis for a request''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114(a)(2) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the 
period and inserting ``and a term that specifically identifies a 
customer, entity, or account to be used as the basis for the production 
and disclosure of financial records.''.
    (c) Disclosures to FBI of Certain Consumer Records for 
Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u) is amended--
            (1) in subsection (a), by striking ``that information,'' and 
        inserting ``that information that includes a term that 
        specifically identifies a consumer or account to be used as the 
        basis for the production of that information,'';
            (2) in subsection (b), by striking ``written request,'' and 
        inserting ``written request that includes a term that 
        specifically identifies a consumer or account to be used as the 
        basis for the production of that information,''; and
            (3) in subsection (c), by inserting ``, which shall include 
        a term that specifically identifies a consumer or account to be 
        used as the basis for the production of the information,'' after 
        ``issue an order ex parte''.

    (d) Disclosures to Governmental Agencies for Counterterrorism 
Purposes of Consumer Reports.--Section 627(a) of

[[Page 129 STAT. 283]]

the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is amended by 
striking ``analysis.'' and inserting ``analysis and that includes a term 
that specifically identifies a consumer or account to be used as the 
basis for the production of such information.''.
SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended by 
striking subsection (c) and inserting the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                wire or electronic communication service provider that 
                receives a request under subsection (b), or officer, 
                employee, or agent thereof, shall disclose to any person 
                that the Federal Bureau of Investigation has sought or 
                obtained access to information or records under this 
                section.
                    ``(B) <<NOTE: Applicability.>> Certification.--The 
                requirements of subparagraph (A) shall apply if the 
                Director of the Federal Bureau of Investigation, or a 
                designee of the Director whose rank shall be no lower 
                than Deputy Assistant Director at Bureau headquarters or 
                a Special Agent in Charge of a Bureau field office, 
                certifies that the absence of a prohibition of 
                disclosure under this subsection may result in--
                          ``(i) a danger to the national security of the 
                      United States;
                          ``(ii) interference with a criminal, 
                      counterterrorism, or counterintelligence 
                      investigation;
                          ``(iii) interference with diplomatic 
                      relations; or
                          ``(iv) danger to the life or physical safety 
                      of any person.
            ``(2) Exception.--
                    ``(A) In general.--A wire or electronic 
                communication service provider that receives a request 
                under subsection (b), or officer, employee, or agent 
                thereof, may disclose information otherwise subject to 
                any applicable nondisclosure requirement to--
                          ``(i) those persons to whom disclosure is 
                      necessary in order to comply with the request;
                          ``(ii) an attorney in order to obtain legal 
                      advice or assistance regarding the request; or
                          ``(iii) other persons as permitted by the 
                      Director of the Federal Bureau of Investigation or 
                      the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (b) in the 
                same manner as the person to whom the request is issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                notify the person of the applicable nondisclosure 
                requirement.

[[Page 129 STAT. 284]]

                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom such 
                disclosure will be made or to whom such disclosure was 
                made prior to the request.''.

    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy Act 
of 1978 (12 U.S.C. 3414) is amended--
            (1) in subsection (a)(5), by striking subparagraph (D); and
            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                financial institution that receives a request under 
                subsection (a), or officer, employee, or agent thereof, 
                shall disclose to any person that the Federal Bureau of 
                Investigation has sought or obtained access to 
                information or records under subsection (a).
                    ``(B) <<NOTE: Applicability.>> Certification.--The 
                requirements of subparagraph (A) shall apply if the 
                Director of the Federal Bureau of Investigation, or a 
                designee of the Director whose rank shall be no lower 
                than Deputy Assistant Director at Bureau headquarters or 
                a Special Agent in Charge of a Bureau field office, 
                certifies that the absence of a prohibition of 
                disclosure under this subsection may result in--
                          ``(i) a danger to the national security of the 
                      United States;
                          ``(ii) interference with a criminal, 
                      counterterrorism, or counterintelligence 
                      investigation;
                          ``(iii) interference with diplomatic 
                      relations; or
                          ``(iv) danger to the life or physical safety 
                      of any person.
            ``(2) Exception.--
                    ``(A) In general.--A financial institution that 
                receives a request under subsection (a), or officer, 
                employee, or agent thereof, may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                          ``(i) those persons to whom disclosure is 
                      necessary in order to comply with the request;
                          ``(ii) an attorney in order to obtain legal 
                      advice or assistance regarding the request; or
                          ``(iii) other persons as permitted by the 
                      Director of the Federal Bureau of Investigation or 
                      the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (a) in the 
                same manner as the person to whom the request is issued.

[[Page 129 STAT. 285]]

                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom such 
                disclosure will be made or to whom such disclosure was 
                made prior to the request.''.

    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by 
striking subsection (d) and inserting the following new subsection:
    ``(d) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (e) is provided, no 
                consumer reporting agency that receives a request under 
                subsection (a) or (b) or an order under subsection (c), 
                or officer, employee, or agent thereof, shall disclose 
                or specify in any consumer report, that the Federal 
                Bureau of Investigation has sought or obtained access to 
                information or records under subsection (a), (b), or 
                (c).
                    ``(B) <<NOTE: Applicability.>> Certification.--The 
                requirements of subparagraph (A) shall apply if the 
                Director of the Federal Bureau of Investigation, or a 
                designee of the Director whose rank shall be no lower 
                than Deputy Assistant Director at Bureau headquarters or 
                a Special Agent in Charge of a Bureau field office, 
                certifies that the absence of a prohibition of 
                disclosure under this subsection may result in--
                          ``(i) a danger to the national security of the 
                      United States;
                          ``(ii) interference with a criminal, 
                      counterterrorism, or counterintelligence 
                      investigation;
                          ``(iii) interference with diplomatic 
                      relations; or
                          ``(iv) danger to the life or physical safety 
                      of any person.
            ``(2) Exception.--
                    ``(A) In general.--A consumer reporting agency that 
                receives a request under subsection (a) or (b) or an 
                order under subsection (c), or officer, employee, or 
                agent thereof, may disclose information otherwise 
                subject to any applicable nondisclosure requirement to--
                          ``(i) those persons to whom disclosure is 
                      necessary in order to comply with the request;
                          ``(ii) an attorney in order to obtain legal 
                      advice or assistance regarding the request; or
                          ``(iii) other persons as permitted by the 
                      Director of the Federal Bureau of Investigation or 
                      the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request under subsection (a) or (b) or an order 
                under

[[Page 129 STAT. 286]]

                subsection (c) is issued in the same manner as the 
                person to whom the request is issued.
                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the Director of the Federal Bureau of 
                Investigation or the designee of the Director, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the Director or such designee the person to whom such 
                disclosure will be made or to whom such disclosure was 
                made prior to the request.''.

    (d) Consumer Reports.--Section 627 of the Fair Credit Reporting Act 
(15 U.S.C. 1681v) is amended by striking subsection (c) and inserting 
the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (d) is provided, no 
                consumer reporting agency that receives a request under 
                subsection (a), or officer, employee, or agent thereof, 
                shall disclose or specify in any consumer report, that a 
                government agency described in subsection (a) has sought 
                or obtained access to information or records under 
                subsection (a).
                    ``(B) <<NOTE: Applicability.>> Certification.--The 
                requirements of subparagraph (A) shall apply if the head 
                of the government agency described in subsection (a), or 
                a designee, certifies that the absence of a prohibition 
                of disclosure under this subsection may result in--
                          ``(i) a danger to the national security of the 
                      United States;
                          ``(ii) interference with a criminal, 
                      counterterrorism, or counterintelligence 
                      investigation;
                          ``(iii) interference with diplomatic 
                      relations; or
                          ``(iv) danger to the life or physical safety 
                      of any person.
            ``(2) Exception.--
                    ``(A) In general.--A consumer reporting agency that 
                receives a request under subsection (a), or officer, 
                employee, or agent thereof, may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                          ``(i) those persons to whom disclosure is 
                      necessary in order to comply with the request;
                          ``(ii) an attorney in order to obtain legal 
                      advice or assistance regarding the request; or
                          ``(iii) other persons as permitted by the head 
                      of the government agency described in subsection 
                      (a) or a designee.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request under subsection (a) is issued in the 
                same manner as the person to whom the request is issued.

