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114th Congress  }                                    {    Rept. 114-109
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                    {           Part 1

======================================================================

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

                                _______
                                

  May 8, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2048]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2048) 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, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page

Purpose and Summary..............................................     2

Background and Need for the Legislation..........................     2

Hearings.........................................................    10

Committee Consideration..........................................    10

Committee Votes..................................................    10

Committee Oversight Findings.....................................    13

New Budget Authority and Tax Expenditures........................    13

Congressional Budget Office Cost Estimate........................    13

Duplication of Federal Programs..................................    16

Disclosure of Directed Rule Makings..............................    16

Performance Goals and Objectives.................................    16

Advisory on Earmarks.............................................    16

Section-by-Section Analysis......................................    16

Changes in Existing Law Made by the Bill, as Reported............    37

Committee Jurisdiction Letters...................................   144

                          Purpose and Summary

    H.R. 2048, the ``USA FREEDOM Act of 2015,'' prohibits bulk 
collection of records under Section 215 of the USA PATRIOT Act 
(Section 501 of the Foreign Intelligence Surveillance Act 
(FISA)), under the FISA Pen Register and Trap and Trace Device 
statute, and under National Security Letter (NSL) authorities. 
The Act creates a new program for the targeted collection of 
telephone metadata, provides greater privacy and civil 
liberties protections for Americans, expands existing 
congressional oversight provisions, and creates greater 
transparency of national security programs operated pursuant to 
FISA.

                Background and Need for the Legislation

    In June 2013, Edward Snowden, a former defense contractor 
and Central Intelligence Agency (CIA) employee, released 
classified material on top-secret National Security Agency 
(NSA) data collection programs. On June 5, 2013, it was 
reported that on April 25, 2013, the Foreign Intelligence 
Surveillance Court (FISC) granted an order requested by the FBI 
pursuant to section 215 of the USA PATRIOT Act,\1\ which was 
reauthorized by Congress in 2011 and expires on June 1, 2015. 
This secondary order compelled Verizon Communications, Inc., on 
an ``ongoing, daily basis,'' to provide the NSA with ``all call 
detail records or telephony metadata'' for communications made 
via its systems, both within the United States and between the 
U.S. and other countries.\2\ ``Telephony metadata'' includes 
the numbers of both parties on a call, unique identifiers, and 
the time and duration of all calls. The order gave the 
government the authority to obtain the call detail records or 
``telephony metadata'' for a 3-month period, ending on July 19, 
2013.\3\
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    \1\50 U.S.C. Sec. 1861 (2012).
    \2\See Verizon forced to hand over telephone data--full court 
ruling, the Guardian, Jun. 5, 2013, available at http://
www.guardian.co.uk/world/interactive/2013/jun/06/verizon-telephone-
data-court-order.
    \3\Id.
---------------------------------------------------------------------------
    On March 27, 2014, President Obama announced several 
changes to the conduct of foreign intelligence activities in 
response to the unauthorized disclosure of classified 
information by Edward Snowden. The President announced changes 
that imposed both a substantive limit on the scope of NSA's 
access to telephony metadata as well as a procedural limit on 
when the NSA may access the data in the first place. The 
substantive limit restricts the results of queries of telephony 
metadata to two ``hops'' (a ``hop'' is a colloquial term for a 
connection between two telephone numbers). Prior to the 
President's speech, the program had been authorized to receive 
query results of up to three ``hops.''
    The procedural limit also requires that the FISC approve 
queries of telephony metadata on a case-by-case basis and 
before any query is conducted. Under the bulk metadata 
collection program, the NSA was permitted to query the data 
without court approval and based on one of 22 NSA officials' 
determination that there was a reasonable articulable suspicion 
(RAS) that the selector is associated with an international 
terrorist organization. As described by the President, the new 
framework requires the FISC to approve each selector for use in 
queries. Such an arrangement was not unprecedented. For several 
months in 2009, the FISC had imposed a similar judicial pre-
approval requirement after the government reported violations 
of the court-ordered privacy protections intended to prevent 
access to the metadata. This pre-approval requirement was 
subsequently lifted after the FISC was satisfied that 
sufficient changes had been made to correct the earlier 
compliance violations.
    At the same time, the President announced that the 
government should no longer store telephone metadata in bulk; 
rather, the records should remain at the telephone companies 
for the length of time such records are stored in the ordinary 
course of business. Also, the President stated that the court-
approved numbers could be used to query the data over a limited 
period of time without returning to the FISC for approval, the 
production of records would be ongoing and prospective, and the 
companies should be compelled by court order to provide 
technical assistance to ensure that the records can be queried 
and that results are transmitted to the government in a usable 
format and in a timely manner.\4\
---------------------------------------------------------------------------
    \4\Press Release, The White House, Office of the Press Secretary, 
Statement by the President on the Section 215 Bulk Metadata Program 
(Mar. 27, 2014), available at http://www.whitehouse.gov/the-press-
office/2014/03/27/statement-president-section-215-bulk-metadata-
program.
---------------------------------------------------------------------------
    In the 113th Congress, the House Judiciary Committee 
conducted aggressive oversight of these programs. In July 2013, 
the Committee held a public hearing at which testimony was 
received from officials with the Justice Department, the Office 
of the Director of National Intelligence, the NSA and the FBI 
and civil liberties groups. In September 2013, the Committee 
held a classified hearing where members were afforded the 
opportunity to further probe these programs with officials from 
DOJ, ODNI, NSA, and FBI. In February 2014, the Committee held a 
comprehensive hearing to examine the various recommendations to 
reform these programs offered by the President's Review Group 
on Intelligence and Communications Technologies and the Privacy 
and Civil Liberties Oversight Board. The Committee reported 
H.R. 3361, the USA FREEDOM Act, with unanimous support. The 
bill passed the House on May 22, 2014, by a vote of 303-121.
    Congress enacted FISA in 1978 for the purpose of 
establishing a ``statutory procedure authorizing the use of 
electronic surveillance in the United States for foreign 
intelligence purposes.''\5\ FISA provides a variety of 
authorities for the collection of foreign intelligence 
information in authorized investigations from sources inside 
the United States.
---------------------------------------------------------------------------
    \5\H.R. Rep. No. 95-1283, pt. 1, at 22 (1978).
---------------------------------------------------------------------------
    The law applied the judicial approval process to certain 
surveillance activities (almost all of which occur within the 
United States), but excluded the vast majority of overseas 
foreign intelligence surveillance activities, including most 
surveillance focused on foreign targets, from FISA's judicial 
process.\6\ Put otherwise, the FISA protections were not 
extended to foreign communications abroad because the 
government has the inherent authority to collect such 
communications without constitutional constraints.
---------------------------------------------------------------------------
    \6\Prepared Statement of Kenneth L. Weinstein on the Foreign 
Intelligence Surveillance Act before the House Permanent Select 
Committee on Intelligence on Sept. 6, 2007.
---------------------------------------------------------------------------
    FISA authorizes investigations to obtain foreign 
intelligence not concerning a U.S. person, investigations to 
protect against international terrorism, and investigations of 
clandestine intelligence activities. FISA authorities can be 
used to target both U.S. and non-U.S. persons, although there 
are limitations on the use of FISA authorities against U.S. 
persons.
    Title I of FISA governs the use of electronic surveillance 
if there is probable cause to believe that the target is a 
foreign power or agent of a foreign power and that the 
facilities or locations of the surveillance is being used, or 
about to be used, by a foreign power or agent of a foreign 
power.\7\ Title I provides, however, that no United States 
person (i.e. citizen or lawful permanent resident) may be 
considered a foreign power or agent of a foreign power based 
solely upon First Amendment protected activities.\8\ An 
application for electronic surveillance must specify proposed 
minimization procedures.
---------------------------------------------------------------------------
    \7\50 U.S.C. Sec. 1801 et seq. (2012).
    \8\Id.
---------------------------------------------------------------------------
    FISA defines electronic surveillance as:

        (1) Lthe acquisition by an electronic, mechanical, or 
        other surveillance device of the contents of any wire 
        or radio communication sent by or intended to be 
        received by a particular, known United States person 
        who is in the United States, if the contents are 
        acquired by intentionally targeting that United States 
        person, under circumstances in which a person has a 
        reasonable expectation of privacy and a warrant would 
        be required for law enforcement purposes;

        (2) Lthe acquisition by an electronic, mechanical, or 
        other surveillance device of the contents of any wire 
        communication to or from a person in the United States, 
        without the consent of any party thereto, if such 
        acquisition occurs in the United States, but does not 
        include the acquisition of those communications of 
        computer trespassers that would be permissible under 
        section 2511(2)(i) of Title 18;

        (3) Lthe intentional acquisition by an electronic, 
        mechanical, or other surveillance device of the 
        contents of any radio communication, under 
        circumstances in which a person has a reasonable 
        expectation of privacy and a warrant would be required 
        for law enforcement purposes, and if both the sender 
        and all intended recipients are located within the 
        United States; or

        (4) Lthe installation or use of an electronic, 
        mechanical, or other surveillance device in the United 
        States for monitoring to acquire information, other 
        than from a wire or radio communication, under 
        circumstances in which a person has a reasonable 
        expectation of privacy and a warrant would be required 
        for law enforcement purposes.\9\
---------------------------------------------------------------------------
    \9\50 U.S.C. Sec. 1801(f) (2012).

    The intent of paragraph (1) of the definition is clear--if 
the government intentionally targets a particular, known U.S. 
person in the United States for foreign intelligence 
surveillance purposes, it is within FISA's original scope.\10\ 
The definition also makes clear that the opposite is true--if 
the government targets someone overseas, it is outside FISA's 
scope.\11\
---------------------------------------------------------------------------
    \10\See supra note 6 at 4.
    \11\Id.
---------------------------------------------------------------------------
    Title III of FISA authorizes physical searches based upon 
probable cause similar to that for Title I electronic 
surveillance.\12\
---------------------------------------------------------------------------
    \12\50 U.S.C. Sec. 1821 et seq. (2012).
---------------------------------------------------------------------------
    Title IV of FISA authorizes the use of pen register and 
trap and trace devices based upon a certification that ``the 
information likely to be obtained is foreign intelligence 
information not concerning a United States person or is 
relevant to an ongoing investigation to protect against 
international terrorism or clandestine intelligence 
activities.''\13\
---------------------------------------------------------------------------
    \13\50 U.S.C. Sec. 1841 et seq. (2012).
---------------------------------------------------------------------------
    Title V of FISA authorizes the production of business 
records or other tangible things based upon ``a statement of 
facts showing that there are reasonable grounds to believe that 
the tangible things sought are relevant to a [foreign 
intelligence, international terrorism, or espionage 
investigation]'' and an ``enumeration of minimization 
procedures'' to be applied. These provisions also include 
recipient non-disclosure provisions, grounds for recipients to 
challenge such production or non-disclosure requirements, and 
government reporting requirements.\14\
---------------------------------------------------------------------------
    \14\50 U.S.C. Sec. 1861 et seq. (2012).
---------------------------------------------------------------------------
    Title VII of FISA authorizes the government to acquire 
foreign intelligence information from sources inside the U.S. 
to target foreign persons outside the U.S.\15\ In 1978, 
satellite or ``radio'' technologies carried almost all 
transoceanic communications. Surveillance of these 
international communications would only become ``electronic 
surveillance'' under FISA if (1) the government intentionally 
targeted a U.S. person inside the United States, or (2) all of 
the participants to the conversation were inside the United 
States.\16\ Therefore, in 1978, the government did not have to 
first acquire a FISA surveillance order to acquire the 
communications of a foreign target overseas--even if one of the 
communicants was in the United States.
---------------------------------------------------------------------------
    \15\50 U.S.C. Sec. 1881 et seq. (2012).
    \16\See supra note 6 at 4-5.
---------------------------------------------------------------------------
    FISA establishes two courts--the FISC and the U.S. Foreign 
Intelligence Surveillance Court of Review (FISCR), which are 
comprised of Federal judges to address applications for FISA 
court orders.\17\
---------------------------------------------------------------------------
    \17\50 U.S.C. Sec. 1803(a) (2012).
---------------------------------------------------------------------------
    FISA directs that the Chief Justice of the United States 
must publicly designate eleven U.S. district court judges from 
seven of the United States judicial circuits, of whom no fewer 
than three must reside within 20 miles of the District of 
Columbia. These eleven judges constitute the FISC, which has 
jurisdiction over applications for and orders approving 
electronic surveillance, physical searches, pen registers or 
trap and trace devices, or orders for production of tangible 
things anywhere within the United States under FISA.
    The Chief Justice also publicly designates three U.S. 
district court or U.S. court of appeals judges who together 
make up the FISA Court of Review.\18\ This court has 
jurisdiction to review any denial of an order under FISA. If 
the United States appeals a FISC denial of an application, the 
record from the FISC must be transmitted under seal to the 
Court of Review.
---------------------------------------------------------------------------
    \18\50 U.S.C. Sec. Sec. 1803(a), 1822(c) (2012).
---------------------------------------------------------------------------
    Section 215 of the USA PATRIOT Act expanded the scope of 
documents that could be sought under a Section 501 FISA court 
order and amended the standard required before a court order 
could be issued compelling the production of documents.
    In 1976, the Supreme Court held that an individual's bank 
account records did not fall within the protection of the 
Fourth Amendment's prohibition on unreasonable searches and 
seizures.\19\ Subsequently, Congress passed laws protecting 
various types of transactional information, but built in 
exceptions providing some access to statutorily protected 
records for counter intelligence purposes. Similar statutory 
protections were also enacted for electronic communications 
records and credit bureau records.
---------------------------------------------------------------------------
    \19\U.S. v. Miller, 425 U.S. 435 (1976).
---------------------------------------------------------------------------
    As with financial records, these later statutes also 
included exceptions for access to records relevant to 
counterintelligence investigations. These exceptions comprise 
the authority for National Security Letters (NSLs), which can 
be used to compel the production of certain types of records. 
In 1998, Congress amended FISA to provide access to certain 
records that were not available through NSLs.\20\ Specifically, 
it created a mechanism for Federal investigators to compel the 
production of records from common carriers, public 
accommodation facilities, storage facilities, and vehicle 
rental facilities.\21\ Applications for orders under this 
section had to be made by FBI agents with a rank of Assistant 
Special Agent in Charge or higher and investigations could not 
be conducted solely on the basis of activities protected by the 
First Amendment.\22\
---------------------------------------------------------------------------
    \20\Intelligence Authorization Act for FY 1999, Pub. L. 105-272, 
112 STAT. 2396, tit. VI, Sec. 602 (Oct. 20, 1998).
    \21\Id.
    \22\Id.
---------------------------------------------------------------------------
    Under these procedures the FISC would issue an order if the 
application contained ``specific and articulable facts giving 
reason to believe that the person to whom the records pertain 
is a foreign power or an agent of a foreign power.''\23\ 
Recipients of an order under this section were required to 
comply with it, and were also prohibited from disclosing to 
others that an order had been issued.\24\
---------------------------------------------------------------------------
    \23\Id.
    \24\Id.
---------------------------------------------------------------------------
    In 2001, Section 215 of the USA PATRIOT Act made several 
changes to the procedures under FISA for obtaining business 
records.\25\ Among these was an expansion of the scope of 
records that were subject to compulsory production. Prior to 
enactment of the USA PATRIOT Act, only records from four 
explicit categories of businesses could be obtained. Section 
215 expanded business records to ``any tangible things.''\26\
---------------------------------------------------------------------------
    \25\P.L. 107-56, Sec. 215 codified at 50 U.S.C. Sec. 1862(a)-(b) 
(2012).
    \26\Id., codified at 50 U.S.C. Sec. 1861(a)(1) (2012).
---------------------------------------------------------------------------
    In response to concerns that this expanded scope might have 
a chilling effect on rights protected by the First, Second, and 
Fourth Amendments, the USA PATRIOT Improvement and 
Reauthorization Act of 2005 created additional protections for 
certain ``tangible things.'' Under this amendment, if the 
records sought were ``library circulation records, library 
patron lists, book sales records, book customer lists, firearms 
sales records, tax return records, educational records, or 
medical records containing information that would identify a 
person,'' the application has to be approved by one of three 
high-ranking FBI officers.\27\
---------------------------------------------------------------------------
    \27\Applications for these records could be made only by the 
Director of the Federal Bureau of Investigation, the Deputy Director of 
the Federal Bureau of Investigation, or the Executive Assistant 
Director for National Security. This authority cannot be further 
delegated. See 50 U.S.C. Sec. 1861(a)(3) (2012).
---------------------------------------------------------------------------
    Section 215 of the USA PATRIOT ACT also modified the 
standard that had to be met before an order compelling 
production of documents could issue from the FISC. Prior to 
enactment of Section 215, an applicant had to have ``specific 
and articulable facts giving reason to believe that the person 
to whom the records pertain is a foreign power or an agent of a 
foreign power.''\28\ In contrast, under Section 215, the 
applicant only needed to ``specify that the records concerned 
[were] sought for a [foreign intelligence investigation.]''\29\
---------------------------------------------------------------------------
    \28\See supra note 20.
    \29\P.L. 107-56, Sec. 215, codified at 50 U.S.C. Sec. 1861(b)(2) 
(2012).
---------------------------------------------------------------------------
    As part of the 2005 reauthorization, Congress further 
amended FISA procedures for obtaining business records. The 
applicable standard was again changed to require ``a statement 
of facts showing that there are reasonable grounds to believe 
that the tangible things sought are relevant to a [foreign 
intelligence investigation.]''\30\ Records are presumptively 
relevant if they pertain to:
---------------------------------------------------------------------------
    \30\P.L. 109-177, Sec. 106(b) (effective Mar. 9, 2006).