[[Page 129 STAT. 287]]

                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the head of the government agency 
                described in subsection (a) or a designee, any person 
                making or intending to make a disclosure under clause 
                (i) or (iii) of subparagraph (A) shall identify to the 
                head or such designee the person to whom such disclosure 
                will be made or to whom such disclosure was made prior 
                to the request.''.

    (e) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended by striking subsection (b) and inserting the 
following new subsection:
    ``(b) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under subsection (c) is provided, no 
                governmental or private entity that receives a request 
                under subsection (a), or officer, employee, or agent 
                thereof, shall disclose to any person that an authorized 
                investigative agency described in subsection (a) has 
                sought or obtained access to information under 
                subsection (a).
                    ``(B) <<NOTE: Applicability.>> Certification.--The 
                requirements of subparagraph (A) shall apply if the head 
                of an authorized investigative agency described in 
                subsection (a), or a designee, certifies that the 
                absence of a prohibition of disclosure under this 
                subsection may result in--
                          ``(i) a danger to the national security of the 
                      United States;
                          ``(ii) interference with a criminal, 
                      counterterrorism, or counterintelligence 
                      investigation;
                          ``(iii) interference with diplomatic 
                      relations; or
                          ``(iv) danger to the life or physical safety 
                      of any person.
            ``(2) Exception.--
                    ``(A) In general.--A governmental or private entity 
                that receives a request under subsection (a), or 
                officer, employee, or agent thereof, may disclose 
                information otherwise subject to any applicable 
                nondisclosure requirement to--
                          ``(i) those persons to whom disclosure is 
                      necessary in order to comply with the request;
                          ``(ii) an attorney in order to obtain legal 
                      advice or assistance regarding the request; or
                          ``(iii) other persons as permitted by the head 
                      of the authorized investigative agency described 
                      in subsection (a) or a designee.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom a request is issued under subsection (a) in the 
                same manner as the person to whom the request is issued.

[[Page 129 STAT. 288]]

                    ``(C) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
                    ``(D) Identification of disclosure recipients.--At 
                the request of the head of an authorized investigative 
                agency described in subsection (a), or a designee, any 
                person making or intending to make a disclosure under 
                clause (i) or (iii) of subparagraph (A) shall identify 
                to the head of the authorized investigative agency or 
                such designee the person to whom such disclosure will be 
                made or to whom such disclosure was made prior to the 
                request.''.

    (f) <<NOTE: 12 USC 3414 note.>> Termination Procedures.--
            (1) <<NOTE: Deadline.>> In general.--Not later than 180 days 
        after the date of enactment of this Act, the Attorney General 
        shall adopt procedures with respect to nondisclosure 
        requirements issued pursuant to section 2709 of title 18, United 
        States Code, section 626 or 627 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681u and 1681v), section 1114 of the Right to 
        Financial Privacy Act (12 U.S.C. 3414), or section 802 of the 
        National Security Act of 1947 (50 U.S.C. 3162), as amended by 
        this Act, to require--
                    (A) the review at appropriate intervals of such a 
                nondisclosure requirement to assess whether the facts 
                supporting nondisclosure continue to exist;
                    (B) the termination of such a nondisclosure 
                requirement if the facts no longer support 
                nondisclosure; and
                    (C) appropriate notice to the recipient of the 
                national security letter, or officer, employee, or agent 
                thereof, subject to the nondisclosure requirement, and 
                the applicable court as appropriate, that the 
                nondisclosure requirement has been terminated.
            (2) Reporting.--Upon adopting the procedures required under 
        paragraph (1), the Attorney General shall submit the procedures 
        to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives.

    (g) Judicial Review.--Section 3511 of title 18, United States Code, 
is amended by striking subsection (b) and inserting the following new 
subsection:
    ``(b) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a request or order 
                for a report, records, or other information under 
                section 2709 of this title, section 626 or 627 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), 
                section 1114 of the Right to Financial Privacy Act of 
                1978 (12 U.S.C. 3414), or section 802 of the National 
                Security Act of 1947 (50 U.S.C. 3162), wishes to have a 
                court review a nondisclosure requirement imposed in 
                connection with the request or order, the recipient may 
                notify the Government or file a petition for judicial 
                review in any court described in subsection (a).
                    ``(B) <<NOTE: Deadline.>> Application.--Not later 
                than 30 days after the date of receipt of a notification 
                under subparagraph (A), the Government shall apply for 
                an order prohibiting the disclosure of the existence or 
                contents of the relevant

[[Page 129 STAT. 289]]

                request or order. An application under this subparagraph 
                may be filed in the district court of the United States 
                for the judicial district in which the recipient of the 
                order is doing business or in the district court of the 
                United States for any judicial district within which the 
                authorized investigation that is the basis for the 
                request is being conducted. The applicable nondisclosure 
                requirement shall remain in effect during the pendency 
                of proceedings relating to the requirement.
                    ``(C) Consideration.--A district court of the United 
                States that receives a petition under subparagraph (A) 
                or an application under subparagraph (B) should rule 
                expeditiously, and shall, subject to paragraph (3), 
                issue a nondisclosure order that includes conditions 
                appropriate to the circumstances.
            ``(2) <<NOTE: Certification.>> Application contents.--An 
        application for a nondisclosure order or extension thereof or a 
        response to a petition filed under paragraph (1) shall include a 
        certification from the Attorney General, Deputy Attorney 
        General, an Assistant Attorney General, or the Director of the 
        Federal Bureau of Investigation, or a designee in a position not 
        lower than Deputy Assistant Director at Bureau headquarters or a 
        Special Agent in Charge in a Bureau field office designated by 
        the Director, or in the case of a request by a department, 
        agency, or instrumentality of the Federal Government other than 
        the Department of Justice, the head or deputy head of the 
        department, agency, or instrumentality, containing a statement 
        of specific facts indicating that the absence of a prohibition 
        of disclosure under this subsection may result in--
                    ``(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) Standard.--A district court of the United States shall 
        issue a nondisclosure order or extension thereof under this 
        subsection if the court determines that there is reason to 
        believe that disclosure of the information subject to the 
        nondisclosure requirement during the applicable time period may 
        result in--
                    ``(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.''.
SEC. 503. JUDICIAL REVIEW.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Judicial Review.--

[[Page 129 STAT. 290]]

            ``(1) In general.--A request under subsection (b) or a 
        nondisclosure requirement imposed in connection with such 
        request under subsection (c) shall be subject to judicial review 
        under section 3511.
            ``(2) Notice.--A request under subsection (b) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.

    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy Act 
of 1978 (12 U.S.C. 3414) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a 
        nondisclosure requirement imposed in connection with such 
        request under subsection (c) shall be subject to judicial review 
        under section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.

    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
            (1) by redesignating subsections (e) through (m) as 
        subsections (f) through (n), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection:

    ``(e) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or (b) or 
        an order under subsection (c) or a non-disclosure requirement 
        imposed in connection with such request under subsection (d) 
        shall be subject to judicial review under section 3511 of title 
        18, United States Code.
            ``(2) Notice.--A request under subsection (a) or (b) or an 
        order under subsection (c) shall include notice of the 
        availability of judicial review described in paragraph (1).''.

    (d) Identity of Financial Institutions and Credit Reports.--Section 
627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a non-
        disclosure requirement imposed in connection with such request 
        under subsection (c) shall be subject to judicial review under 
        section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.

    (e) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and

[[Page 129 STAT. 291]]

            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a 
        nondisclosure requirement imposed in connection with such 
        request under subsection (b) shall be subject to judicial review 
        under section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF 
                        BUSINESS RECORDS; BUSINESS RECORDS 
                        COMPLIANCE REPORTS TO CONGRESS.

    (a) Reports Submitted to Committees.--Section 502(b) (50 U.S.C. 
1862(b)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting before paragraph (6) (as so redesignated) 
        the following new paragraphs:
            ``(1) a summary of all compliance reviews conducted by the 
        Government for the production of tangible things under section 
        501;
            ``(2) the total number of applications described in section 
        501(b)(2)(B) made for orders approving requests for the 
        production of tangible things;
            ``(3) the total number of such orders either granted, 
        modified, or denied;
            ``(4) the total number of applications described in section 
        501(b)(2)(C) made for orders approving requests for the 
        production of call detail records;
            ``(5) the total number of such orders either granted, 
        modified, or denied;''.