         La foreign power or an agent of a foreign 
---------------------------------------------------------------------------
        power;

         Lthe activities of a suspected agent of a 
        foreign power who is the subject of such authorized 
        investigation; or

         Lan individual in contact with, or known to, a 
        suspected agent of a foreign power who is the subject 
        of such authorized investigation;

    Orders issued under Section 215 are accompanied by 
nondisclosure orders prohibiting the recipients from disclosing 
that the FBI has sought or obtained any tangible things 
pursuant to a FISA order. However, the recipient may discuss 
the order with other persons as necessary to comply with the 
order, with an attorney to obtain legal advice or assistance, 
or with other persons as permitted by the FBI.\31\ The 
recipient must identify persons to whom disclosure has been 
made, or is intended to be made, if the FBI requests, except 
that attorneys with whom the recipient has consulted do not 
need to be identified.\32\
---------------------------------------------------------------------------
    \31\Id., codified at 50 U.S.C. Sec. 1861(d)(1) (2012).
    \32\Id., codified at 50 U.S.C. Sec. 1861(d)(2)(C) (2012).
---------------------------------------------------------------------------
    The 2005 reauthorization also provided procedures for 
recipients of Section 215 orders to challenge the judicial 
review of orders compelling the production of business 
records.\33\ Once a petition for review is submitted by a 
recipient, a FISC judge must determine whether the petition is 
frivolous within 72 hours.\34\ If the petition is frivolous, it 
must be denied and the order affirmed.\35\ Otherwise the order 
may be modified or set aside if it does not meet the 
requirements of FISA or is otherwise unlawful.\36\ Appeals by 
either party may be heard by the Foreign Intelligence Court of 
Review and the Supreme Court.\37\
---------------------------------------------------------------------------
    \33\Id., codified at 50 U.S.C. Sec. 1861(f)(2)(A)(i) (2012).
    \34\Id., codified at 50 U.S.C. Sec. 1861(f)(2)(A)(ii) (2012).
    \35\Id.
    \36\P.L. 109-177, Sec. 106(b), codified at 50 U.S.C. 
Sec. 1861(f)(2)(B) (2012).
    \37\Id., codified at 50 U.S.C. Sec. 1861(f)(3) (2012).
---------------------------------------------------------------------------
    The June 2013 Snowden leaks revealed the existence of a 
program operated by the NSA under Section 215 of the PATRIOT 
Act (Section 501 of FISA). The program was initiated in 2001, 
brought under the supervision of the FISC in 2006, and entailed 
the ongoing, daily collection of bulk telephony metadata from 
certain U.S. telecommunications carriers.
    Telephony metadata includes communications routing 
information, including session identifying information (e.g., 
originating and terminating telephone number, International 
Mobile station Equipment Identity (IMEI) number, International 
Mobile Subscriber Identity (IMSI) number, etc.), trunk 
identifier, telephone calling card numbers, and time and 
duration of a call.\38\
---------------------------------------------------------------------------
    \38\In re Application of the Federal Bureau of Investigation for an 
Order Requiring the Production of Tangible Things, Doc. No. BR 13-109 
(FISC Aug. 22, 2013).
---------------------------------------------------------------------------
    The FISC approved this type of collection relying on the 
Section 215 standard. The court noted in its August 2013 order 
that ``[a]s an initial matter and as a point of clarification, 
the government's burden under Section 215 is not to prove that 
the records sought are, in fact, relevant to an authorized 
investigation. The explicit terms of the statute require `a 
statement of facts showing that there are reasonable grounds to 
believe that the tangible things sought are relevant. . 
.'''\39\ The court adopted an interpretation of this standard 
from the government's initial application and accompanying 
memorandum of law that ``[i]nformation is `relevant' to an 
authorized international terrorism investigation if it bears 
upon, or is pertinent to, that investigation.''\40\
---------------------------------------------------------------------------
    \39\Id at 18. (emphasis in original).
    \40\Id.
---------------------------------------------------------------------------
    In support of an interpretation of the Section 215 
standard, the government argued--and the FISC agreed--that 
``[a]nalysts know that the terrorists' communications are 
located somewhere in the metadata produced under this 
authority, but cannot know where until the data is aggregated 
and then accessed by their analytic tools under limited and 
controlled queries . . . [a]ll of the metadata collected is 
thus relevant, because the success of this investigative tool 
depends on bulk collection.''\41\ The FISC concluded that 
``[t]he fact that international terrorist operatives are using 
telephone communications, and that it is necessary to obtain 
the bulk collection of a telephone company's metadata to 
determine those connections between known and unknown 
international terrorist operatives as part of authorized 
investigations, is sufficient to meet the low statutory hurdle 
set out in Section 215 to obtain a production of records.''\42\
---------------------------------------------------------------------------
    \41\Id. at 21.
    \42\Id. at 22-23.
---------------------------------------------------------------------------
    On May 7, 2015, the U.S. Court of Appeals for the Second 
Circuit issued a decision in ACLU v. Clapper,\43\ holding that 
Section 215 ``and the statutory scheme to which it relates do 
not preclude judicial review, and the bulk telephone metadata 
program is not authorized by Section 215.''\44\ Specifically, 
the court declined to read the ``relevance'' standard of 
Section 215 as authorizing the broad-sweeping, nationwide 
collection of telephone metadata that is then queried by the 
NSA in authorized international terrorism investigations. The 
court stated that
---------------------------------------------------------------------------
    \43\Case No. 14-42-cv (2d Cir. May 7, 2015).
    \44\Id. at 2.

        The records demanded are all-encompassing; the 
        government does not even suggest that all of the 
        records sought, or even necessarily any of them, are 
        relevant to any specific defined inquiry. Rather, the 
        parties ask the Court to decide whether Sec. 215 
        authorizes the ``creation of a historical repository of 
        information that bulk aggregation of the metadata 
        allows'' because bulk collection to create such a 
        repository is ``necessary to the application of certain 
        analytic techniques.'' That is not the language in 
---------------------------------------------------------------------------
        which grand jury subpoenas are traditionally discussed.

        Thus, the government takes the position that the 
        metadata collected--a vast amount of which does not 
        contain directly ``relevant'' information, as the 
        government concedes--are nevertheless ``relevant'' 
        because they may allow the NSA, at some unknown time in 
        the future, utilizing its ability to sift through the 
        trove of irrelevant data it has collected up to that 
        point, to identify information that is relevant. We 
        agree with appellants that such an expansive concept of 
        ``relevance'' is unprecedented and unwarranted.\45\
---------------------------------------------------------------------------
    \45\Id. at 58-59 (internal citations omitted).

---------------------------------------------------------------------------
    The court noted, however, that

        [W]e are not unmindful that a full debate by Congress 
        of the appropriateness of a program such as that now 
        operated by the government may result in the approval 
        of a program with greater safeguards for privacy, or 
        with other limitations, that are not now in place and 
        that could alter or even moot the issues presented by 
        appellants. In the last Congress, for example, a bill 
        to authorize a modified version of the telephone 
        metadata program, supported by the Administration, 
        passed the House of Representatives; a similar bill 
        failed in the Senate after a majority of senators--but 
        not the required 60 to cut off debate--sought to bring 
        the bill to a vote. As noted above, more recently, on 
        April 30, 2015, a modified version of the USA FREEDOM 
        Act, which would limit the bulk metadata program in 
        various ways, was passed by the House Judiciary 
        Committee and a vote in that Chamber is expected later 
        this month. An identical bill has been introduced in 
        the Senate and referred to the Senate Judiciary 
        Committee.\46\
---------------------------------------------------------------------------
    \46\Id. at 92-93 (internal citations omitted).

    Although the Second Circuit reversed the district court's 
grant of the government's motion to dismiss, the court declined 
to issue a preliminary injunction against the bulk telephone 
---------------------------------------------------------------------------
metadata program.

        We note that at the present time, Sec. 215 is scheduled 
        to expire in just several weeks. The government 
        vigorously contends that the program is necessary for 
        maintaining national security, which of course is a 
        public interest of the highest order. Allowing the 
        program to remain in place for a few weeks while 
        Congress decides whether and under what conditions it 
        should continue is a lesser intrusion on appellants' 
        privacy than they faced at the time this litigation 
        began. In light of the asserted national security 
        interests at stake, we deem it prudent to pause to 
        allow an opportunity for debate in Congress that may 
        (or may not) profoundly alter the legal landscape.\47\
---------------------------------------------------------------------------
    \47\Id. at 95.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
2048.

                        Committee Consideration

    On April 30, 2015, the Committee met in open session and 
ordered the bill H.R. 2048 favorably reported without 
amendment, by a rollcall vote of 25 to 2, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2048.
    1. Amendment #1, offered by Mr. King. This amendment allows 
the head of an element of the intelligence community to enter 
into a voluntary agreement with a person to compensate such 
person for retaining call detail records for a period of time. 
This amendment was defeated by a rollcall vote of 4 to 24.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................              X
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Chaffetz (UT)..............................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................
Ms. Walters (CA)...............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Mr. Trott (MI).................................              X
Mr. Bishop (MI)................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................
Mr. Pierluisi (PR).............................
Ms. Chu (CA)...................................
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................              X
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................              X
Mr. Jeffries (NY)..............................              X
Mr. Cicilline (RI).............................              X
Mr. Peters (CA)................................              X
                                                ------------------------
    Total......................................      4      24
------------------------------------------------------------------------

    2.  Amendment #2, offered by Mr. Poe, Ms. Lofgren, Mr. 
Jordan, Ms. DelBene, Mr. Labrador, and Mr. Jeffries. This 
amendment prohibits searching a database containing information 
collected under Section 702 of FISA using a U.S. Person Search 
Query except with a showing of FISA probable cause, in an 
emergency, or with such U.S. Person's consent. This amendment 
also prohibits a Federal Agency from mandating or requesting a 
``backdoor'' into commercial products that can be used for 
surveillance. This amendment was defeated by a rollcall vote of 
9 to 24.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. Forbes (VA)................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................      X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................
Ms. Walters (CA)...............................              X
Mr. Buck (CO)..................................      X
Mr. Ratcliffe (TX).............................              X
Mr. Trott (MI).................................              X
Mr. Bishop (MI)................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................
Mr. Pierluisi (PR).............................
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................              X
Mr. Richmond (LA)..............................              X
Ms. DelBene (WA)...............................      X
Mr. Jeffries (NY)..............................      X
Mr. Cicilline (RI).............................      X
Mr. Peters (CA)................................              X
                                                ------------------------
    Total......................................      9      24
------------------------------------------------------------------------

    3. Motion to report H.R. 2048 favorably to the House. The 
motion was agreed to by a vote of 25 to 2.

                             ROLLCALL NO. 3
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................      X
Mr. King (IA)..................................
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................      X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Ms. Walters (CA)...............................      X
Mr. Buck (CO)..................................
Mr. Ratcliffe (TX).............................      X
Mr. Trott (MI).................................      X
Mr. Bishop (MI)................................      X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................
Mr. Pierluisi (PR).............................
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................      X
Ms. DelBene (WA)...............................      X
Mr. Jeffries (NY)..............................      X
Mr. Cicilline (RI).............................      X
Mr. Peters (CA)................................      X
                                                ------------------------
    Total......................................     25       2
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2048, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 8, 2015.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2048, the ``USA 
FREEDOM Act of 2015.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2840.
            Sincerely,
                                                Keith Hall,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member




                  H.R. 2048--USA FREEDOM Act of 2015.

      As ordered reported by the House Committee on the Judiciary 
                           on April 30, 2015.