    (b) Reporting on Certain Types of Production.--Section 502(c)(1) (50 
U.S.C. 1862(c)(1)) is amended--
            (1) in subparagraph (A), by striking ``and'';
            (2) in subparagraph (B), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
            ``(C) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 501 in which the specific selection term does not 
        specifically identify an individual, account, or personal 
        device;
            ``(D) the total number of orders described in subparagraph 
        (C) either granted, modified, or denied; and
            ``(E) with respect to orders described in subparagraph (D) 
        that have been granted or modified, whether the court 
        established under section 103 has directed additional, 
        particularized minimization procedures beyond those adopted 
        pursuant to section 501(g).''.

[[Page 129 STAT. 292]]

SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
section 402 of this Act, is further amended by adding at the end the 
following new section:
``SEC. 603. <<NOTE: 50 USC 1873.>> ANNUAL REPORTS.

    ``(a) Report by Director of the Administrative Office of the United 
States Courts.--
            ``(1) Report required.--The Director of the Administrative 
        Office of the United States Courts shall annually submit to the 
        Permanent Select Committee on Intelligence and the Committee on 
        the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate, subject to a declassification review by the Attorney 
        General and the Director of National Intelligence, a report that 
        includes--
                    ``(A) the number of applications or certifications 
                for orders submitted under each of sections 105, 304, 
                402, 501, 702, 703, and 704;
                    ``(B) the number of such orders granted under each 
                of those sections;
                    ``(C) the number of orders modified under each of 
                those sections;
                    ``(D) the number of applications or certifications 
                denied under each of those sections;
                    ``(E) the number of appointments of an individual to 
                serve as amicus curiae under section 103, including the 
                name of each individual appointed to serve as amicus 
                curiae; and
                    ``(F) the number of findings issued under section 
                103(i) that such appointment is not appropriate and the 
                text of any such findings.
            ``(2) <<NOTE: Public information. Web 
        posting.>> Publication.--The Director shall make the report 
        required under paragraph (1) publicly available on an Internet 
        Web site, except that the Director shall not make publicly 
        available on an Internet Web site the findings described in 
        subparagraph (F) of paragraph (1).

    ``(b) Mandatory Reporting by Director of National 
Intelligence. <<NOTE: Public information. Web posting. Time period.>> --
Except as provided in subsection (d), the Director of National 
Intelligence shall annually make publicly available on an Internet Web 
site a report that identifies, for the preceding 12-month period--
            ``(1) the total number of orders issued pursuant to titles I 
        and III and sections 703 and 704 and a good faith estimate of 
        the number of targets of such orders;
            ``(2) the total number of orders issued pursuant to section 
        702 and a good faith estimate of--
                    ``(A) the number of search terms concerning a known 
                United States person used to retrieve the unminimized 
                contents of electronic communications or wire 
                communications obtained through acquisitions authorized 
                under such section, excluding the number of search terms 
                used to prevent the return of information concerning a 
                United States person; and
                    ``(B) the number of queries concerning a known 
                United States person of unminimized noncontents 
                information

[[Page 129 STAT. 293]]

                relating to electronic communications or wire 
                communications obtained through acquisitions authorized 
                under such section, excluding the number of queries 
                containing information used to prevent the return of 
                information concerning a United States person;
            ``(3) the total number of orders issued pursuant to title IV 
        and a good faith estimate of--
                    ``(A) the number of targets of such orders; and
                    ``(B) the number of unique identifiers used to 
                communicate information collected pursuant to such 
                orders;
            ``(4) the total number of orders issued pursuant to 
        applications made under section 501(b)(2)(B) and a good faith 
        estimate of--
                    ``(A) the number of targets of such orders; and
                    ``(B) the number of unique identifiers used to 
                communicate information collected pursuant to such 
                orders;
            ``(5) the total number of orders issued pursuant to 
        applications made under section 501(b)(2)(C) and a good faith 
        estimate of--
                    ``(A) the number of targets of such orders;
                    ``(B) the number of unique identifiers used to 
                communicate information collected pursuant to such 
                orders; and
                    ``(C) the number of search terms that included 
                information concerning a United States person that were 
                used to query any database of call detail records 
                obtained through the use of such orders; and
            ``(6) the total number of national security letters issued 
        and the number of requests for information contained within such 
        national security letters.

    ``(c) <<NOTE: Public information.>> Timing.--The annual reports 
required by subsections (a) and (b) shall be made publicly available 
during April of each year and include information relating to the 
previous calendar year.

    ``(d) Exceptions.--
            ``(1) Statement of numerical range.--If a good faith 
        estimate required to be reported under subparagraph (B) of any 
        of paragraphs (3), (4), or (5) of subsection (b) is fewer than 
        500, it shall be expressed as a numerical range of `fewer than 
        500' and shall not be expressed as an individual number.
            ``(2) Nonapplicability to certain information.--
                    ``(A) Federal bureau of investigation.--Paragraphs 
                (2)(A), (2)(B), and (5)(C) of subsection (b) shall not 
                apply to information or records held by, or queries 
                conducted by, the Federal Bureau of Investigation.
                    ``(B) Electronic mail address and telephone 
                numbers.--Paragraph (3)(B) of subsection (b) shall not 
                apply to orders resulting in the acquisition of 
                information by the Federal Bureau of Investigation that 
                does not include electronic mail addresses or telephone 
                numbers.
            ``(3) Certification.--
                    ``(A) In general.--If the Director of National 
                Intelligence concludes that a good faith estimate 
                required to be reported under subsection (b)(2)(B) 
                cannot be determined accurately because some but not all 
                of the relevant elements of the intelligence community 
                are able to provide such good faith estimate, the 
                Director shall--
                          ``(i) certify that conclusion in writing to 
                      the Select Committee on Intelligence and the 
                      Committee on the

[[Page 129 STAT. 294]]

                      Judiciary of the Senate and the Permanent Select 
                      Committee on Intelligence and the Committee on the 
                      Judiciary of the House of Representatives;
                          ``(ii) report the good faith estimate for 
                      those relevant elements able to provide such good 
                      faith estimate;
                          ``(iii) explain when it is reasonably 
                      anticipated that such an estimate will be able to 
                      be determined fully and accurately; and
                          ``(iv) <<NOTE: Public information. Web 
                      posting.>> make such certification publicly 
                      available on an Internet Web site.
                    ``(B) Form.--A certification described in 
                subparagraph (A) shall be prepared in unclassified form, 
                but may contain a classified annex.
                    ``(C) Timing.--If the Director of National 
                Intelligence continues to conclude that the good faith 
                estimates described in this paragraph cannot be 
                determined accurately, the Director shall annually 
                submit a certification in accordance with this 
                paragraph.

    ``(e) Definitions.--In this section:
            ``(1) Contents.--The term `contents' has the meaning given 
        that term under section 2510 of title 18, United States Code.
            ``(2) Electronic communication.--The term `electronic 
        communication' has the meaning given that term under section 
        2510 of title 18, United States Code.
            ``(3) National security letter.--The term `national security 
        letter' means a request for a report, records, or other 
        information under--
                    ``(A) section 2709 of title 18, United States Code;
                    ``(B) section 1114(a)(5)(A) of the Right to 
                Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
                    ``(C) subsection (a) or (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u(a), 
                1681u(b)); or
                    ``(D) section 627(a) of the Fair Credit Reporting 
                Act (15 U.S.C. 1681v(a)).
            ``(4) United states person.--The term `United States person' 
        means a citizen of the United States or an alien lawfully 
        admitted for permanent residence (as defined in section 101(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1101(a))).
            ``(5) Wire communication.--The term `wire communication' has 
        the meaning given that term under section 2510 of title 18, 
        United States Code.''.

    (b) Table of Contents Amendment.--The table of contents, as amended 
by section 402 of this Act, is further amended by inserting after the 
item relating to section 602, as added by section 402 of this Act, the 
following new item:

``Sec. 603. Annual reports.''.

    (c) Public Reporting on National Security Letters.--Section 118(c) 
of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 
U.S.C. 3511 note) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``United States''; and
                    (B) in subparagraph (A), by striking ``, excluding 
                the number of requests for subscriber information'';
            (2) by redesignating paragraph (2) as paragraph (3); and

[[Page 129 STAT. 295]]

            (3) by inserting after paragraph (1) the following:
            ``(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).''.

    (d) Stored Communications.--Section 2702(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2)(B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the number of accounts from which the Department of 
        Justice has received voluntary disclosures under subsection 
        (c)(4).''.
SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
sections 402 and 602 of this Act, is further amended by adding at the 
end the following new section:
``SEC. 604. <<NOTE: 50 USC 1874.>> PUBLIC REPORTING BY PERSONS 
                        SUBJECT TO ORDERS.

    ``(a) Reporting.--A person subject to a nondisclosure requirement 
accompanying an order or directive under this Act or a national security 
letter may, with respect to such order, directive, or national security 
letter, publicly report the following information using one of the 
following structures:
            ``(1) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported in bands of 1000 starting with 0-999;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported in bands of 1000 
                starting with 0-999;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents, reported in bands 
                of 1000 starting with 0-999;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents reported in bands of 1000 starting 
                with 0-999;
                    ``(E) the number of orders received under this Act 
                for noncontents, reported in bands of 1000 starting with 
                0-999; and
                    ``(F) the number of customer selectors targeted 
                under orders under this Act for noncontents, reported in 
                bands of 1000 starting with 0-999, pursuant to--
                          ``(i) title IV;

[[Page 129 STAT. 296]]

                          ``(ii) title V with respect to applications 
                      described in section 501(b)(2)(B); and
                          ``(iii) title V with respect to applications 
                      described in section 501(b)(2)(C).
            ``(2) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported in bands of 500 starting with 0-499;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported in bands of 500 
                starting with 0-499;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents, reported in bands 
                of 500 starting with 0-499;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents, reported in bands of 500 starting 
                with 0-499;
                    ``(E) the number of orders received under this Act 
                for noncontents, reported in bands of 500 starting with 
                0-499; and
                    ``(F) the number of customer selectors targeted 
                under orders received under this Act for noncontents, 
                reported in bands of 500 starting with 0-499.
            ``(3) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply in the into separate categories 
        of--
                    ``(A) the total number of all national security 
                process received, including all national security 
                letters, and orders or directives under this Act, 
                combined, reported in bands of 250 starting with 0-249; 
                and
                    ``(B) the total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters, and orders or 
                directives under this Act, combined, reported in bands 
                of 250 starting with 0-249.
            ``(4) An annual report that aggregates the number of orders, 
        directives, and national security letters the person was 
        required to comply with into separate categories of--
                    ``(A) the total number of all national security 
                process received, including all national security 
                letters, and orders or directives under this Act, 
                combined, reported in bands of 100 starting with 0-99; 
                and
                    ``(B) the total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters, and orders or 
                directives under this Act, combined, reported in bands 
                of 100 starting with 0-99.

    ``(b) Period of Time Covered by Reports.--
            ``(1) A report described in paragraph (1) or (2) of 
        subsection (a) shall include only information--
                    ``(A) relating to national security letters for the 
                previous 180 days; and
                    ``(B) relating to authorities under this Act for the 
                180-day period of time ending on the date that is not 
                less than 180 days prior to the date of the publication 
                of such

[[Page 129 STAT. 297]]

                report, except that with respect to a platform, product, 
                or service for which a person did not previously receive 
                an order or directive (not including an enhancement to 
                or iteration of an existing publicly available platform, 
                product, or service) such report shall not include any 
                information relating to such new order or directive 
                until 540 days after the date on which such new order or 
                directive is received.
            ``(2) A report described in paragraph (3) of subsection (a) 
        shall include only information relating to the previous 180 
        days.
            ``(3) A report described in paragraph (4) of subsection (a) 
        shall include only information for the 1-year period of time 
        ending on the date that is not less than 1 year prior to the 
        date of the publication of such report.

    ``(c) Other Forms of Agreed to Publication.--Nothing in this section 
prohibits the Government and any person from jointly agreeing to the 
publication of information referred to in this subsection in a time, 
form, or manner other than as described in this section.
    ``(d) Definitions.--In this section:
            ``(1) Contents.--The term `contents' has the meaning given 
        that term under section 2510 of title 18, United States Code.
            ``(2) National security letter.--The term `national security 
        letter' has the meaning given that term under section 603.''.

    (b) Table of Contents Amendment.--The table of contents, as amended 
by sections 402 and 602 of this Act, is further amended by inserting 
after the item relating to section 603, as added by section 602 of this 
Act, the following new item:

``Sec. 604. Public reporting by persons subject to orders.''.

SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND 
                        OPINIONS OF THE FOREIGN INTELLIGENCE 
                        SURVEILLANCE COURT AND THE FOREIGN 
                        INTELLIGENCE SURVEILLANCE COURT OF REVIEW.

    Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as 
follows:
            ``(1) <<NOTE: Records.>> not later than 45 days after the 
        date on which the Foreign Intelligence Surveillance Court or the 
        Foreign Intelligence Surveillance Court of Review issues a 
        decision, order, or opinion, including any denial or 
        modification of an application under this Act, that includes 
        significant construction or interpretation of any provision of 
        law or results in a change of application of any provision of 
        this Act or a novel application of any provision of this Act, a 
        copy of such decision, order, or opinion and any pleadings, 
        applications, or memoranda of law associated with such decision, 
        order, or opinion; and''.
SEC. 605. SUBMISSION OF REPORTS UNDER FISA.

    (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 
1808(a)(1)) is amended by striking ``the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence, and the Committee on the Judiciary of the Senate,'' and 
inserting ``the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representatives

[[Page 129 STAT. 298]]

and the Select Committee on Intelligence and the Committee on the 
Judiciary of the Senate''.
    (b) Physical Searches.--The matter preceding paragraph (1) of 
section 306 (50 U.S.C. 1826) is amended--
            (1) in the first sentence, by striking ``Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate, and the 
        Committee on the Judiciary of the Senate,'' and inserting 
        ``Permanent Select Committee on Intelligence and the Committee 
        on the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate''; and
            (2) in the second sentence, by striking ``and the Committee 
        on the Judiciary of the House of Representatives''.

    (c) Pen Registers and Trap and Trace Devices.--Section 406(b) (50 
U.S.C. 1846(b)) is amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting a 
        semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) each department or agency on behalf of which the 
        Attorney General or a designated attorney for the Government has 
        made an application for an order authorizing or approving the 
        installation and use of a pen register or trap and trace device 
        under this title; and
            ``(5) for each department or agency described in paragraph 
        (4), each number described in paragraphs (1), (2), and (3).''.

    (d) Access to Certain Business Records and Other Tangible Things.--
Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent 
Select Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate'' and inserting ``Permanent Select Committee on Intelligence 
and the Committee on the Judiciary of the House of Representatives and 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate''.

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

SEC. 701. EMERGENCIES INVOLVING NON-UNITED STATES PERSONS.

    (a) In General.--Section 105 (50 U.S.C. 1805) is amended--
            (1) by redesignating subsections (f), (g), (h), and (i) as 
        subsections (g), (h), (i), and (j), respectively; and
            (2) by inserting after subsection (e) the following:

    ``(f)(1) <<NOTE: Time period.>> Notwithstanding any other provision 
of this Act, the lawfully authorized targeting of a non-United States 
person previously believed to be located outside the United States for 
the acquisition of foreign intelligence information may continue for a 
period not to exceed 72 hours from the time that the non-United States 
person is reasonably believed to be located inside the United States and 
the acquisition is subject to this title or to title III of this Act, 
provided that the head of an element of the intelligence community--

[[Page 129 STAT. 299]]

            ``(A) <<NOTE: Determination.>> reasonably determines that a 
        lapse in the targeting of such non-United States person poses a 
        threat of death or serious bodily harm to any person;
            ``(B) <<NOTE: Notification.>> promptly notifies the Attorney 
        General of a determination under subparagraph (A); and
            ``(C) requests, as soon as practicable, the employment of 
        emergency electronic surveillance under subsection (e) or the 
        employment of an emergency physical search pursuant to section 
        304(e), as warranted.

    ``(2) <<NOTE: Time period. Termination.>> The authority under this 
subsection to continue the acquisition of foreign intelligence 
information is limited to a period not to exceed 72 hours and shall 
cease upon the earlier of the following:
            ``(A) The employment of emergency electronic surveillance 
        under subsection (e) or the employment of an emergency physical 
        search pursuant to section 304(e).
            ``(B) An issuance of a court order under this title or title 
        III of this Act.
            ``(C) The Attorney General provides direction that the 
        acquisition be terminated.
            ``(D) The head of the element of the intelligence community 
        conducting the acquisition determines that a request under 
        paragraph (1)(C) is not warranted.
            ``(E) When the threat of death or serious bodily harm to any 
        person is no longer reasonably believed to exist.