    H.R. 2048 would make several amendments to the 
investigative and surveillance authorities of the United States 
government, and would specify the conditions under which the 
Federal Government may conduct certain types of surveillance. 
CBO does not provide estimates for the cost of classified 
programs; therefore, this estimate addresses only the 
unclassified aspects of the bill. Under that limitation, CBO 
estimates that implementing H.R. 2048 would cost $15 million 
over the 2016-2020 period, subject to the appropriation of the 
necessary amounts.
    Enacting H.R. 2048 also could affect direct spending and 
revenues; therefore, pay-as-you-go procedures apply. The bill 
could result in the collection of additional criminal penalties 
because it would extend the authority of the government to 
conduct surveillance in certain instances for four years and 
would establish new crimes relating to certain acts of 
terrorism. Such penalties are recorded as revenues, deposited 
in the Crime Victims Fund, and later spent. CBO anticipates 
that any additional amounts collected under the bill would be 
minimal and the net impact on the deficit of any additional 
collections and spending would be insignificant.
Effects on the Federal Budget
    The bill would amend the Foreign Intelligence Surveillance 
Act (FISA). Those amendments would affect the operations of the 
Foreign Intelligence Surveillance Court (FISC) and the 
Judiciary. First, H.R. 2048 would require the FISC to designate 
at least five amici curiae, or ``friends of the court,'' to 
assist the court when the government makes an application under 
FISA that presents a novel or significant interpretation of 
FISA. Second, the bill would limit the collection of telephone 
call records, thereby requiring the intelligence agencies--
acting through the Department of Justice--to seek additional 
warrants from the FISC to access such data. Finally, the bill 
would require an annual report by the Director of the 
Administrative Office of the U.S. Courts (AOUSC) that includes 
data on certain types of FISA orders. Based on information from 
the AOUSC, CBO estimates that implementing those requirements 
would cost $5 million over the 2016-2020 period, assuming 
appropriation of the necessary amounts.
    In addition, the bill would require Federal agencies to 
conduct several program assessments and reviews, and would 
establish new reporting requirements. Section 108 would require 
the Inspectors General of the Justice Department and the 
Intelligence Community to assess the effectiveness of the 
surveillance programs affected by the bill; section 402 would 
require the Director of National Intelligence to conduct 
declassification reviews of certain court decisions, orders, 
and opinions related to FISA. CBO estimates that fulfilling 
those requirements would cost $10 million over the 2016-2020 
period, assuming appropriation of the necessary amounts.
Intergovernmental and Private-Sector Mandates
    H.R. 2048 would impose two mandates, as defined in the 
Unfunded Mandates Reform Act (UMRA), on both private and 
intergovernmental entities. The bill would expand liability 
protections and limit the ability of plaintiffs to sue in cases 
where a defendant provides information to the Federal 
Government pursuant to a FISA order. It also would require 
entities, when compelled to provide information about telephone 
calls to Federal officials, to protect the secrecy of the 
records and to minimize any disruption of services.
    CBO estimates that the costs of those mandates would be 
small. The change in expanded liability protection is a slight 
modification to current law, and CBO estimates that the 
elimination of any legal right of action for future plaintiffs 
would affect a limited number of potential lawsuits. 
Information from the Department of Justice indicates that 
public entities receive few requests for call records, and the 
costs to those entities of providing that information are 
negligible. In addition, since public and private entities 
already take action to protect private information in complying 
with requests from the government, the incremental cost to 
those entities would be insignificant. Further, public and 
private entities would be compensated by the Federal Government 
at the prevailing rate for the services they would be required 
to provide. Consequently, CBO estimates that the total costs to 
public and private entities of all the mandates in the bill 
would fall below the intergovernmental and private-sector 
thresholds established in UMRA ($77 million and $154 million in 
2015, respectively, adjusted annually for inflation).
    Section 4 of UMRA excludes from the application of that act 
any legislative provisions that are necessary for the 
ratification or implementation of international treaty 
obligations. CBO has determined that Title VIII of the bill 
fits within that exclusion, because that title would implement 
the obligations of various treaties for maritime and nuclear 
activities to which the U.S. is a party.
Staff Contacts
    The CBO staff contacts for this estimate are Mark 
Grabowicz, Marin Burnett, and Bill Ma (for Federal costs), 
J'nell L. Blanco (for the intergovernmental effects), and Logan 
Smith (for the private-sector effects). This estimate was 
approved by Theresa Gullo, Assistant Director for Budget 
Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 2048 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    No provision of H.R. 2048 directs a specific rule making 
within the meaning of 5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2048, the USA FREEDOM Act, reforms Section 215 of the USA 
PATRIOT Act (Section 501 of FISA), clarifies several other 
national security authorities, expands existing oversight 
provisions, and creates greater transparency of national 
security programs operated pursuant to FISA.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2048 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
Sec. 1--Short title; table of contents.
    This section provides that the short title of the bill is 
the ``Uniting and Strengthening America by Fulfilling Rights 
and Ensuring Effective Discipline Over Monitoring Act of 2015'' 
or the ``USA FREEDOM Act of 2015.'' This section also provides 
a table of contents for the bill.
Sec. 2--Amendments to the Foreign Intelligence Surveillance Act of 
        1978.
    This section provides that a reference to an amendment to 
or repeal of this Act is considered to be a reference to the 
Foreign Intelligence Surveillance Act of 1978 (FISA), except as 
otherwise provided.

                 Title I--FISA Business Record Reforms

Sec. 101--Additional requirements for call detail records.
    On January 17, 2014, President Obama announced reforms to 
the collection of signals intelligence by the Federal 
Government\48\ and issued Presidential Policy Directive (PPD) 
28. The President directed that the queries of telephone 
metadata collected by the National Security Agency (NSA) under 
Section 501 of FISA must first be approved by a judge with the 
Foreign Intelligence Surveillance Court (FISC) and such queries 
would be limited to two ``hops.''\49\
---------------------------------------------------------------------------
    \48\Remarks by the President on Review of Signals Intelligence 
(Jan. 17, 2014), available 
at https://www.whitehouse.gov/the-press-office/2014/01/17/remarks-
president-review-signals-
intelligence.
    \49\Id.
---------------------------------------------------------------------------
    This section relies on these reforms to establish a new, 
narrowly-tailored mechanism for the targeted collection of 
telephone metadata for possible connections between foreign 
powers or agents of foreign powers and others as part of an 
authorized investigation to protect against international 
terrorism. This new mechanism is the only circumstance in which 
Congress contemplates the prospective, ongoing use of Section 
501 of FISA in this manner.
    Under this section, if the government can demonstrate a 
reasonable, articulable suspicion that a specific selection 
term is associated with a foreign power or an agent of a 
foreign power engaged in international terrorism or activities 
in preparation therefor, the FISC may issue an order for the 
ongoing, daily production of call detail records held by 
telephone companies. The prospective collection of call detail 
records is limited to 180 days.
    The government may require the production of up to two 
``hops''--i.e., the call detail records associated with the 
initial seed telephone number and call detail records (CDRs) 
associated with the CDRs identified in an initial ``hop.'' 
Subparagraph (F)(iii) provides that the government can obtain 
the first set of CDRs using the specific selection term 
approved by the FISC. In addition, the government can use the 
FISC-approved specific selection term to identify CDRs from 
metadata it already lawfully possesses. Together, the CDRs 
produced by the phone companies and those identified 
independently by the government constitute the first ``hop.'' 
Under subparagraph (F)(iv), the government can then present 
session identifying information or calling card numbers (which 
are components of a CDR, as defined in section 107) identified 
in the first ``hop'' CDRs to phone companies to serve as the 
basis for companies to return the second ``hop'' of CDRs. As 
with the first ``hop,'' a second ``hop'' cannot be based on, 
nor return, cell site or GPS location information. It also does 
not include an individual listed in a telephone contact list, 
or on a personal device that uses the same wireless router as 
the seed, or that has similar calling patterns as the seed. Nor 
does it exist merely because a personal device has been in the 
proximity of another personal device. These types of 
information are not maintained by telecommunications carriers 
in the normal course of business and, regardless, are 
prohibited under the definition of ``call detail records.''
    ``Call detail records'' include ``session identifying 
information (including originating or terminating telephone 
number, International Mobile Subscriber Identity number, or 
International Mobile Station Equipment Identity number), a 
telephone calling card number, or the time or duration of a 
call.'' The Act explicitly excludes from that term the contents 
of any communication; the name, address, or financial 
information of a subscriber or customer; and cell site location 
or GPS information, and the Act should not be construed to 
permit the government to obtain any of this type of information 
through either of the two ``hops.''
    This new authority--designed to allow the government to 
search telephone metadata for possible connections to 
international terrorism--does not preclude the government's use 
of standard business records orders under Section 501 to compel 
the production of business records, including call detail 
records.
    This section does not require any private entity to retain 
any record or information other than in the ordinary course of 
business. However, nothing in current law or this Act prohibits 
the government and telecommunications providers from agreeing 
voluntarily to retain records for periods longer than required 
for their business purposes.
    This section requires the government to adopt minimization 
procedures that require the prompt destruction of call detail 
records that are not foreign intelligence information.
Sec. 102--Emergency authority.
    This section creates a new emergency authority in Section 
501 for both standard business records orders under Section 
501(b)(2)(B) and the new call detail records orders under 
Section 501(b)(2)(C). The Attorney General may authorize the 
emergency production of tangible things, provided that an 
application for an order under Section 501 is presented to the 
court within 7 days. If the court denies an emergency 
application, the government may not use any of the information 
obtained under the emergency authority except in instances of a 
threat of death or serious bodily harm.
Sec. 103. Prohibition on bulk collection of tangible things
    This section requires that each application for the 
production of tangible things include ``a specific selection 
term to be used as the basis for the production.'' In so doing, 
the Act makes clear that the government may not engage in 
indiscriminate bulk collection of any tangible thing or any 
type of record under Section 501 of FISA.
    Section 501(b)(2)(A) of FISA will continue to require the 
government to make ``a statement of facts showing that there 
are reasonable grounds to believe that the tangible things 
sought are relevant to an authorized investigation. . . .''\50\ 
Section 103 requires the government to make an additional 
showing, beyond relevance, of a specific selection term as the 
basis for the production of the tangible things sought, thus 
ensuring that the government cannot collect tangible things 
based on the assertion that the requested collection ``is thus 
relevant, because the success of [an] investigative tool 
depends on bulk collection.''\51\ Congress' decision to leave 
in place the ``relevance'' standard for Section 501 orders 
should not be construed as Congress' intent to ratify the FISA 
Court's interpretation of that term. These changes restore 
meaningful limits to the ``relevance'' requirement of Section 
501, consistent with the opinion of the U.S. Court of Appeals 
for the Second Circuit in ACLU v. Clapper.
---------------------------------------------------------------------------
    \50\50 U.S.C. Sec. 501(b)(2)(A).
    \51\Amended Memorandum Opinion, In re Application of the Federal 
Bureau of Investigation for an Order Requiring the Production of 
Tangible Things From [redacted], No. BR 13-09 (FISA Ct. Aug. 29, 2013), 
at 21 (citing Mem. of Law at 15, Docket No. BR 06-05).
---------------------------------------------------------------------------
    Although this Act eliminates bulk collection, this section 
maintains Section 501 as a business records authority. The 
additional showing of a ``specific selection term'' that will 
be required in all Section 501 applications does not provide 
any new authority, but it is defined in such a way as to allow 
for standard business records collection to continue while 
prohibiting the use of this authority for indiscriminate, bulk 
collection.
Sec. 104--Judicial review.
    This section provides that the court may evaluate the 
adequacy of minimization procedures under Section 501. Under 
current law, the court is only empowered to determine whether 
the government has minimization procedures in place. This 
section also makes clear that the FISC may require additional, 
particularized minimization procedures beyond those required 
under Section 501 with regard to the production, retention, or 
dissemination of certain business records, including requiring 
the destruction of such records within a reasonable time 
period. This language is intended to capture an existing 
practice by the FISC to require heightened minimization 
procedures when appropriate.
Sec. 105--Liability protection.
    This section provides liability protections to third 
parties who provide information, facilities, or technical 
assistance to the government in compliance with an order issued 
under Section 501. This provision mirrors the liability 
provisions in Titles I and VII of FISA.
Sec. 106--Compensation for assistance.
    This section explicitly permits the government to 
compensate third parties for producing tangible things or 
providing information, facilities, or assistance in accordance 
with an order issued under Section 501. It is customary for the 
government to enter into contractual agreements with third 
parties in order to compensate them for products and services 
provided to the government.
Sec. 107--Definitions.
    This section provides definitions for the terms 
``address,'' ``call detail record,'' and ``specific selection 
term.'' This section also incorporates by reference to Section 
101 of FISA definitions for ``foreign power,'' ``agent of a 
foreign power,'' ``international terrorism,'' ``foreign 
intelligence information,'' ``Attorney General,'' ``United 
States person,'' ``United States,'' ``person,'' and ``State.''
    The ``specific selection term'' required in each Section 
501 application is the mechanism by which the Act prohibits the 
indiscriminate, bulk collection of any type of tangible thing 
under Section 501. The term ``specific selection term,'' for 
purposes of a standard Section 501 order, is defined to mean a 
term that specifically identifies a person, account, address, 
or personal device, or any other specific identifier that 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. It does not include 
terms that are not so limited, such as terms based on a broad 
geographic region, such as a state, city, or zip code, (when 
not used as part of a specific identifier) or terms identifying 
a service provider (when not used as part of a specific 
identifier) unless the provider is itself the subject of an 
investigation.
    This definition makes clear that the government may satisfy 
the requirements of the ``specific selection term'' definition 
through use of one or more terms or identifiers as may be 
necessary to meet the standard set forth in the definition--and 
as provided for in Section 1 of Title 1, United States Code.
    For purposes of the call detail record authority, the term 
``specific selection term'' is defined as a term specifically 
identifying an individual, account, or personal device.
    The term ``address'' means a physical address or electronic 
address, such as an electronic mail address, temporarily 
assigned network address, or Internet protocol address. This 
definition may overlap with the term ``account,'' which also 
can be considered a ``specific selection term'' under the bill. 
These terms are not mutually exclusive, and an electronic mail 
address or account also qualifies as an ``account'' for 
purposes of the bill.
    The term ``personal device'' refers to a device that can 
reasonably be expected to be used by an individual or a group 
of individuals affiliated with one another. For example, 
``personal device'' would include a telephone used by an 
individual, family, or housemates, a telephone or computer 
provided by an employer to an employee or employees, a home 
computer or tablet shared by a family or housemates, and a Wi-
Fi access point that is exclusively available to the 
inhabitants of a home, the employees of a business, or members 
of an organization. It would also include a local area network 
server that is used by a business to provide e-mail to its 
employees. The term ``personal device'' does not include 
devices that are made available for use by the general public 
or by multiple people not affiliated with one other, such as a 
pay phone available to the public, a computer available to 
library patrons to access the Internet, or a Wi-Fi access point 
made available to all customers at an Internet cafee. Depending 
on the circumstances, however, such devices could qualify as 
``any other specific identifier'' that is used to limit the 
scope of the tangible things sought consistent with the purpose 
for seeking the tangible things. The term ``personal device'' 
also does not include devices that are used by companies to 
direct public communications, such as a router used by an 
Internet service provider to route e-mails sent by its 
customers, or a switch used by a telecommunications carrier to 
route calls made by its customers.
Sec. 108--Inspector General reports on business records orders.
    This section requires the Inspector General of the 
Department of Justice to conduct a comprehensive review of the 
use of Section 501 with respect to calendar years 2012 to 2014. 
It also requires the Inspector General of the Intelligence 
Community to assess the value and use of intelligence obtained 
under Section 501 over the same time period.
Sec. 109--Effective date.
    This section provides that the new call detail records 
authority, the new Section 501 emergency authority, and the 
prohibition on bulk collection of tangible things under Section 
501 take effect 180 days after enactment.
Sec. 110--Rule of construction.
    This section provides a rule of construction that nothing 
in this Act shall be construed to authorize the production of 
the contents of electronic communications by electronic 
communication service providers under Title V of FISA.