    ``(3) Nonpublicly available information concerning unconsenting 
United States persons acquired under this subsection shall not be 
disseminated during the 72 hour time period under paragraph (1) unless 
necessary to investigate, reduce, or eliminate the threat of death or 
serious bodily harm to any person.
    ``(4) If the Attorney General declines to authorize the employment 
of emergency electronic surveillance under subsection (e) or the 
employment of an emergency physical search pursuant to section 304(e), 
or a court order is not obtained under this title or title III of this 
Act, information obtained during the 72 hour acquisition time period 
under paragraph (1) shall not be retained, except with the approval of 
the Attorney General if the information indicates a threat of death or 
serious bodily harm to any person.
    ``(5) <<NOTE: Applicability.>> Paragraphs (5) and (6) of subsection 
(e) shall apply to this subsection.''.

    (b) Notification of Emergency Employment of Electronic 
Surveillance.--Section 106(j) (50 U.S.C. 1806(j)) is amended by striking 
``section 105(e)'' and inserting ``subsection (e) or (f) of section 
105''.
    (c) Report to Congress.--Section 108(a)(2) (50 U.S.C. 1808(a)(2)) is 
amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) the total number of authorizations under 
                section 105(f) and the total number of subsequent 
                emergency employments of electronic surveillance under 
                section 105(e) or emergency physical searches pursuant 
                to section 301(e).''.

[[Page 129 STAT. 300]]

SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED STATES PERSONS 
                        TRAVELING OUTSIDE THE UNITED STATES AS 
                        AGENTS OF FOREIGN POWERS.

    Section 101(b)(1) <<NOTE: 50 USC 1801.>> is amended--
            (1) in subparagraph (A), by inserting before the semicolon 
        at the end the following: ``, irrespective of whether the person 
        is inside the United States''; and
            (2) in subparagraph (B)--
                    (A) by striking ``of such person's presence in the 
                United States''; and
                    (B) by striking ``such activities in the United 
                States'' and inserting ``such activities''.
SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTERNATIONAL 
                        PROLIFERATION OF WEAPONS OF MASS 
                        DESTRUCTION.

    Section 101(b)(1) is further amended by striking subparagraph (E) 
and inserting the following new subparagraph (E):
                    ``(E) engages in the international proliferation of 
                weapons of mass destruction, or activities in 
                preparation therefor, for or on behalf of a foreign 
                power, or knowingly aids or abets any person in the 
                conduct of such proliferation or activities in 
                preparation therefor, or knowingly conspires with any 
                person to engage in such proliferation or activities in 
                preparation therefor; or''.
SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUPPORT OF FOREIGN 
                        TERRORIST ORGANIZATIONS.

    Section 2339B(a)(1) of title 18, United States Code, is amended by 
striking ``15 years'' and inserting ``20 years''.
SEC. 705. SUNSETS.

    (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (50 U.S.C. 1805 note) <<NOTE: 50 USC 1805 and note, 1861-
1863.>> is amended by striking ``June 1, 2015'' and inserting ``December 
15, 2019''.

    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, 
2015'' and inserting ``December 15, 2019''.
    (c) Conforming Amendment.--Section 102(b)(1) of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 
note), <<NOTE: 50 USC 1805 and note, 1861-1863.>> as amended by 
subsection (a), is further amended by striking ``sections 501, 502, 
and'' and inserting ``title V and section''.

    TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM 
                       CONVENTIONS IMPLEMENTATION

                Subtitle A--Safety of Maritime Navigation

SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED STATES 
                        CODE.

    Section 2280 of title 18, United States Code, is amended--
            (1) in subsection (b)--

[[Page 129 STAT. 301]]

                    (A) in paragraph (1)(A)(i), by striking ``a ship 
                flying the flag of the United States'' and inserting ``a 
                vessel of the United States or a vessel subject to the 
                jurisdiction of the United States (as defined in section 
                70502 of title 46)'';
                    (B) in paragraph (1)(A)(ii), by inserting ``, 
                including the territorial seas'' after ``in the United 
                States''; and
                    (C) in paragraph (1)(A)(iii), by inserting ``, by a 
                United States corporation or legal entity,'' after ``by 
                a national of the United States'';
            (2) in subsection (c), by striking ``section 2(c)'' and 
        inserting ``section 13(c)'';
            (3) by striking subsection (d);
            (4) by striking subsection (e) and inserting after 
        subsection (c) the following:

    ``(d) Definitions.--As used in this section, section 2280a, section 
2281, and section 2281a, the term--
            ``(1) `applicable treaty' means--
                    ``(A) the Convention for the Suppression of Unlawful 
                Seizure of Aircraft, done at The Hague on 16 December 
                1970;
                    ``(B) the Convention for the Suppression of Unlawful 
                Acts against the Safety of Civil Aviation, done at 
                Montreal on 23 September 1971;
                    ``(C) the Convention on the Prevention and 
                Punishment of Crimes against Internationally Protected 
                Persons, including Diplomatic Agents, adopted by the 
                General Assembly of the United Nations on 14 December 
                1973;
                    ``(D) International Convention against the Taking of 
                Hostages, adopted by the General Assembly of the United 
                Nations on 17 December 1979;
                    ``(E) the Convention on the Physical Protection of 
                Nuclear Material, done at Vienna on 26 October 1979;
                    ``(F) the Protocol for the Suppression of Unlawful 
                Acts of Violence at Airports Serving International Civil 
                Aviation, supplementary to the Convention for the 
                Suppression of Unlawful Acts against the Safety of Civil 
                Aviation, done at Montreal on 24 February 1988;
                    ``(G) the Protocol for the Suppression of Unlawful 
                Acts against the Safety of Fixed Platforms Located on 
                the Continental Shelf, done at Rome on 10 March 1988;
                    ``(H) International Convention for the Suppression 
                of Terrorist Bombings, adopted by the General Assembly 
                of the United Nations on 15 December 1997; and
                    ``(I) International Convention for the Suppression 
                of the Financing of Terrorism, adopted by the General 
                Assembly of the United Nations on 9 December 1999;
            ``(2) `armed conflict' does not include internal 
        disturbances and tensions, such as riots, isolated and sporadic 
        acts of violence, and other acts of a similar nature;
            ``(3) `biological weapon' means--
                    ``(A) microbial or other biological agents, or 
                toxins whatever their origin or method of production, of 
                types and in quantities that have no justification for 
                prophylactic, protective, or other peaceful purposes; or

[[Page 129 STAT. 302]]

                    ``(B) weapons, equipment, or means of delivery 
                designed to use such agents or toxins for hostile 
                purposes or in armed conflict;
            ``(4) `chemical weapon' means, together or separately--
                    ``(A) toxic chemicals and their precursors, except 
                where intended for--
                          ``(i) industrial, agricultural, research, 
                      medical, pharmaceutical, or other peaceful 
                      purposes;
                          ``(ii) protective purposes, namely those 
                      purposes directly related to protection against 
                      toxic chemicals and to protection against chemical 
                      weapons;
                          ``(iii) military purposes not connected with 
                      the use of chemical weapons and not dependent on 
                      the use of the toxic properties of chemicals as a 
                      method of warfare; or
                          ``(iv) law enforcement including domestic riot 
                      control purposes,
                as long as the types and quantities are consistent with 
                such purposes;
                    ``(B) munitions and devices, specifically designed 
                to cause death or other harm through the toxic 
                properties of those toxic chemicals specified in 
                subparagraph (A), which would be released as a result of 
                the employment of such munitions and devices; and
                    ``(C) any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                and devices specified in subparagraph (B);
            ``(5) `covered ship' means a ship that is navigating or is 
        scheduled to navigate into, through or from waters beyond the 
        outer limit of the territorial sea of a single country or a 
        lateral limit of that country's territorial sea with an adjacent 
        country;
            ``(6) `explosive material' has the meaning given the term in 
        section 841(c) and includes explosive as defined in section 
        844(j) of this title;
            ``(7) `infrastructure facility' has the meaning given the 
        term in section 2332f(e)(5) of this title;
            ``(8) `international organization' has the meaning given the 
        term in section 831(f)(3) of this title;
            ``(9) `military forces of a state' means the armed forces of 
        a state which are organized, trained, and equipped under its 
        internal law for the primary purpose of national defense or 
        security, and persons acting in support of those armed forces 
        who are under their formal command, control, and responsibility;
            ``(10) `national of the United States' has the meaning 
        stated in section 101(a)(22) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22));
            ``(11) `Non-Proliferation Treaty' means the Treaty on the 
        Non-Proliferation of Nuclear Weapons, done at Washington, 
        London, and Moscow on 1 July 1968;
            ``(12) `Non-Proliferation Treaty State Party' means any 
        State Party to the Non-Proliferation Treaty, to include Taiwan, 
        which shall be considered to have the obligations under the Non-
        Proliferation Treaty of a party to that treaty other than a 
        Nuclear Weapon State Party to the Non-Proliferation Treaty;