      Title II--FISA Pen Register and Trap and Trace Device Reform

Sec. 201--Prohibition on bulk collection.
    This section prohibits the use of the pen register and trap 
and trace device authority for bulk collection by requiring 
each application under this section to include a specific 
selection term as the basis for the use of a pen register or 
trap and trace device.
    The definition of ``specific selection term'' is similar to 
the definition of that term for Section 501 orders. 
Specifically, it is defined to mean a term that specifically 
identifies a person, account, address, or personal device, or 
any other specific identifier that is used to limit, to the 
greatest extent reasonably practicable, the scope of 
information sought, consistent with the purpose for the use of 
a pen register or trap and trace device. It does not include 
terms that are not so limited, such as terms based on broad 
geographic region (when not used as part of a specific 
identifier) or terms identifying a service provider (when not 
used as part of a specific identifier) unless the provider is 
itself the subject of an investigation.
    The term ``address'' means a physical address or electronic 
address, such as an electronic mail address, temporarily 
assigned network address, or Internet protocol address. This 
definition may overlap with the term ``account,'' which also 
can be considered a ``specific selection term'' under the bill. 
These terms are not mutually exclusive, and an electronic mail 
address or account also qualifies as an ``account'' for 
purposes of the bill.
    The term ``personal device'' refers to a device that can 
reasonably be expected to be used by an individual or a group 
of individuals affiliated with one another. For example, 
``personal device'' would include a telephone used by an 
individual, family, or housemates, a telephone or computer 
provided by an employer to an employee or employees, a home 
computer or tablet shared by a family or housemates, and a Wi-
Fi access point that is exclusively available to the 
inhabitants of a home, the employees of a business, or members 
of an organization. It would also include a local area network 
server that is used by a business to provide e-mail to its 
employees. The term ``personal device'' does not include 
devices that are made available for use by the general public 
or by multiple people not affiliated with one other, such as a 
pay phone available to the public, a computer available to 
library patrons to access the Internet, or a Wi-Fi access point 
made available to all customers at an Internet cafee. Depending 
on the circumstances, however, such devices could qualify as 
``any other specific identifier'' that is used to limit the 
scope of the tangible things sought consistent with the purpose 
for seeking the tangible things. The term ``personal device'' 
also does not include devices that are used by companies to 
direct public communications, such as a router used by an 
Internet service provider to route e-mails sent by its 
customers, or a switch used by a telecommunications carrier to 
route calls made by its customers.
Sec. 202--Privacy procedures.
    This section directs the Attorney General to adopt 
procedures to safeguard nonpublicly available information 
concerning U.S. persons consistent with the need to protect 
national security. This section also makes clear that the FISC 
may require additional privacy or minimization procedures with 
regard to the installation or use of a pen register or trap and 
trace device.

       Title III--FISA Acquisitions Targeting Persons outside the

                         United States Reforms

Sec. 301--Limits on use of unlawfully obtained information.
    This section limits the government's use of information 
about U.S. persons that is obtained under Section 702 
procedures that the FISA Court later determines to be unlawful, 
while still giving the FISA Court flexibility to allow such 
information to be used in appropriate cases. It is similar to 
the existing law that limits the use of information collected 
pursuant to FISA's emergency authority if the FISA Court 
determines after the fact that the FISA standard was not met.

       Title IV--Foreign Intelligence Surveillance Court Reforms

Sec. 401--Appointment of amicus curiae.
    This section provides that both the FISC and the FISA Court 
of Review (FISCR) shall, if deemed appropriate, appoint an 
individual to serve as amicus curiae in a case involving a 
novel or significant interpretation of law. In addition, this 
section permits the court to appoint amicus curiae in any case 
or permit an individual or organization leave to file as amicus 
curiae.
    The presiding judges of the courts will jointly designate a 
panel of no fewer than five individuals who are eligible to 
serve as amicus curiae. In designating such individuals, the 
presiding judges may consider individuals recommended from any 
source, including members of the Privacy and Civil Liberties 
Oversight Board, that the judges deem appropriate. These 
individuals shall possess expertise in privacy and civil 
liberties, intelligence collection, communications technology, 
or any other area of law that may lend legal or technical 
expertise to the courts, and shall be eligible for access to 
classified information necessary to participate as amicus 
curiae.
    A novel or significant interpretation of law involves 
application of settled law to novel technologies or 
circumstances materially different from those in prior cases, 
or any other novel or significant construction or 
interpretation of any provision of law or of the U.S. 
Constitution. It is not intended to include routine, fact-based 
FISA applications that do not present novel legal or 
technological issues. An instance in which it may apply, 
however, is to novel and significant interpretations of 
``specific selection term.''
    The duties of an amicus curiae may include, as appropriate, 
legal arguments that advance the protection of individual 
privacy and civil liberties, information related to 
intelligence collection or communications technology, or legal 
arguments or information regarding any other area relevant to 
the issue presented to the FISC or FISCR.
    An individual appointed as an amicus curiae by the FISC or 
FISCR may request appointment of additional amicus curiae, have 
access to all relevant legal precedent and any application, 
certification, petition, motion or such other materials that 
the court determines are relevant to the duties of an amicus 
curiae, and have access to classified materials to the extent 
consistent with national security. This section excludes access 
to privileged materials and makes clear that the authorization 
for the appointment of amicus curiae does not affect the 
ability of the courts to continue to receive information or 
materials from, or otherwise communicate with, the government 
or amicus curiae on an ex parte basis.
    The Attorney General may brief individuals designated as 
amicus curiae regarding constructions or legal interpretations 
of FISA, and legal, technological, and other issues related to 
actions authorized by FISA. The FISC or FISCR must notify the 
Attorney General when it appoints an individual to serve as 
amicus curiae and may seek the assistance of the Executive 
Branch in implementation of this authority. The courts may 
provide for the designation, appointment, removal, training, or 
other support for amicus curiae.
    This section also authorizes the FISC, in the judge's 
discretion and following issuance of a FISA order, to certify a 
question of law to the FISCR if such question of law may affect 
the resolution of the matter in controversy because of a need 
for uniformity or to serve the interests of justice. This 
section also permits the FISCR to certify questions of law to 
the U.S. Supreme Court and authorizes the Supreme Court to 
appoint an individual to serve as amicus curiae from among 
those designated by the FISC and FISCR under this section. This 
provision is based upon and conforms to existing procedures for 
certified questions of law from the Federal courts of appeals 
to the U.S. Supreme Court in Section 1254(2) of Title 28, 
United States Code.
Sec. 402--Declassification of decisions, orders, and opinions.
    This section requires the Attorney General to conduct a 
declassification review of each decision, order, or opinion of 
the FISC or FISCR that includes a significant construction or 
interpretation of law. In the interest of national security, 
the Director of National Intelligence (DNI) may waive the 
declassification requirement, in which case the Attorney 
General shall provide a public summary of the decision. The 
Attorney General is instructed to summarize significant 
constructions or interpretations 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 FISC. Any 
such summary would not be considered to be part of the court's 
opinion.

                Title V--National Security Letter Reform

Sec. 501--Prohibition on bulk collection.
    This section prohibits the use of various national security 
letter (NSL) authorities (contained in the Electronic 
Communications Privacy Act, Right to Financial Privacy Act, and 
Fair Credit Reporting Act) without the use of a specific 
selection term as the basis for the NSL request. It specifies 
that for each NSL authority, the government must specifically 
identify the target or account.
    While the overall objective is the same, each of the NSL 
authorities is amended with slightly different language in 
order to account for differences in the underlying statutes. 
For example, Section 501(a) amends the Electronic 
Communications Privacy Act to require ``a term that 
specifically identifies a person, entity, telephone number, or 
account,'' while Section 501(b) amends the Right to Financial 
Privacy Act to require ``a term that specifically identifies a 
customer, entity, or account.'' These differences in amendments 
to the NSL authorities simply conform the new language to the 
original statutory structure.
Sec. 502--Limitations on Disclosure of National Security Letters.
    This section corrects the constitutional defects in the 
issuance of NSL nondisclosure orders found by the Second 
Circuit Court of Appeals in Doe v. Mukasey, 549 F.3d 861 (2d 
Cir. 2008), and adopts the concepts suggested by that court for 
a constitutionally sound process.
    It permits the government to impose a nondisclosure order 
on the recipient of an NSL if a senior FBI official certifies 
that danger to the national security, interference with an 
investigation, interference with diplomatic security, or danger 
to the life or safety of a person may result from public 
disclosure of the order. It also permits disclosure to persons 
to whom disclosure is necessary to comply with the NSL; an 
attorney; or others as permitted by the FBI.
    This section allows the recipient of an NSL nondisclosure 
order to challenge the nondisclosure order by notifying the 
government or by filing a petition for judicial review. If the 
recipient notifies the government, the government then has 30 
days to seek a court order in Federal district court to compel 
compliance with the nondisclosure order. This option is 
intended to ease the burden on the recipient in challenging the 
nondisclosure order. If the court determines there is reason to 
believe that certain harms may result if the gag order is not 
imposed, the court shall issue the nondisclosure order.
    This section repeals a provision stating that a conclusive 
presumption in favor of the government shall apply where a 
high-level official certifies that disclosure of the NSL would 
endanger national security or interfere with diplomatic 
relations.
    This section also provides that the Attorney General shall 
adopt procedures for the review of nondisclosure requirements 
issued pursuant to an NSL. These procedures require the 
government to review at appropriate intervals whether the facts 
supporting nondisclosure continue to exist; the termination of 
such nondisclosure requirement if the facts no longer support 
nondisclosure; and appropriate notice to the recipient of the 
NSL, and the applicable court as appropriate, when the 
nondisclosure requirement has been terminated. These procedures 
are based upon nondisclosure reforms proposed by President 
Obama in January 2014. In remarks accompanying the issuance of 
PPD-28, President Obama directed the Attorney General ``to 
amend how we use National Security Letters so that [their] 
secrecy will not be indefinite, and will terminate within a 
fixed time unless the government demonstrates a real need for 
further secrecy.''\52\
---------------------------------------------------------------------------
    \52\Remarks by the President on Review of Signals Intelligence 
(Jan. 17, 2014), available at https://www.whitehouse.gov/the-press-
office/2014/01/17/remarks-president-review-signals-intelligence.
---------------------------------------------------------------------------
    In January 2015, as part of its Signals Intelligence Reform 
2015 Anniversary Report, the Director of National Intelligence 
announced that:

        In response to the President's new direction, the FBI 
        will now presumptively terminate National Security 
        Letter nondisclosure orders at the earlier of 3 years 
        after the opening of a fully predicated investigation 
        or the investigation's close. Continued nondisclosures 
        orders beyond this period are permitted only if a 
        Special Agent in Charge or a Deputy Assistant Director 
        determines that the statutory standards for 
        nondisclosure continue to be satisfied and that the 
        case agent has justified, in writing, why continued 
        nondisclosure is appropriate.

Sec. 503--Judicial Review.
    This section modifies each of the national security letter 
statutes to specify that judicial review of NSLs and NSL 
nondisclosure orders is governed by 18 U.S.C. Sec. 3511, and 
that each NSL issued shall notify the recipient of the 
availability of judicial review of the NSL itself, as well as 
the nondisclosure order.

         Title VI--FISA Transparency and Reporting Requirements

Sec. 601--Additional Reporting on Orders Requiring Production of 
        Business Records; Business Records Compliance Reports to 
        Congress.
    In addition to existing annual reporting requirements, this 
section requires the government to provide to Congress a 
summary of all compliance reports related to the use of Section 
501. It also requires the government to report on the number of 
applications made for call detail records under the new call 
detail record authority and the number of orders granted, 
modified or denied, as well as the number of standard Section 
501 applications and orders granted, modified, or denied. It 
further requires the government to report on the number of 
Section 501 applications based on a specific selection term 
that does not specifically identify an individual, account or 
personal device; the number of those applications granted, 
modified, or denied; and for those applications that were 
granted or modified, whether the FISA Court adopted additional, 
particularized minimization procedures.
Sec. 602--Annual Reports by the Government.
    This section requires the Administrative Office of the U.S. 
Courts to report to Congress annually the number of FISA orders 
and certifications applied for, issued, modified, and denied, 
and the number of appointments by the FISA Court of amici 
curiae under section 103. This information must also be posted 
on a public website, subject to a declassification review. The 
Administrative Office must also report to Congress the 
instances in which the FISC issued a finding that appointment 
of amicus curiae was not appropriate and the text of such 
findings.
    This section also requires the government to report 
annually to the public key information about the scope of 
collection under the FISA pen register, business records, call 
detail records, and Section 702 authorities, as well as the 
national security letter statutes. For FISA pen register, 
business records, and call detail records, the government must 
annually report a good faith estimate of the number of targets 
of these orders, and the number of unique identifiers collected 
pursuant to those orders. The phrase ``unique identifiers used 
to communicate information collected pursuant to such orders'' 
means the total number of, for example, email addresses or 
phone numbers that have been collected as a result of these 
particular types of FISA orders--not just the number of target 
email addresses or telephone numbers.
    For Section 702 collection, the government must report the 
number of orders, the number of search terms concerning known 
U.S. persons used to retrieve unminimized contents of wire or 
electronic communications acquired under Section, and the 
number of queries concerning known U.S. persons of unminimized 
noncontents information acquired under Section 702. This 
requirement is consistent with how the Intelligence Community 
counted these figures for purposes of a June 27, 2014, letter 
from the Office of the Director of National Intelligence to 
Senator Wyden.
    For national security letters, the government must annually 
report the number of letters issued, the number of requests for 
information in those letters, and a good faith estimate of the 
number of requests concerning U.S. persons and non-U.S. 
persons.
    This section has limited exceptions. The FBI is exempted 
from reporting requirements that the agency has indicated it 
lacks the capacity to provide. Additionally, while the 
government is required to estimate the number of known U.S. 
person queries of non-contents information collected under 
Section 702, if the Director of National Intelligence 
determines that these estimates cannot be determined accurately 
because some but not all relevant elements can comply, the 
Director must report the estimate for those elements able to 
comply, and provide a public, unclassified certification to the 
Senate and House Intelligence and Judiciary Committees each 
year explaining why the Intelligence Community is unable to 
report these figures and when it is reasonably anticipated that 
such an estimate can be determined fully and accurately.
    Finally, this section requires annual reporting on the 
number of accounts from which the Department of Justice 
receives voluntary disclosures in an emergency for non-content 
information.
Sec. 603--Public Reporting by Persons Subject to FISA Orders.
    Companies subject to FISA orders or National Security 
Letters (NSLs) may publicly report information about the number 
of such orders or NSLs they receive and how many of their 
customers are targeted by these national security processes. 
This provision is modeled on the January 2014 settlement 
between various technology companies and the Justice 
Department, which allowed for companies to publicly report data 
concerning government requests for customer information. This 
provision is intended to capture reporting by companies as it 
was agreed to in the settlement.
    The bill provides four options for this reporting: (1) a 
semiannual report on the number of NSLs, FISA content orders 
and FISA non-content orders in bands of 1000, with some 
breakdowns by authority for non-content information; (2) a 
semiannual report on the number of NSLs, FISA content orders 
and FISA non-content orders in bands of 500; (3) a semiannual 
report on the total national security process received in bands 
of 250; or (4) an annual report on the total national security 
process received in bands of 100. For the options permitting 
disclosures in bands of 500 and 1000, providers must wait 18 
months before reporting on any FISA orders or directives 
received with respect to a platform, product, or service for 
which the provider has not previously received an order or 
directive. It is anticipated that companies may have a 
necessary delay between the end of certain reporting periods 
required under this section and the date a report may be issued 
by a company pursuant to this section.
    By permitting companies to report the number of ``customer 
selectors targeted'' for each of the relevant authorities, this 
provision is intended to capture circumstances in which the 
government asks the company for information about a single 
identifier or selector, but the company returns multiple 
accounts associated with that identifier or selector, or the 
reverse situation where multiple identifiers or selectors are 
tied to a single account. In such a circumstance, the company 
is permitted to report the total number of accounts returned 
based on the identifiers and selectors specified in the 
government request, because all of those accounts have been 
targeted by the government's process.
Sec. 604--Reporting Requirements for Decisions, Orders, and Opinions of 
        the Foreign Intelligence Surveillance Court and the Foreign 
        Intelligence Surveillance Court of Review.
    This section requires the Attorney General to provide a 
copy of each decision, order, or opinion, including a 
modification or denial of an application that includes a 
significant construction or interpretation of any provision of 
law to the relevant committees, within 45 days.
Sec. 605--Submission of reports under FISA.
    This section includes the House Judiciary Committee in 
several existing reporting requirements.

            Title VII--Enhanced National Security Provisions

Sec. 701--Emergencies Involving Non-United States Persons.
    This section provides for the lawful targeting of a non-
United States person who was previously believed to be located 
outside the United States for a period not to exceed 72 hours 
when it is determined that the non-United States person is 
reasonably believed to be located inside the United States, in 
certain limited circumstances. Among other requirements, the 
head of an element of the Intelligence Community must 
reasonably determine that a lapse in targeting such non-United 
States person poses a threat of death or serious bodily harm.
    This provision should not be construed as creating broad 
new surveillance authorities. Rather, the purpose of this 
section is to allow the intelligence community to continue to 
target a non-United States person, in certain narrowly limited 
circumstances, for up to 72 hours after that person is 
reasonably believed to be located inside the United States, to 
provide time to compile the information needed to ask the 
Attorney General to approve emergency FISA authority under 
Title I or Title III of FISA. If the Attorney General does not 
approve an emergency authority, or if the FISA Court turns down 
a subsequent application, the information acquired during the 
72-hour period must be purged unless it indicates a threat of 
death or serious bodily harm. This section also provides for a 
semiannual report to Congress of the total number of 
authorizations under this section along with the number of 
accompanying subsequent emergency employments of electronic 
surveillance under FISA.
Sec. 702--Preservation of treatment of non-United States persons 
        travelling outside United States as agents of foreign powers.
    This section addresses an anomaly in FISA that has been 
interpreted to require the government to terminate electronic 
surveillance under Title I of FISA or terminate physical search 
under Title III of FISA because a non-U.S. person, who is known 
to be acting inside the U.S. as an agent of a foreign power, 
exits the United States.
    As currently written, subparagraphs (A) and B) of section 
101(b)(1) of FISA require that a non-U.S. person who is an 
officer or employee of a foreign power or acts on behalf of a 
foreign power engaging in clandestine intelligence activities 
must be acting in the United States in one of those capacities 
in order to be considered an agent of the foreign power for 
purposes of Title I and Title III of FISA. As a result of these 
definitions, in certain circumstances, the government must 
terminate electronic surveillance or physical search pursuant 
to Titles I and III of FISA because the target has left the 
United States or may not be able to initiate Title I electronic 
surveillance and Title III physical searches until the target 
enters the United States. Although collection on such 
individuals overseas may be permitted under authorities other 
than Titles I and III, this section revises the definitions of 
subparagraphs (A) and (B) of section 101(b)(1) of FISA to 
permit the government to conduct Title I electronic 
surveillance and Title III physical searches targeting certain 
individuals regardless of whether they are physically located 
in the United States or abroad.
    The revisions of subparagraphs (A) and (B) of section 
101(b)(1) are not intended to alter the definition of 
electronic surveillance under FISA. The revisions are solely 
intended to afford the government the operational flexibility 
to initiate and maintain Title I electronic surveillance or 
Title III physical search authorities in the above 
circumstances.
Sec. 703--Improving investigations of international proliferation of 
        weapons of mass destruction.
    This section amends the definition of ``agent of a foreign 
power'' in Section 101(b)(1)(E) of FISA, pertaining to the 
international proliferation of weapons of mass destruction, to 
include those who knowingly aid and abet, or knowingly conspire 
with, persons engaged in such proliferation or activities in 
furtherance of such proliferation on behalf of a foreign power. 
This amendment, which is applicable only to non-U.S. persons, 
is intended to ensure that those who facilitate the 
international proliferation of weapons of mass destruction on 
behalf of a foreign power by knowingly procuring or selling 
components or ancillary materials for the purpose of 
constructing weapons of mass destruction may be targeted under 
FISA.
Sec. 704--Increase in penalties for material support of foreign 
        terrorist organizations.
    This section increases the statutory maximum penalty from 
15 to 20 years for material support of designated foreign 
terrorist organizations.
Sec. 705--Sunsets.
    This section reauthorizes Section 215 (business records) 
and Section 206 (roving wiretap authority) of the PATRIOT Act 
and Section 6001 (lone wolf definition) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 to December 15, 
2019.

    Title VIII--Safety of Maritime Navigation and Nuclear Terrorism

                       Conventions Implementation

               Subtitle A--Safety of Maritime Navigation

    These amendments implement the changes to 18 U.S.C. 
Sec. 2280 required by the 2005 Protocol to the 1988 Convention 
for the Suppression of Unlawful Acts against the Safety of 
Maritime Navigation (``2005 Protocol'') and the changes to 18 
U.S.C. Sec. 2281 required by the 2005 Protocol to the 1988 
Protocol for the Suppression of Unlawful Acts against the 
Safety of Fixed Platforms Located on the Continental Shelf 
(``2005 Platforms Protocol'').
Sec. 801--Amendment to section 2280 of title 18, United States Code.
    This section amends Section 2280, Violence Against Maritime 
Navigation in subsection (1)(A)(i) by expanding jurisdiction 
over prohibited activity against U.S. ships to include not just 
those flying the flag of the United States, but also ``a vessel 
of the United States or a vessel subject to the jurisdiction of 
the United States.'' In (b)(1)(A)ii jurisdiction is expanded by 
adding ``including the territorial seas.'' The current statute 
just refers to ``in the United States.''
    In (b)(1)(A)(iii) jurisdiction over prohibited activities 
against maritime navigation by including activity committed by 
a United States corporation or legal entity, in addition to the 
current language giving jurisdiction over a national of the 
United States or by a stateless person whose habitual residence 
is the United States. In subsection (c) a correction is made to 
an error in the cross-reference to the Norris-LaGuardia Act by 
substituting ``section 13 (c) for the current 2 (c)'' of that 
Act.
    The current subsection (d) relating to the delivery of a 
suspected offender is updated and moved to (f). The new 
subsection (d) identifies nine applicable treaties and contains 
the existing definitions for Section 2280 as well as the 
definitions for some new terms utilized by the 2005 Protocol. 
Terms defined include biological weapon, chemical weapon, 
explosive material, and infrastructure facility, among others. 
It also updates the definitional sections by adding a 
definition of ``international organization,'' to be consistent 
with 18 U.S.C. Sec. 831. This subsection also adopts the 
definition of ``military forces of a state'' used in the 2005 
Protocol. Consistent with the understanding included in the 
instrument of ratification for the 2005 Protocols, the 
exemption provided by this bill to subsection(e)(2) of Section 
2280, includes civilians who direct or organize the official 
activities of military forces of a State. Subsection (e) of 
2280 creates an exception for the activities of armed forces 
during an armed conflict, as those terms are understood under 
the law of war and for activities undertaken by military forces 
of a state in the exercise of their official duties.
    Subsection (f) updates the grounds permitting the master of 
a ship to deliver an offender to another state, under certain 
conditions, to include the new offenses added by these 
amendments. It provides authority for the master of a covered 
ship flying the flag of the United States, who has reasonable 
grounds to believe a person on board has committed an offense 
under 18 U.S.C. 2280 or 2280a, to deliver that person to the 
authorities of a country that is a party to the Convention for 
the Suppression of Unlawful Acts Against the Safety of Maritime 
Navigation. This change is required under the 2005 Protocol, 
Article 8 as amended.
    Subsection (g) establishes a Civil Forfeiture provisions 
against any real or personal property used or intended for use 
in committing violations under section 2280. This would include 
gross proceeds of such violations, and real or personal 
property traceable to such property or proceeds. These 
forfeitures are governed by the provisions of chapter 46 of 
Title 18, but may also be performed by agents or officers 
designated 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.
    This section establishes a new section 2280a to Title 18. 
The 2005 Protocol forbids enumerated maritime terrorism acts 
and the maritime transport of biological, chemical, or nuclear 
weapons (``BCN weapons'') or certain of their components, 
delivery means, or materials, under specified circumstances. 
The 2005 Protocol also forbids the maritime transport of 
terrorist fugitives. The 2005 Protocol does not affect the 
rights or obligations of parties under the Treaty on the Non-
Proliferation of Nuclear Weapons, the Convention on the 
Prohibition of the Development, Production and Stockpiling of 
Bacteriological (Biological) and Toxin Weapons and on their 
Destruction, or the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of Chemical 
Weapons and on their Destruction. There are exceptions for 
armed forces and military actions in accordance with the 2005 
Protocol, Article 2bis, paragraph 2.
    Subsection (a)(1)(A) implements paragraph 1(a)(i), (ii), 
and (iii) of Article 3bis of the 2005 Protocol. Under these 
provisions, it is an offense to, unlawfully and with the intent 
to intimidate a population or compel a government or an 
international organization to do or refrain from doing an act, 
(i) use against or on, or discharge from, a ship any explosive 
or radioactive material, or BCN weapon, in a manner that causes 
or is likely to cause death or serious injury or damage; (ii) 
discharge from a ship oil, liquefied natural gas, or another 
hazardous or noxious substance, in a manner that causes or is 
likely to cause death or serious injury or damage; or (iii) 
otherwise use a ship in a manner that causes death or serious 
injury or damage.
    Subsection (a)(1)(B) implements paragraphs 1(b) and 2 of 
Article 3bis. Subsection (a)(1)(B)(i) forbids the transport of 
explosive or radioactive material intended for a terrorist act. 
Subsection (a)(1)(B)(ii) forbids the transport of BCN weapons. 
Subsection (a)(1)(B)(iii) forbids the transport of source or 
special fissionable material or equipment or material 
especially designed or prepared for the processing, use, or 
production of special fissionable material where intended for 
use 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 not contrary to obligations of parties to the Treaty on 
the Non-Proliferation of Nuclear Weapons (``NPT'')). For 
example, transport would be permitted if no safeguards are 
required, as in the case of a Nuclear Weapon State Party 
recipient, or if an NPT State Party sends such materials or 
equipment to a country that is not an NPT State Party for use 
in an activity under ``facility-specific'' International Atomic 
Energy Agency (``IAEA'') safeguards. At the same time, 
transport, even by an NPT State Party to a country that is not 
an NPT State Party, would be forbidden if the resulting 
transfer violated the NPT party's obligations under the NPT. 
For example, the obligations of NPT States Parties under the 
NPT include, among other things, the obligation not to provide 
source or special fissionable material or equipment or material 
especially designed or prepared for the processing, use, or 
production of special fissionable material to any non-nuclear 
weapon state for peaceful purposes, unless the source or 
special fissionable material is subject to IAEA safeguards.
    Subsections (a)(1)(B)(iv)-(vi) forbid transport of certain 
dual use items that will significantly contribute to and are 
intended for the design or manufacture of a BCN weapon or its 
means of delivery. Subparagraph (B) reflects the conduct 
forbidden by paragraphs 1(b) of Article 3bis as well as the 
savings provision of paragraph 2 of Article 3bis but is 
reorganized to provide a clearer exposition of the exceptions 
applicable to each category of forbidden conduct. The offenses 
prohibited are consistent with the obligations under the Treaty 
on the Non-Proliferation of Nuclear Weapons and complementary 
with the obligations set out in U.N. Security Council 
Resolution 1540 regarding prohibitions against the transport of 
BCN weapons.
    Subsection (a)(1)(C) implements Article 3ter of the 2005 
Protocol to prohibit the transportation of a terrorist fugitive 
(i.e., perpetrators of an act prohibited under the amended SUA 
or one of nine other UN terrorism conventions), with the intent 
to help the fugitive evade prosecution.
    Subsections (a)(1)(D) and (E) add provisions regarding 
conspiracy, attempt, and injury or death in connection with one 
of the listed offenses. The amendments reflect the amendments 
in the 2005 Protocol (see Article 3quater). It should be noted 
that the current provisions found in 18 U.S.C. Sec. Sec. 2, 
371, and 2339A, and the conspiracy offenses in Section 2280, 
implement the obligations under subparagraphs (c), (d), and (e) 
of Article 3quater of the 2005 Protocol.
    Subsection (a)(2) criminalizing threats is updated to 
implement the 2005 Protocol's requirement to criminalize 
threats to commit the terrorism-related offenses described in 
subparagraph (G) (see 2005 Protocol, Article 3bis, paragraph 
(1)(a)(iv)).
    Subsection (b) establishes jurisdiction over prohibited 
activity consistent with that found in 18 U.S.C. 2280.
    Subsection (c) of inserts exceptions (as does Section 801 
supra) specifying that the statute does not apply to armed 
forces during an armed conflict or to the official exercise of 
military duties, as specified in Article 2bis of the 2005 
Protocol.
    Subsection (d) establishes a Civil Forfeiture provisions 
against any real or personal property used or intended for use 
in committing violations under section 2280. This would include 
gross proceeds of such violations, and real or personal 
property traceable to such property or proceeds. These 
forfeitures are governed by the provisions of chapter 46 of 
Title 18, but may also be performed by agents or officers 
designated by the Secretary of homeland Security, the Attorney 
General, or the Secretary of Defense.
    The penalties for violations of 18 U.S.C. 2280a are a fine, 
imprisonment for not more than 20 years, or both. If the death 
of any person results from prohibited conduct under this new 
section, the punishment is imprisonment for any term of years 
or life (this does not have the death penalty provision 
contained in Section 2280).
Sec. 803--Amendments to section 2281 of title 18, United States Code.
    This section makes amendments to Section 2281 of Title 18, 
United States Code. It corrects an error in subsection (c) in 
the cross-reference to the Norris-LaGuardia Act by substituting 
``section 13 (c) for the current 2 (c)'' of that Act. This 
section strikes the definitions found in subsection (d), of 
``national of the United States,'' ``territorial sea of the 
United States,'' and ``United States.''
    This section adds a new subsection (e) that creates an 
exception to the provisions of the section for the activities 
of armed forces during an armed conflict as those terms are 
understood under the law of war. This exception is identical to 
that found in other sections of this Act.
Sec. 804--New section 2281A of title 18, United States Code.
    This section establishes a new section 2281a in Title 18 
that implements requirements in accordance with the 2005 
Platforms Protocol. The 2005 Platforms Protocol criminalizes 
terrorist acts involving a fixed maritime platform.
    New subsection (a)(1)(A) makes it an offense to, unlawfully 
and with the intent to intimidate a population or compel a 
government or an international organization to do or refrain 
from doing an act, (i) use against or discharge from a fixed 
platform, any explosive or radioactive material, or biological, 
chemical, or nuclear weapon, in a manner that causes or is 
likely to cause death or serious injury or damage; or (ii) 
discharge from a fixed platform oil, liquefied natural gas, or 
another hazardous or noxious substance, in a manner that causes 
or is likely to cause death or serious injury or damage.
    Subsection (a)(1)(B) extends the penalties for injuring or 
killing a person in connection with the commission of an 
enumerated offense to the new crimes in subparagraph (E), as 
required by the 2005 Platforms Protocol, Article 2ter, 
paragraph 1.
    Subsections (a)(1)(C) and (a)(2) implement the 2005 
Platforms Protocol's application of attempt, conspiracy, and 
threat provisions to the new terrorist crimes. (See 2005 
Platforms Protocol, Articles 2bis, 2ter).
    Subsection (b) establishes jurisdiction over the prohibited 
activity, identical to the jurisdictional requirements of 2281.
    Subsection (c) establishes exceptions that the statute does 
not apply to armed forces during an armed conflict or to the 
official exercise of military duties, as specified in Article 
2bis of the 2005 Platforms Protocol.
    Subsection (d) adds definitions of ``continental shelf'' 
and ``fixed platform'' that are not included in 18 U.S.C. 
Sec. 2280.
    The penalties for violations of 18 U.S.C. 2281a are a fine, 
imprisonment for not more than 20 years, or both. If the death 
of any person results from prohibited conduct under this new 
section, the punishment is imprisonment for any term of years 
or life (this does not have the death penalty provision 
contained in Section 2281).
Sec. 805--Ancillary Measure.
    This section amends the meaning of the term ``Federal Crime 
of Terrorism'' to include violations of the new section 2280a 
and 2281a, created by sections 802 and 804 of this Act.