[[Page 129 STAT. 303]]

            ``(13) `Nuclear Weapon State Party to the Non-Proliferation 
        Treaty' means a State Party to the Non-Proliferation Treaty that 
        is a nuclear-weapon State, as that term is defined in Article 
        IX(3) of the Non-Proliferation Treaty;
            ``(14) `place of public use' has the meaning given the term 
        in section 2332f(e)(6) of this title;
            ``(15) `precursor' has the meaning given the term in section 
        229F(6)(A) of this title;
            ``(16) `public transport system' has the meaning given the 
        term in section 2332f(e)(7) of this title;
            ``(17) `serious injury or damage' means--
                    ``(A) serious bodily injury,
                    ``(B) extensive destruction of a place of public 
                use, State or government facility, infrastructure 
                facility, or public transportation system, resulting in 
                major economic loss, or
                    ``(C) substantial damage to the environment, 
                including air, soil, water, fauna, or flora;
            ``(18) `ship' means a vessel of any type whatsoever not 
        permanently attached to the sea-bed, including dynamically 
        supported craft, submersibles, or any other floating craft, but 
        does not include a warship, a ship owned or operated by a 
        government when being used as a naval auxiliary or for customs 
        or police purposes, or a ship which has been withdrawn from 
        navigation or laid up;
            ``(19) `source material' has the meaning given that term in 
        the International Atomic Energy Agency Statute, done at New York 
        on 26 October 1956;
            ``(20) `special fissionable material' has the meaning given 
        that term in the International Atomic Energy Agency Statute, 
        done at New York on 26 October 1956;
            ``(21) `territorial sea of the United States' means all 
        waters extending seaward to 12 nautical miles from the baselines 
        of the United States determined in accordance with international 
        law;
            ``(22) `toxic chemical' has the meaning given the term in 
        section 229F(8)(A) of this title;
            ``(23) `transport' means to initiate, arrange or exercise 
        effective control, including decisionmaking authority, over the 
        movement of a person or item; and
            ``(24) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, and all territories and 
        possessions of the United States.''; and
            (5) by inserting after subsection (d) (as added by paragraph 
        (4) of this section) the following:

    ``(e) Exceptions.--This section shall not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state in 
        the exercise of their official duties.

    ``(f) Delivery of Suspected Offender.--The master of a covered ship 
flying the flag of the United States who has reasonable grounds to 
believe that there is on board that ship any person who has committed an 
offense under section 2280 or section 2280a may deliver such person to 
the authorities of a country that is

[[Page 129 STAT. 304]]

a party to the Convention for the Suppression of Unlawful Acts against 
the Safety of Maritime Navigation. <<NOTE: Notification.>> Before 
delivering such person to the authorities of another country, the master 
shall notify in an appropriate manner the Attorney General of the United 
States of the alleged offense and await instructions from the Attorney 
General as to what action to take. <<NOTE: Notification.>> When 
delivering the person to a country which is a state party to the 
Convention, the master shall, whenever practicable, and if possible 
before entering the territorial sea of such country, notify the 
authorities of such country of the master's intention to deliver such 
person and the reasons therefor. If the master delivers such person, the 
master shall furnish to the authorities of such country the evidence in 
the master's possession that pertains to the alleged offense.

    ``(g)(1) Civil Forfeiture.--Any real or personal property used or 
intended to be used to commit or to facilitate the commission of a 
violation of this section, the gross proceeds of such violation, and any 
real or personal property traceable to such property or proceeds, shall 
be subject to forfeiture.
    ``(2) Applicable Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of title 18, 
United States Code, relating to civil forfeitures, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in section 981(d) shall be performed by such 
officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Attorney General, or 
the Secretary of Defense.''.
SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES CODE.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding after section 2280 the following new section:
``Sec. 2280a. <<NOTE: 18 USC 2280a.>> Violence against maritime 
                    navigation and maritime transport involving 
                    weapons of mass destruction

    ``(a) Offenses.--
            ``(1) <<NOTE: Penalties.>> In general.--Subject to the 
        exceptions in subsection (c), a person who unlawfully and 
        intentionally--
                    ``(A) when the purpose of the act, by its nature or 
                context, is to intimidate a population, or to compel a 
                government or an international organization to do or to 
                abstain from doing any act--
                          ``(i) uses against or on a ship or discharges 
                      from a ship any explosive or radioactive material, 
                      biological, chemical, or nuclear weapon or other 
                      nuclear explosive device in a manner that causes 
                      or is likely to cause death to any person or 
                      serious injury or damage;
                          ``(ii) discharges from a ship oil, liquefied 
                      natural gas, or another hazardous or noxious 
                      substance that is not covered by clause (i), in 
                      such quantity or concentration that causes or is 
                      likely to cause death to any person or serious 
                      injury or damage; or
                          ``(iii) uses a ship in a manner that causes 
                      death to any person or serious injury or damage;
                    ``(B) transports on board a ship--
                          ``(i) any explosive or radioactive material, 
                      knowing that it is intended to be used to cause, 
                      or in a threat to cause, death to any person or 
                      serious injury or damage for the purpose of 
                      intimidating a population,

[[Page 129 STAT. 305]]

                      or compelling a government or an international 
                      organization to do or to abstain from doing any 
                      act;
                          ``(ii) any biological, chemical, or nuclear 
                      weapon or other nuclear explosive device, knowing 
                      it to be a biological, chemical, or nuclear weapon 
                      or other nuclear explosive device;
                          ``(iii) any source material, special 
                      fissionable material, or equipment or material 
                      especially designed or prepared for the 
                      processing, use, or production of special 
                      fissionable material, knowing that it is intended 
                      to be used in a nuclear explosive activity or in 
                      any other nuclear activity not under safeguards 
                      pursuant to an International Atomic Energy Agency 
                      comprehensive safeguards agreement, except where--
                                    ``(I) such item is transported to or 
                                from the territory of, or otherwise 
                                under the control of, a Non-
                                Proliferation Treaty State Party; and
                                    ``(II) the resulting transfer or 
                                receipt (including internal to a 
                                country) is not contrary to the 
                                obligations under the Non-Proliferation 
                                Treaty of the Non-Proliferation Treaty 
                                State Party from which, to the territory 
                                of which, or otherwise under the control 
                                of which such item is transferred;
                          ``(iv) any equipment, materials, or software 
                      or related technology that significantly 
                      contributes to the design or manufacture of a 
                      nuclear weapon or other nuclear explosive device, 
                      with the intention that it will be used for such 
                      purpose, except where--
                                    ``(I) the country to the territory 
                                of which or under the control of which 
                                such item is transferred is a Nuclear 
                                Weapon State Party to the Non-
                                Proliferation Treaty; and
                                    ``(II) the resulting transfer or 
                                receipt (including internal to a 
                                country) is not contrary to the 
                                obligations under the Non-Proliferation 
                                Treaty of a Non-Proliferation Treaty 
                                State Party from which, to the territory 
                                of which, or otherwise under the control 
                                of which such item is transferred;
                          ``(v) any equipment, materials, or software or 
                      related technology that significantly contributes 
                      to the delivery of a nuclear weapon or other 
                      nuclear explosive device, with the intention that 
                      it will be used for such purpose, except where--
                                    ``(I) such item is transported to or 
                                from the territory of, or otherwise 
                                under the control of, a Non-
                                Proliferation Treaty State Party; and
                                    ``(II) such item is intended for the 
                                delivery system of a nuclear weapon or 
                                other nuclear explosive device of a 
                                Nuclear Weapon State Party to the Non-
                                Proliferation Treaty; or
                          ``(vi) any equipment, materials, or software 
                      or related technology that significantly 
                      contributes to the design, manufacture, or 
                      delivery of a biological or chemical weapon, with 
                      the intention that it will be used for such 
                      purpose;
                    ``(C) transports another person on board a ship 
                knowing that the person has committed an act that 
                constitutes

[[Page 129 STAT. 306]]

                an offense under section 2280 or subparagraph (A), (B), 
                (D), or (E) of this section or an offense set forth in 
                an applicable treaty, as specified in section 
                2280(d)(1), and intending to assist that person to evade 
                criminal prosecution;
                    ``(D) injures or kills any person in connection with 
                the commission or the attempted commission of any of the 
                offenses set forth in subparagraphs (A) through (C), or 
                subsection (a)(2), to the extent that the subsection 
                (a)(2) offense pertains to subparagraph (A); or
                    ``(E) attempts to do any act prohibited under 
                subparagraph (A), (B) or (D), or conspires to do any act 
                prohibited by subparagraphs (A) through (E) or 
                subsection (a)(2),
        shall be fined under this title, imprisoned not more than 20 
        years, or both; and if the death of any person results from 
        conduct prohibited by this paragraph, shall be imprisoned for 
        any term of years or for life.
            ``(2) <<NOTE: Penalties.>> Threats.--A person who threatens, 
        with apparent determination and will to carry the threat into 
        execution, to do any act prohibited under paragraph (1)(A) shall 
        be fined under this title, imprisoned not more than 5 years, or 
        both.

    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                          ``(i) against or on board a vessel of the 
                      United States or a vessel subject to the 
                      jurisdiction of the United States (as defined in 
                      section 70502 of title 46) at the time the 
                      prohibited activity is committed;
                          ``(ii) in the United States, including the 
                      territorial seas; or
                          ``(iii) by a national of the United States, by 
                      a United States corporation or legal entity, or by 
                      a stateless person whose habitual residence is in 
                      the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured, or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters of 
        a country other than the United States, if the offender is later 
        found in the United States after such activity is committed; or
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.

    ``(c) Exceptions.--This section shall not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state in 
        the exercise of their official duties.

    ``(d)(1) Civil Forfeiture.--Any real or personal property used or 
intended to be used to commit or to facilitate the commission of a 
violation of this section, the gross proceeds of such violation,

[[Page 129 STAT. 307]]

and any real or personal property traceable to such property or 
proceeds, shall be subject to forfeiture.
    ``(2) Applicable Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of title 18, 
United States Code, relating to civil forfeitures, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in section 981(d) shall be performed by such 
officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Attorney General, or 
the Secretary of Defense.''.
    (b) Conforming Amendment.--The table of sections at the beginning of 
chapter 111 of title 18, United States Code, <<NOTE: 18 USC prec. 
2271.>>  is amended by adding after the item relating to section 2280 
the following new item:

``2280a. Violence against maritime navigation and maritime transport 
           involving weapons of mass destruction.''.

SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED STATES 
                        CODE.

    Section 2281 of title 18, United States Code, is amended--
            (1) in subsection (c), by striking ``section 2(c)'' and 
        inserting ``section 13(c)'';
            (2) in subsection (d), by striking the definitions of 
        ``national of the United States,'' ``territorial sea of the 
        United States,'' and ``United States''; and
            (3) by inserting after subsection (d) the following:

    ``(e) Exceptions.--This section does not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state in 
        the exercise of their official duties.''.
SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding after section 2281 the following new section:
``Sec. 2281a. <<NOTE: 18 USC 2281a.>> Additional offenses against 
                    maritime fixed platforms

    ``(a) Offenses.--
            ``(1) <<NOTE: Penalties.>> In general.--A person who 
        unlawfully and intentionally--
                    ``(A) when the purpose of the act, by its nature or 
                context, is to intimidate a population, or to compel a 
                government or an international organization to do or to 
                abstain from doing any act--
                          ``(i) uses against or on a fixed platform or 
                      discharges from a fixed platform any explosive or 
                      radioactive material, biological, chemical, or 
                      nuclear weapon in a manner that causes or is 
                      likely to cause death or serious injury or damage; 
                      or
                          ``(ii) discharges from a fixed platform oil, 
                      liquefied natural gas, or another hazardous or 
                      noxious substance that is not covered by clause 
                      (i), in such quantity or concentration that causes 
                      or is likely to cause death or serious injury or 
                      damage;

[[Page 129 STAT. 308]]

                    ``(B) injures or kills any person in connection with 
                the commission or the attempted commission of any of the 
                offenses set forth in subparagraph (A); or
                    ``(C) attempts or conspires to do anything 
                prohibited under subparagraph (A) or (B),
        shall be fined under this title, imprisoned not more than 20 
        years, or both; and if death results to any person from conduct 
        prohibited by this paragraph, shall be imprisoned for any term 
        of years or for life.
            ``(2) <<NOTE: Penalties.>> Threat to safety.--A person who 
        threatens, with apparent determination and will to carry the 
        threat into execution, to do any act prohibited under paragraph 
        (1)(A), shall be fined under this title, imprisoned not more 
        than 5 years, or both.

    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
            ``(1) such activity is committed against or on board a fixed 
        platform--
                    ``(A) that is located on the continental shelf of 
                the United States;
                    ``(B) that is located on the continental shelf of 
                another country, by a national of the United States or 
                by a stateless person whose habitual residence is in the 
                United States; or
                    ``(C) in an attempt to compel the United States to 
                do or abstain from doing any act;
            ``(2) during the commission of such activity against or on 
        board a fixed platform located on a continental shelf, a 
        national of the United States is seized, threatened, injured, or 
        killed; or
            ``(3) such activity is committed against or on board a fixed 
        platform located outside the United States and beyond the 
        continental shelf of the United States and the offender is later 
        found in the United States.

    ``(c) Exceptions.--This section does not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state in 
        the exercise of their official duties.

    ``(d) Definitions.--In this section--
            ``(1) `continental shelf' means the sea-bed and subsoil of 
        the submarine areas that extend beyond a country's territorial 
        sea to the limits provided by customary international law as 
        reflected in Article 76 of the 1982 Convention on the Law of the 
        Sea; and
            ``(2) `fixed platform' means an artificial island, 
        installation, or structure permanently attached to the sea-bed 
        for the purpose of exploration or exploitation of resources or 
        for other economic purposes.''.

    (b) Conforming Amendment.--The table of sections at the beginning of 
chapter 111 of title 18, United States Code, <<NOTE: 18 USC prec. 
2271.>> is amended by adding after the item relating to section 2281 the 
following new item:

``2281a. Additional offenses against maritime fixed platforms.''.

[[Page 129 STAT. 309]]

SEC. 805. ANCILLARY MEASURE.

    Section 2332b(g)(5)(B) of title 18, United States Code, is amended 
by inserting ``2280a (relating to maritime safety),'' before ``2281'', 
and by striking ``2281'' and inserting ``2281 through 2281a''.

               Subtitle B--Prevention of Nuclear Terrorism

SEC. 811. NEW SECTION 2332I OF TITLE 18, UNITED STATES CODE.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding after section 2332h the following:
``Sec. 2332i. <<NOTE: 18 USC 2332i.>>  Acts of nuclear terrorism

    ``(a) Offenses.--
            ``(1) In general.--Whoever knowingly and unlawfully--
                    ``(A) possesses radioactive material or makes or 
                possesses a device--
                          ``(i) with the intent to cause death or 
                      serious bodily injury; or
                          ``(ii) with the intent to cause substantial 
                      damage to property or the environment; or
                    ``(B) uses in any way radioactive material or a 
                device, or uses or damages or interferes with the 
                operation of a nuclear facility in a manner that causes 
                the release of or increases the risk of the release of 
                radioactive material, or causes radioactive 
                contamination or exposure to radiation--
                          ``(i) with the intent to cause death or 
                      serious bodily injury or with the knowledge that 
                      such act is likely to cause death or serious 
                      bodily injury;
                          ``(ii) with the intent to cause substantial 
                      damage to property or the environment or with the 
                      knowledge that such act is likely to cause 
                      substantial damage to property or the environment; 
                      or
                          ``(iii) with the intent to compel a person, an 
                      international organization or a country to do or 
                      refrain from doing an act,
                shall be punished as prescribed in subsection (c).
            ``(2) Threats.--Whoever, under circumstances in which the 
        threat may reasonably be believed, threatens to commit an 
        offense under paragraph (1) shall be punished as prescribed in 
        subsection (c). Whoever demands possession of or access to 
        radioactive material, a device or a nuclear facility by threat 
        or by use of force shall be punished as prescribed in subsection 
        (c).
            ``(3) Attempts and conspiracies.--Whoever attempts to commit 
        an offense under paragraph (1) or conspires to commit an offense 
        under paragraph (1) or (2) shall be punished as prescribed in 
        subsection (c).