              Subtitle B--Prevention of Nuclear Terrorism

Sec. 811--New Section 2332i of Title 18 of the U.S. Code.
    This section creates a new section in the U.S. Code in 
Chapter 113B, Terrorism, of Title 18, to implement certain 
provisions of the International Convention for the Suppression 
of Acts of Nuclear Terrorism (``NTC'') and the amendment to the 
Convention on the Physical Protection of Nuclear Material 
(``CPPNM''). Some of the conduct prohibited by the treaties is 
already covered by existing provisions in the U.S. Code. For 
instance, the NTC's prohibition against the possession or use 
of a nuclear explosive or radiation dispersal device with the 
intent to cause death or serious bodily injury may be covered 
by 18 U.S.C. Sec. 832(c) (prohibiting the unlawful possession 
or use of a ``radiological weapon'') and/or 18 U.S.C. 
Sec. 2332h (prohibiting the unlawful possession or use of a 
``weapon'' or ``device'' designed to release radiation). 
Similarly, the prohibitions contained in both the NTC and the 
amendment to the CPPNM against causing damage to a nuclear 
facility overlap with 42 U.S.C. Sec. 2284, which prohibits 
sabotage of nuclear facilities. The CPPNM amendment was also 
largely anticipated in the existing 18 U.S.C. Sec. 831, which 
implemented the original CPPNM as well as additional 
prohibitions regarding nuclear material. However, the existing 
statutory coverage is not entirely coextensive with the 
offenses set forth in the new treaties. For example, the 
possession of radioactive material other than nuclear material, 
or threatening to cause damage to a nuclear facility, with the 
intent to cause death or serious bodily injury, damage to 
property or the environment, or to compel a person, 
international organization, or country to do or refrain from 
doing such an act, may not be prohibited by existing law.
    Section 2332i(a) would therefore implement the provisions 
in Articles 2 and 5(a) of the NTC by creating two new criminal 
offenses regarding the possession and use of radioactive 
material, along with criminalizing, as required by the two 
treaties, attempts, threats, and conspiracies to commit the 
offenses. The provisions on damaging or interfering with a 
nuclear facility would also implement the CPPNM amendment's 
provision on nuclear facility sabotage. While nuclear facility 
sabotage is also addressed at 42 U.S.C. Sec. 2284, that statute 
does not include a jurisdictional provision for offenders 
``found in'' the United States and thus would not fully 
implement the obligations of the CPPNM amendment.
    Specifically, section 2332i(a)(1)(A) would make it a 
criminal offense to knowingly possess radioactive material or 
make or possess a nuclear explosive, radiation exposure device 
or radiological dispersal device, with the intent to cause 
death or serious bodily injury or substantial damage to 
property or the environment. Section 2332i(a)(1)(B) would make 
it a criminal offense to knowingly use radioactive material or 
a nuclear explosive or radiological dispersal device or 
radiation exposure device, or damage or interfere with a 
nuclear facility in a manner that risks or causes contamination 
or exposure to radioactive material or radiation, with the 
intent to cause death or serious bodily injury or substantial 
damage to property or the environment, or with the knowledge 
that such effect is likely. With respect to this offense, the 
acts may also constitute offenses if they are done with the 
intent to compel a person, international organization, or state 
to do or refrain from doing an act. These offenses implement 
the NTC Article 2(1) and the acts of sabotage described in the 
amendment to Article 7 of the CPPNM. The CPPNM amendment also 
includes a specific exception for such sabotage acts 
``undertaken in conformity with the national law of the State 
Party in the territory of which the nuclear facility is 
situated.'' Such an exception would protect, for example, first 
responders but is not necessary in domestic law because the 
statute only criminalizes unlawful activity. Moreover, the 
government would not prosecute first responders for acts within 
their official duties in responding to an incident.
    Section 2332i(a)(2) would criminalize a threat to commit 
either offense in subsection (a)(1) and a demand for possession 
of or access to radioactive material, a nuclear explosive, or a 
radiological dispersal device or a radiation exposure device or 
a nuclear facility by means of a threat or use of force. This 
language implements Article 2(2) of the NTC, with slightly 
different but equivalent language for purposes of U.S. law. It 
also implements the threat provision of the CPPNM amendment as 
applied to nuclear facility sabotage. Threats to commit the 
other acts identified in the CPPNM amendment are criminalized 
at 18 U.S.C. Sec. 831.
    Section 2332i(a)(3) would criminalize attempts to commit 
the offenses in subsection (a)(1) and conspiracies to commit 
the offenses in subsections (a)(1) and (a)(2). This language 
implements Article 2(3) and 2(4) of the NTC, as well as the 
amendment to Article 7 of the CPPNM as it pertains to sabotage 
attempts and participation. Attempts to threaten are not 
included in the NTC and therefore not included in the 
legislation. The NTC and CPPNM amendment do include the offense 
of ``participation'' in an attempt, but the legislation does 
not criminalize conspiracy to attempt since the crime does not 
have an analogue in U.S. law. Statutory provisions for 
conspiracy and attempt, as well as aiding and abetting 
liability through 18 U.S.C. Sec. 2, are sufficient to implement 
the conventions' provisions on attempt and participation.
    Section 2332i(b) would create jurisdiction for the offenses 
in subsection (a). Article 9 of the NTC and Article 8 of the 
CPPNM require jurisdiction over offenses occurring on the 
territory of a signatory, on board vessels flying the flag of a 
signatory, and on aircraft registered in a signatory, and over 
offenses committed by nationals of a signatory. Subsections 
(b)(1), (b)(2)(A), and (b)(2)(B) implement these jurisdictional 
grounds in the new legislation and include the special aircraft 
jurisdiction of the United States. The statute uses the term 
``vessel of the United States'' and ``vessel subject to the 
jurisdiction of the United States'' (both terms defined in 46 
U.S.C. Sec. 70502) to define jurisdiction over vessels. The 
treaties also require that a State Party establish jurisdiction 
over the offenses in cases where the alleged offender is 
present in its territory and it does not extradite that person 
to a State Party that has implemented procedures in compliance 
with the treaties. Accordingly, the statute includes in 
subsection (b)(4) jurisdiction if an offender is found in the 
United States. The NTC also permits jurisdiction in a number of 
other cases, which this legislation adopts. There is 
jurisdiction over offenses committed against a U.S. national 
abroad; by a stateless person whose habitual residence is in 
the United States; against state or government facilities 
abroad; or in an attempt to compel the United States to do or 
abstain from doing any act.
    In most respects, the adoption of these bases of 
jurisdiction parallels those in 18 U.S.C. Sec. 831, which 
implements the United States' obligations under the CPPNM. 
There are nevertheless a few differences. First, 18 U.S.C. 
Sec. 831 includes jurisdiction based on import or export 
activities, in accordance with the CPPNM. This jurisdictional 
basis, however, is not included in the NTC and therefore not 
included in section 2332i.
    Section 2332i(c) would impose penalties for the commission 
of the offenses in subsection (a), in accordance with the 
obligation under Article 5(b) of the NTC and Article 7 of the 
CPPNM. The penalties prescribed here are a fine of not more 
than $2,000,000 and imprisonment for any term of years or life.
    Section 2332i(d) deals with nonapplicability. Article 4(2) 
of the NTC and the amendment to Article 2 of the CPPNM specify 
that activities of armed forces are not covered by the 
conventions. The statutory exemption in section 2332i(d) 
implements this exception. The statute draws on the definition 
of ``military forces of a state'' used in the Nuclear Terrorism 
Convention, Paragraph 6 of Article I. Consistent with the 
understandings included in the instruments of ratification for 
both the NTC and CPNNM (Treaty Doc. 110-4 at IX and Treaty Doc. 
110-6 at 7) and with the Administration's interpretation of 18 
U.S.C. 2332f, the exemption in section 2332i(d) is understood 
to include civilians who direct or organize the official 
activities of military forces of a State.
    Section 2332i(e) defines relevant terms in the section, 
most importantly, ``radioactive material,'' ``nuclear 
material,'' ``nuclear facility,'' and ``device.'' The 
definitions of ``radioactive material'' and ``device'' are 
adopted directly from the NTC. The definition of ``nuclear 
material'' is adopted from existing section 831(f) in order to 
provide consistency among the statutes. It is slightly broader 
than the definition in the CPPNM or the NTC because it covers 
all plutonium, rather than ``plutonium, except that with 
isotopic concentration exceeding 80 percent in plutonium-238.'' 
When amending section 831 in 1996, Congress expanded the 
definition in that statute beyond the CPPNM definition in order 
to address other hazardous materials that might be used in 
radioactive dispersal devices or in other terrorist activity.
    The definition of ``nuclear facility'' is adopted partly 
from the NTC, in subsections (e)(6)(A) and (e)(6)(B), and 
partly, in subsection (e)(6)(C), from the definition of the 
same term in the CPPNM amendment because the statute covers 
offenses from both conventions involving nuclear facilities. A 
nuclear facility would include a nuclear reactor or plant used 
for nuclear material, as well as a conveyance for radioactive 
material. It would also include facilities that use nuclear 
material, provided that damage to or interference with the 
facility could lead to a significant release of radiation or 
radioactive material.
Sec. 812--Amendment to Section 831 of Title 18 of the U.S. Code.
    Section 831 is amended to implement certain provisions of 
the CPPNM amendment. New subsection (a)(3) would criminalize 
the additional acts of nuclear smuggling required to be 
prohibited under the CPPNM amendment As with the other offenses 
in section 831, since 1996, slightly more material would be 
covered in the statute than in the treaty: section 831 includes 
``nuclear byproduct material'' where the CPPNM does not, and 
section 831, as explained above, has a somewhat broader 
definition of nuclear material than the CPPNM. Congress's 
findings in 1996 supported this expansion.
    Renumbered subsection (a)(8) retains the previous attempt 
offenses and adds an attempt offense with respect to the new 
smuggling offense (new subsection (a)(3)), consistent with the 
CPPNM amendment. Renumbered subsection (a)(9) would include 
conspiracies to commit the substantive offenses criminalized in 
the statute, as required by the CPPNM and its amendment.
    The jurisdictional provisions in subsection (c) would be 
expanded to include some of the grounds listed in the new 
section 2332i to promote consistency in the implementation of 
these two conventions and the full assertion of permissible 
authority over potential nuclear material offenses. The 
amendment would add, consistent with section 2332i, 
jurisdiction over offenses committed by stateless persons with 
their habitual residence in the United States. It would also 
extend jurisdiction over offenses against state or government 
facilities abroad and offenses committed on board an aircraft 
or vessel registered in the United States. Simpler language 
borrowed from the new section 2332i would replace current 
subsection (c)(5) to achieve the same effect of jurisdiction 
over terrorist acts done to influence the United States 
government or that constitute a threat directed at the United 
States.
    Similarly to section 2332i(d), and elsewhere in this Act, a 
new subsection (d) in section 831 would provide exemptions to 
jurisdiction for activities of armed forces, implementing the 
amendment to Article 2 of the CPPNM. The statute also draws on 
the definition of ``military forces of a state'' used in the 
Nuclear Terrorism Convention, Paragraph 6 of Article I. 
Consistent with the understandings included in the instruments 
of ratification for both the NTC and CPNNM (Treaty Doc. 110-4 
at IX and Treaty Doc. 110-6 at 7) and with the interpretation 
of 18 U.S.C. 2332f, the exemption in section 2332i(d) is 
understood to include civilians who direct or organize the 
official activities of military forces of a State.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

             FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

     Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
this Act may be cited as the ``Foreign Intelligence 
Surveillance Act of 1978''.

                            TABLE OF CONTENTS

     * * * * * * *

  TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

     * * * * * * *

                    [TITLE VI--REPORTING REQUIREMENT

                           TITLE VI--OVERSIGHT

     * * * * * * *
Sec. 602. Declassification of significant decisions, orders, and 
          opinions.
Sec. 603. Annual reports.
Sec. 604. Public reporting by persons subject to orders.
     * * * * * * *

 TITLE I--ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN 
                         INTELLIGENCE PURPOSES

                              definitions

    Sec. 101. As used in this title:
            (a) ``Foreign power'' means--
                    (1) a foreign government or any component, 
                thereof, whether or not recognized by the 
                United States;
                    (2) a faction of a foreign nation or 
                nations, not substantially composed of United 
                States persons;
                    (3) an entity that is openly acknowledged 
                by a foreign government or governments to be 
                directed and controlled by such foreign 
                government or governments;
                    (4) a group engaged in international 
                terrorism or activities in preparation 
                therefor;
                    (5) a foreign-based political organization, 
                not substantially composed of United States 
                persons;
                    (6) an entity that is directed and 
                controlled by a foreign government or 
                governments; or
                    (7) an entity not substantially composed of 
                United States persons that is engaged in the 
                international proliferation of weapons of mass 
                destruction.
            (b) ``Agent of a foreign power'' means--
                    (1) any person other than a United States 
                person, who--
                            (A) acts in the United States as an 
                        officer or employee of a foreign power, 
                        or as a member of a foreign power as 
                        defined in subsection (a)(4), 
                        irrespective of whether the person is 
                        inside the United States;
                            (B) acts for or on behalf of a 
                        foreign power which engages in 
                        clandestine intelligence activities in 
                        the United States contrary to the 
                        interests of the United States, when 
                        the circumstances [of such person's 
                        presence in the United States] indicate 
                        that such person may engage in [such 
                        activities in the United States] such 
                        activities, or when such person 
                        knowingly aids or abets any person in 
                        the conduct of such activities or 
                        knowingly conspires with any person to 
                        engage in such activities;
                            (C) engages in international 
                        terrorism or activities in preparation 
                        therefore;
                            (D) engages in the international 
                        proliferation of weapons of mass 
                        destruction, or activities in 
                        preparation therefor; or
                            [(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]
                            (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
                    (2) any person who--
                            (A) knowingly engages in 
                        clandestine intelligence gathering 
                        activities for or on behalf of a 
                        foreign power, which activities involve 
                        or may involve a violation of the 
                        criminal statutes of the United States;
                            (B) pursuant to the direction of an 
                        intelligence service or network of a 
                        foreign power, knowingly engages in any 
                        other clandestine intelligence 
                        activities for or on behalf of such 
                        foreign power, which activities involve 
                        or are about to involve a violation of 
                        the criminal statutes of the United 
                        States;
                            (C) knowingly engages in sabotage 
                        or international terrorism, or 
                        activities that are in preparation 
                        therefor, for or on behalf of a foreign 
                        power;
                            (D) knowingly enters the United 
                        States under a false or fraudulent 
                        identity for or on behalf of a foreign 
                        power or, while in the United States, 
                        knowingly assumes a false or fraudulent 
                        identity for or on behalf of a foreign 
                        power; or
                            (E) knowingly aids or abets any 
                        person in the conduct of activities 
                        described in subparagraph (A), (B), or 
                        (C) or knowingly conspires with any 
                        person to engage in activities 
                        described in subparagraph (A), (B), or 
                        (C).
            (c) ``International terrorism'' means activities 
        that--
                    (1) involve violent acts or acts dangerous 
                to human life that are a violation of the 
                criminal laws of the United States or of any 
                State, or that would be a criminal violation if 
                committed within the jurisdiction of the United 
                States or any State;
                    (2) appear to be intended--
                            (A) to intimidate or coerce a 
                        civilian population;
                            (B) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                            (C) to affect the conduct of a 
                        government by assassination or 
                        kidnapping; and
                    (3) occur totally outside the United 
                States, or transcend national boundaries in 
                terms of the means by which they are 
                accomplished, the persons they appear intended 
                to coerce or intimidate, or the locale in which 
                their perpetrators operate or seek asylum.
            (d) ``Sabotage'' means activities that involve a 
        violation of chapter 105 of title 18, United States 
        Code, or that would involve such a violation if 
        committed against the United States.
            (e) ``Foreign intelligence information'' means--
                    (1) information that relates to, and if 
                concerning a United States person is necessary 
                to, the ability of the United States to protect 
                against--
                            (A) actual or potential attack or 
                        other grave hostile acts of a foreign 
                        power or an agent of a foreign power;
                            (B) sabotage, international 
                        terrorism, or the international 
                        proliferation of weapons of mass 
                        destruction by a foreign power or an 
                        agent of a foreign power; or
                            (C) clandestine intelligence 
                        activities by an intelligence service 
                        or network of a foreign power or by an 
                        agent of a foreign power; or
                    (2) information with respect to a foreign 
                power or foreign territory that relates to, and 
                if concerning a United States person is 
                necessary to--
                            (A) the national defense or the 
                        security of the United States; or
                            (B) the conduct of the foreign 
                        affairs of the United States.
            (f) ``Electronic surveillance'' means--
                    (1) the acquisition by an electronic, 
                mechanical, or other surveillance device of the 
                contents of any wire or radio communications 
                sent by or intended to be received by a 
                particular, known United States person who is 
                in the United States, if the contents are 
                acquired by intentionally targeting that United 
                States person, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purposes;
                    (2) the acquisition by an electronic, 
                mechanical, or other surveillance device of the 
                contents of any wire communication to or from a 
                person in the United States, without the 
                consent of any party thereto, if such 
                acquisition occurs in the United States, but 
                does not include the acquisition of those 
                communications of computer trespassers that 
                would be permissible under section 2511(2)(i) 
                of title 18, United States Code;
                    (3) the intentional acquisition by an 
                electronic, mechanical, or other surveillance 
                device of the contents of any radio 
                communication, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purposes, and if both the sender 
                and all intended recipients are located within 
                the United States; or
                    (4) the installation or use of an 
                electronic, mechanical, or other surveillance 
                device in the United States for monitoring to 
                acquire information, other than from a wire or 
                radio communication, under circumstances in 
                which a person has a reasonable expectation of 
                privacy and a warrant would be required for law 
                enforcement purposes.
            (g) ``Attorney General'' means the Attorney General 
        of the United States (or Acting Attorney General), the 
        Deputy Attorney General, or, upon the designation of 
        the Attorney General, the Assistant Attorney General 
        designated as the Assistant Attorney General for 
        National Security under section 507A of title 28, 
        United States Code.
            (h) ``Minimization procedures'', with respect to 
        electronic surveillance, means--
                    (1) specific procedures, which shall be 
                adopted by the Attorney General, that are 
                reasonably designed in light of the purpose and 
                technique of the particular surveillance, to 
                minimize the acquisition and retention, and 
                prohibit the dissemination, of nonpublicly 
                available information concerning unconsenting 
                United States persons consistent with the need 
                of the United States to obtain, produce, and 
                disseminate foreign intelligence information;
                    (2) procedures that require that 
                nonpublicly available information, which is not 
                foreign intelligence information, as defined in 
                subsection (e)(1), shall not be disseminated in 
                a manner that identifies any United States 
                person, without such person's consent, unless 
                such person's identity is necessary to 
                understand foreign intelligence information or 
                assess its importance;
                    (3) notwithstanding paragraphs (1) and (2), 
                procedures that allow for the retention and 
                dissemination of information that is evidence 
                of a crime which has been, is being, or is 
                about to be committed and that is to be 
                retained or disseminated for law enforcement 
                purposes; and
                    (4) notwithstanding paragraphs (1), (2), 
                and (3), with respect to any electronic 
                surveillance approved pursuant to section 
                102(a), procedures that require that no 
                contents of any communication to which a United 
                States person is a party shall be disclosed, 
                disseminated, or used for any purpose or 
                retained for longer than 72 hours unless a 
                court order under section 105 is obtained or 
                unless the Attorney General determines that the 
                information indicates a threat of death or 
                serious bodily harm to any person.
            (i) ``United States person'' means a citizen of the 
        United States, an alien lawfully admitted for permanent 
        residence (as defined in section 101(a)(20) of the 
        Immigration and Nationality Act), an unincorporated 
        association a substantial number of members of which 
        are citizens of the United States or aliens lawfully 
        admitted for permanent residence, or a corporation 
        which is incorporated in the United States, but does 
        not include a corporation or an association which is a 
        foreign power, as defined in subsection (a) (1), (2), 
        or (3).
            (j) ``United States'', when used in a geographic 
        sense, means all areas under the territorial 
        sovereignty of the United States and the Trust 
        Territory of the Pacific Islands.
            (k) ``Aggrieved person'' means a person who is the 
        target of an electronic surveillance or any other 
        person whose communications or activities were subject 
        to electronic surveillance.
            (l) ``Wire communication'' means any communications 
        while it is being carried by a wire, cable, or other 
        like connection furnished or operated by any person 
        engaged as a common carrier in providing or operating 
        such facilities for the transmission of interstate or 
        foreign communications.
            (m) ``Person'' means any individual, including any 
        officer or employee of the Federal Government, or any 
        group, entity, association, corporation, or foreign 
        power.
            (n) ``Contents'', when used with respect to a 
        communication, includes any information concerning the 
        identity of the parties to such communications or the 
        existence, substance, purport, or meaning of that 
        communication.
            (o) ``State'' means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Trust Territory of the Pacific Islands, an 
        any territory or possession of the United States.
            (p) ``Weapon of mass destruction'' means--
                    (1) any explosive, incendiary, or poison 
                gas device that is designed, intended, or has 
                the capability to cause a mass casualty 
                incident;
                    (2) any weapon that is designed, intended, 
                or has the capability to cause death or serious 
                bodily injury to a significant number of 
                persons through the release, dissemination, or 
                impact of toxic or poisonous chemicals or their 
                precursors;
                    (3) any weapon involving a biological 
                agent, toxin, or vector (as such terms are 
                defined in section 178 of title 18, United 
                States Code) that is designed, intended, or has 
                the capability to cause death, illness, or 
                serious bodily injury to a significant number 
                of persons; or
                    (4) any weapon that is designed, intended, 
                or has the capability to release radiation or 
                radioactivity causing death, illness, or 
                serious bodily injury to a significant number 
                of persons.