    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
            ``(1) the prohibited conduct takes place in the United 
        States or the special aircraft jurisdiction of the United 
        States;
            ``(2) the prohibited conduct takes place outside of the 
        United States and--

[[Page 129 STAT. 310]]

                    ``(A) is committed by a national of the United 
                States, a United States corporation or legal entity or a 
                stateless person whose habitual residence is in the 
                United States;
                    ``(B) is committed on board a vessel of the United 
                States or a vessel subject to the jurisdiction of the 
                United States (as defined in section 70502 of title 46) 
                or on board an aircraft that is registered under United 
                States law, at the time the offense is committed; or
                    ``(C) is committed in an attempt to compel the 
                United States to do or abstain from doing any act, or 
                constitutes a threat directed at the United States;
            ``(3) the prohibited conduct takes place outside of the 
        United States and a victim or an intended victim is a national 
        of the United States or a United States corporation or legal 
        entity, or the offense is committed against any state or 
        government facility of the United States; or
            ``(4) a perpetrator of the prohibited conduct is found in 
        the United States.

    ``(c) Penalties.--Whoever violates this section shall be fined not 
more than $2,000,000 and shall be imprisoned for any term of years or 
for life.
    ``(d) Nonapplicability.--This section does not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state in 
        the exercise of their official duties.

    ``(e) Definitions.--As used in this section, the term--
            ``(1) `armed conflict' has the meaning given that term in 
        section 2332f(e)(11) of this title;
            ``(2) `device' means:
                    ``(A) any nuclear explosive device; or
                    ``(B) any radioactive material dispersal or 
                radiation-emitting device that may, owing to its 
                radiological properties, cause death, serious bodily 
                injury or substantial damage to property or the 
                environment;
            ``(3) `international organization' has the meaning given 
        that term in section 831(f)(3) of this title;
            ``(4) `military forces of a state' means the armed forces of 
        a country that are organized, trained and equipped under its 
        internal law for the primary purpose of national defense or 
        security and persons acting in support of those armed forces who 
        are under their formal command, control and responsibility;
            ``(5) `national of the United States' has the meaning given 
        that term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(6) `nuclear facility' means:
                    ``(A) any nuclear reactor, including reactors on 
                vessels, vehicles, aircraft or space objects for use as 
                an energy source in order to propel such vessels, 
                vehicles, aircraft or space objects or for any other 
                purpose;
                    ``(B) any plant or conveyance being used for the 
                production, storage, processing or transport of 
                radioactive material; or

[[Page 129 STAT. 311]]

                    ``(C) a facility (including associated buildings and 
                equipment) in which nuclear material is produced, 
                processed, used, handled, stored or disposed of, if 
                damage to or interference with such facility could lead 
                to the release of significant amounts of radiation or 
                radioactive material;
            ``(7) `nuclear material' has the meaning given that term in 
        section 831(f)(1) of this title;
            ``(8) `radioactive material' means nuclear material and 
        other radioactive substances that contain nuclides that undergo 
        spontaneous disintegration (a process accompanied by emission of 
        one or more types of ionizing radiation, such as alpha-, beta-, 
        neutron particles and gamma rays) and that may, owing to their 
        radiological or fissile properties, cause death, serious bodily 
        injury or substantial damage to property or to the environment;
            ``(9) `serious bodily injury' has the meaning given that 
        term in section 831(f)(4) of this title;
            ``(10) `state' has the same meaning as that term has under 
        international law, and includes all political subdivisions 
        thereof;
            ``(11) `state or government facility' has the meaning given 
        that term in section 2332f(e)(3) of this title;
            ``(12) `United States corporation or legal entity' means any 
        corporation or other entity organized under the laws of the 
        United States or any State, Commonwealth, territory, possession 
        or district of the United States;
            ``(13) `vessel' has the meaning given that term in section 
        1502(19) of title 33; and
            ``(14) `vessel of the United States' has the meaning given 
        that term in section 70502 of title 46.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, <<NOTE: 18 USC prec. 
2331.>>  is amended by inserting after the item relating to section 
2332h the following:

``2332i. Acts of nuclear terrorism.''.

    (c) <<NOTE: 18 USC 2332b note.>> Disclaimer.--Nothing contained in 
this section is intended to affect the applicability of any other 
Federal or State law that might pertain to the underlying conduct.

    (d) Inclusion in Definition of Federal Crimes of Terrorism.--Section 
2332b(g)(5)(B) of title 18, United States Code, is amended by inserting 
``2332i (relating to acts of nuclear terrorism),'' before ``2339 
(relating to harboring terrorists)''.
SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED STATES 
                        CODE.

    Section 831 of title 18, United States Code, is amended--
     (a) in subsection (a)--
            (1) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9);
            (2) by inserting after paragraph (2) the following:
            ``(3) without lawful authority, intentionally carries, sends 
        or moves nuclear material into or out of a country;'';
            (3) in paragraph (8), as redesignated, by striking ``an 
        offense under paragraph (1), (2), (3), or (4)'' and inserting 
        ``any act prohibited under paragraphs (1) through (5)''; and
            (4) in paragraph (9), as redesignated, by striking ``an 
        offense under paragraph (1), (2), (3), or (4)'' and inserting 
        ``any act prohibited under paragraphs (1) through (7)'';

[[Page 129 STAT. 312]]

    (b) in subsection (b)--
            (1) in paragraph (1), by striking ``(7)'' and inserting 
        ``(8)''; and
            (2) in paragraph (2), by striking ``(8)'' and inserting 
        ``(9)'';

    (c) in subsection (c)--
            (1) in subparagraph (2)(A), by adding after ``United 
        States'' the following: ``or a stateless person whose habitual 
        residence is in the United States'';
            (2) by striking paragraph (5);
            (3) in paragraph (4), by striking ``or'' at the end; and
            (4) by inserting after paragraph (4), the following:
            ``(5) the offense is committed on board a vessel of the 
        United States or a vessel subject to the jurisdiction of the 
        United States (as defined in section 70502 of title 46) or on 
        board an aircraft that is registered under United States law, at 
        the time the offense is committed;
            ``(6) the offense is committed outside the United States and 
        against any state or government facility of the United States; 
        or
            ``(7) the offense is committed in an attempt to compel the 
        United States to do or abstain from doing any act, or 
        constitutes a threat directed at the United States.'';

    (d) by redesignating subsections (d) through (f) as (e) through (g), 
respectively;
    (e) by inserting after subsection (c) the following:
    ``(d) Nonapplicability.--This section does not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state in 
        the exercise of their official duties.''; and

    (f) in subsection (g), as redesignated--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting a semicolon; and
            (3) <<NOTE: Definitions.>> by inserting after paragraph (7), 
        the following:
            ``(8) the term `armed conflict' has the meaning given that 
        term in section 2332f(e)(11) of this title;
            ``(9) the term `military forces of a state' means the armed 
        forces of a country that are organized, trained and equipped 
        under its internal law for the primary purpose of national 
        defense or security and persons acting in support of those armed 
        forces who are under their formal command, control and 
        responsibility;
            ``(10) the term `state' has the same meaning as that term 
        has under international law, and includes all political 
        subdivisions thereof;
            ``(11) the term `state or government facility' has the 
        meaning given that term in section 2332f(e)(3) of this title; 
        and

[[Page 129 STAT. 313]]

            ``(12) the term `vessel of the United States' has the 
        meaning given that term in section 70502 of title 46.''.

    Approved June 2, 2015.

LEGISLATIVE HISTORY--H.R. 2048:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-109, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 161 (2015):
            May 13, considered and passed House.
            May 31, June 1, 2, considered and passed Senate.

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