           *       *       *       *       *       *       *


                         designation of judges

    Sec. 103. (a)(1) The Chief Justice of the United States 
shall publicly designate 11 district court judges from at least 
seven of the United States judicial circuits of whom no fewer 
than 3 shall reside within 20 miles of the District of Columbia 
who shall constitute a court which shall have jurisdiction to 
hear applications for and grant orders approving electronic 
surveillance anywhere within the United States under the 
procedures set forth in this Act, except that no judge 
designated under this subsection (except when sitting en banc 
under paragraph (2)) shall hear the same application for 
electronic surveillance under this Act which has been denied 
previously by another judge designated under this subsection. 
If any judge so designated denies an application for an order 
authorizing electronic surveillance under this Act, such judge 
shall provide immediately for the record a written statement of 
each reason for his decision and, on motion of the United 
States, the record shall be transmitted, under seal, to the 
court of review established in subsection (b).
    (2)(A) The court established under this subsection may, on 
its own initiative, or upon the request of the Government in 
any proceeding or a party under section 501(f) or paragraph (4) 
or (5) of section 702(h), hold a hearing or rehearing, en banc, 
when ordered by a majority of the judges that constitute such 
court upon a determination that--
            (i) en banc consideration is necessary to secure or 
        maintain uniformity of the court's decisions; or
            (ii) the proceeding involves a question of 
        exceptional importance.
    (B) Any authority granted by this Act to a judge of the 
court established under this subsection may be exercised by the 
court en banc. When exercising such authority, the court en 
banc shall comply with any requirements of this Act on the 
exercise of such authority.
    (C) For purposes of this paragraph, the court en banc shall 
consist of all judges who constitute the court established 
under this subsection.
    (b) The Chief Justice shall publicly designate three 
judges, one of whom shall be publicly designate as the 
presiding judge, from the United States district courts or 
courts of appeals who together shall comprise a court of review 
which shall have jurisdiction to review the denial of any 
application made under this Act. If such court determines that 
the application was properly denied, the court shall 
immediately provide for the record a written statement of each 
reason for its decision and, on petition of the United States 
for a writ of certiorari, the record shall be transmitted under 
seal to the Supreme Court, which shall have jurisdiction to 
review such decision.
    (c) Proceedings under this Act shall be conducted as 
expeditiously as possible. The record of proceedings under this 
Act, including applications made and orders granted, shall be 
maintained under security measures established by the Chief 
Justice in consultation with the Attorney General and the 
Director of National Intelligence.
    (d) Each judge designated under this section shall so serve 
for a maximum of seven years and shall not be eligible for 
redesignation, except that the judges first designated under 
subsection (a) shall be designated for terms of from one to 
seven years so that one term expires each year, and that judges 
first designated under subsection (b) shall be designated for 
terms of three, five, and seven years.
    (e)(1) Three judges designated under subsection (a) who 
reside within 20 miles of the District of Columbia, or, if all 
of such judges are unavailable, other judges of the court 
established under subsection (a) as may be designated by the 
presiding judge of such court, shall comprise a petition review 
pool which shall have jurisdiction to review petitions filed 
pursuant to section 501(f)(1) or 702(h)(4).
    (2) Not later than 60 days after the date of the enactment 
of the USA PATRIOT Improvement and Reauthorization Act of 2005, 
the court established under subsection (a) shall adopt and, 
consistent with the protection of national security, publish 
procedures for the review of petitions filed pursuant to 
section 501(f)(1) or 702(h)(4) by the panel established under 
paragraph (1). Such procedures shall provide that review of a 
petition shall be conducted in camera and shall also provide 
for the designation of an acting presiding judge.
    (f)(1) A judge of the court established under subsection 
(a), the court established under subsection (b) or a judge of 
that court, or the Supreme Court of the United States or a 
justice of that court, may, in accordance with the rules of 
their respective courts, enter a stay of an order or an order 
modifying an order of the court established under subsection 
(a) or the court established under subsection (b) entered under 
any title of this Act, while the court established under 
subsection (a) conducts a rehearing, while an appeal is pending 
to the court established under subsection (b), or while a 
petition of certiorari is pending in the Supreme Court of the 
United States, or during the pendency of any review by that 
court.
    (2) The authority described in paragraph (1) shall apply to 
an order entered under any provision of this Act.
    (g)(1) The courts established pursuant to subsections (a) 
and (b) may establish such rules and procedures, and take such 
actions, as are reasonably necessary to administer their 
responsibilities under this Act.
    (2) The rules and procedures established under paragraph 
(1), and any modifications of such rules and procedures, shall 
be recorded, and shall be transmitted to the following:
            (A) All of the judges on the court established 
        pursuant to subsection (a).
            (B) All of the judges on the court of review 
        established pursuant to subsection (b).
            (C) The Chief Justice of the United States.
            (D) The Committee on the Judiciary of the Senate.
            (E) The Select Committee on Intelligence of the 
        Senate.
            (F) The Committee on the Judiciary of the House of 
        Representatives.
            (G) The Permanent Select Committee on Intelligence 
        of the House of Representatives.
    (3) The transmissions required by paragraph (2) shall be 
submitted in unclassified form, but may include a classified 
annex.
    (h) Nothing in this Act shall be construed to reduce or 
contravene the inherent authority of the court established 
under subsection (a) to determine or enforce compliance with an 
order or a rule of such court or with a procedure approved by 
such court.
    (i) Amicus Curiae.--
            (1) 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
                    (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)(A), the amicus 
                curiae--
                            (i) shall have access to all 
                        relevant legal precedent, and any 
                        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 amicus curiae 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 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) Review of FISA Court Decisions.--Following issuance of 
an order under this Act, a court established under subsection 
(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.

           *       *       *       *       *       *       *


                          issuance of an order

    Sec. 105. (a) Upon an application made pursuant to section 
104, the judge shall enter an ex parte order as requested or as 
modified approving the electronic surveillance if he finds 
that--
            (1) the application has been made by a Federal 
        officer and approved by the Attorney General;
            (2) on the basis of the facts submitted by the 
        applicant there is probable cause to believe that--
                    (A) the target of the electronic 
                surveillance is a foreign power or an agent of 
                a foreign power: Provided, That no United 
                States person may be considered a foreign power 
                or an agent of a foreign power solely upon the 
                basis of activities protected by the first 
                amendment to the Constitution of the United 
                States; and
                    (B) each of the facilities or places at 
                which the electronic surveillance is directed 
                is being used, or is about to be used, by a 
                foreign power or an agent of a foreign power;
            (3) the proposed minimization procedures meet the 
        definition of minimization procedures under section 
        101(h); and
            (4) the application which has been filed contains 
        all statements and certifications required by section 
        104 and, if the target is a United States person, the 
        certification or certifications are not clearly 
        erroneous on the basis of the statement made under 
        section 104(a)(7)(E) and any other information 
        furnished under section 104(d).
    (b) In determining whether or not probable cause exists for 
purposes of an order under subsection (a)(2), a judge may 
consider past activities of the target, as well as facts and 
circumstances relating to current or future activities of the 
target.
    (c)(1) specifications.--An order approving an electronic 
surveillance under this section shall specify--
                    (A) the identity, if known, or a 
                description of the specific target of the 
                electronic surveillance identified or described 
                in the application pursuant to section 
                104(a)(3);
                    (B) the nature and location of each of the 
                facilities or places at which the electronic 
                surveillance will be directed, if known;
                    (C) the type of information sought to be 
                acquired and the type of communications or 
                activities to be subjected to the surveillance;
                    (D) the means by which the electronic 
                surveillance will be effected and whether 
                physical entry will be used to effect the 
                surveillance; and
                    (E) the period of time during which the 
                electronic surveillance is approved.
            (2) Directions.--An order approving an electronic 
        surveillance under this section shall direct--
                    (A) that the minimization procedures be 
                followed;
                    (B) that, upon the request of the 
                applicant, a specified communication or other 
                common carrier, landlord, custodian, or other 
                specified person, or in circumstances where the 
                Court finds, based upon specific facts provided 
                in the application, that the actions of the 
                target of the application may have the effect 
                of thwarting the identification of a specified 
                person, such other persons, furnish the 
                applicant forthwith all information, 
                facilities, or technical assistance necessary 
                to accomplish the electronic surveillance in 
                such a manner as will protect its secrecy and 
                produce a minimum of interference with the 
                services that such carrier, landlord, 
                custodian, or other person is providing that 
                target of electronic surveillance;
                    (C) that such carrier, landlord, custodian, 
                or other person maintain under security 
                procedures approved by the Attorney General and 
                the Director of National Intelligence any 
                records concerning the surveillance or the aid 
                furnished that such person wishes to retain; 
                and
                    (D) that the applicant compensate, at the 
                prevailing rate, such carrier, landlord, 
                custodian, or other person for furnishing such 
                aid.
            (3) Special directions for certain orders.--An 
        order approving an electronic surveillance under this 
        section in circumstances where the nature and location 
        of each of the facilities or places at which the 
        surveillance will be directed is unknown shall direct 
        the applicant to provide notice to the court within ten 
        days after the date on which surveillance begins to be 
        directed at any new facility or place, unless the court 
        finds good cause to justify a longer period of up to 60 
        days, of--
                    (A) the nature and location of each new 
                facility or place at which the electronic 
                surveillance is directed;
                    (B) the facts and circumstances relied upon 
                by the applicant to justify the applicant's 
                belief that each new facility or place at which 
                the electronic surveillance is directed is or 
                was being used, or is about to be used, by the 
                target of the surveillance;
                    (C) a statement of any proposed 
                minimization procedures that differ from those 
                contained in the original application or order, 
                that may be necessitated by a change in the 
                facility or place at which the electronic 
                surveillance is directed; and
                    (D) the total number of electronic 
                surveillances that have been or are being 
                conducted under the authority of the order.
    (d)(1) An order issued under this section may approve an 
electronic surveillance for the period necessary to achieve its 
purpose, or for ninety days, whichever is less, except that (A) 
an order under this section shall approve an electronic 
surveillance targeted against a foreign power, as defined in 
section 101(a), (1), (2), or (3), for the period specified in 
the application or for one year, whichever is less, and (B) an 
order under this Act for a surveillance targeted against an 
agent of a foreign power who is not a United States person may 
be for the period specified in the application or for 120 days, 
whichever is less.
    (2) Extensions of an order issued under this title may be 
granted on the same basis as an original order upon an 
application for an extension and new findings made in the same 
manner as required for an original order, except that (A) an 
extension of an order under this Act for a surveillance 
targeted against a foreign power, a defined in paragraph (5), 
(6), or (7) of section 101(a), or against a foreign power as 
defined in section 101(a)(4) that is not a United States 
person, may be for a period not to exceed one year if the judge 
finds probable cause to believe that no communication of any 
individual United States person will be acquired during the 
period, and (B) an extension of an order under this Act for a 
surveillance targeted against an agent of a foreign power who 
is not a United States person may be for a period not to exceed 
1 year.
    (3) At or before the end of the period of time for which 
electronic surveillance is approved by an order or an 
extension, the judge may assess compliance with the 
minimization procedures by reviewing the circumstances under 
which information concerning United States persons was 
acquired, retained, or disseminated.
    (e)(1) Notwithstanding any other provision of this title, 
the Attorney General may authorize the emergency employment of 
electronic surveillance if the Attorney General--
            (A) reasonably determines that an emergency 
        situation exists with respect to the employment of 
        electronic surveillance to obtain foreign intelligence 
        information before an order authorizing such 
        surveillance can with due diligence be obtained;
            (B) reasonably determines that the factual basis 
        for the issuance of an order under this title to 
        approve such electronic surveillance exists;
            (C) informs, either personally or through a 
        designee, a judge having jurisdiction under section 103 
        at the time of such authorization that the decision has 
        been made to employ emergency electronic surveillance; 
        and
            (D) makes an application in accordance with this 
        title to a judge having jurisdiction under section 103 
        as soon as practicable, but not later than 7 days after 
        the Attorney General authorizes such surveillance.
    (2) If the Attorney General authorizes the emergency 
employment of electronic surveillance under paragraph (1), the 
Attorney General shall require that the minimization procedures 
required by this title for the issuance of a judicial order be 
followed.
    (3) In the absence of a judicial order approving such 
electronic surveillance, the surveillance 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 of authorization by the Attorney General, whichever is 
earliest.
    (4) A denial of the application made under this subsection 
may be reviewed as provided in section 103.
    (5) In the event that such application for approval is 
denied, or in any other case where the electronic surveillance 
is terminated and no order is issued approving the 
surveillance, no information obtained or evidence derived from 
such surveillance 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 
from such surveillance 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.
    (6) The Attorney General shall assess compliance with the 
requirements of paragraph (5).
    (f)(1) 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--
            (A) 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) 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) 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) Paragraphs (5) and (6) of subsection (e) shall apply to 
this subsection.
    [(f)] (g) Notwithstanding any other provision of this 
title, officers, employees, or agents of the United States are 
authorized in the normal course of their official duties to 
conduct electronic surveillance not targeted against the 
communications of any particular person or persons, under 
procedures approved by the Attorney General, solely to--
            (1) test the capability of electronic equipment, 
        if--
                    (A) it is not reasonable to obtain the 
                consent of the persons incidentally subjected 
                to the surveillance;
                    (B) the test is limited in extent and 
                duration to that necessary to determine to 
                capability of the equipment;
                    (C) the contents of any communication 
                acquired are retained and used only for the 
                purpose of determining the capability of the 
                equipment, are disclosed only to test 
                personnel, and are destroyed before or 
                immediately upon completion of the test; and
                    (D) Provided, That the test may exceed 
                ninety days only with the prior approval of the 
                Attorney General;
            (2) determine the existence and capability of 
        electronic surveillance equipment being used by persons 
        not authorized to conduct electronic surveillance, if--
                    (A) it is not reasonable to obtain the 
                consent of persons incidentally subjected to 
                the surveillance;
                    (B) such electronic surveillance is limited 
                in extent and duration to that necessary to 
                determine the existence and capability of such 
                equipment; and
                    (C) any information acquired by such 
                surveillance is used only to enforce chapter 
                119 of title 18, United States Code, or section 
                705 of the Communications Act of 1934, or to 
                protect information from unauthorized 
                surveillance; or
            (3) train intelligence personnel in the use of 
        electronic surveillance equipment, if--
                    (A) it is not reasonable to--
                            (i) obtain the consent of the 
                        persons incidentally subjected to the 
                        surveillance;
                            (ii) train persons in the course of 
                        surveillances otherwise authorized by 
                        this title; or
                            (iii) train persons in the use of 
                        such equipment without engaging in 
                        electronic surveillance;
                    (B) such electronic surveillance is limited 
                in extent and duration to that necessary to 
                train the personnel in the use of the 
                equipment; and
                    (C) no contents of any communication 
                acquired are retained or disseminated for any 
                purpose, but are destroyed as soon as 
                reasonably possible.
    [(g)] (h) Certifications made by the Attorney General 
pursuant to section 102(a) and applications made and orders 
granted under this title shall be retained for a period of at 
least ten years from the date of the certification or 
application.
    [(h)] (i) No cause of action shall lie in any court against 
any provider of a wire or electronic communication service, 
landlord, custodian, or other person (including any officer, 
employee, agent, or other specified person thereof) that 
furnishes any information, facilities, or technical assistance 
in accordance with a court order or request for emergency 
assistance under this Act for electronic surveillance or 
physical search.
    [(i)] (j) In any case in which the Government makes an 
application to a judge under this title to conduct electronic 
surveillance involving communications and the judge grants such 
application, upon the request of the applicant, the judge shall 
also authorize the installation and use of pen registers and 
trap and trace devices, and direct the disclosure of the 
information set forth in section 402(d)(2).

                           use of information

    Sec. 106. (a) Information acquired from an electronic 
surveillance conducted pursuant to this title concerning any 
United States person may be used and disclosed by Federal 
officers and employees without the consent of the United States 
person only in accordance with the minimization procedures 
required by this title. No otherwise privileged communication 
obtained in accordance with, or in violation of, the provisions 
of this title shall lose its privileged character. No 
information acquired from an electronic surveillance pursuant 
to this title may be used or disclosed by Federal officers or 
employees except for lawful purposes.
    (b) No information acquired pursuant to this title shall be 
disclosed for law enforcement purposes unless such disclosure 
is accompanied by a statement that such information, or any 
information derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the Attorney 
General.
    (c) Whenever the Government intends to enter into evidence 
or otherwise use or disclose in any trial, hearing, or other 
proceeding in or before any court, department, officer, agency, 
regulatory body, or other authority of the United States, 
against an aggrieved person, any information obtained or 
derived from an electronic surveillance of that aggrieved 
person pursuant to the authority of this title, the Government 
shall, prior to the trial, hearing, or other proceeding or at a 
reasonable time prior to an effort to so disclose or so use 
that information or submit it in evidence, notify the aggrieved 
person and the court or other authority in which the 
information is to be disclosed or used that the Government 
intends to so disclose or so use such information.
    (d) Whenever any State or political subdivision thereof 
intends to enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before any court, 
department, officer, agency, regulatory body, or other 
authority of a State or a political subdivision thereof, 
against an aggrieved person any information obtained or derived 
from an electronic surveillance of that aggrieved person 
pursuant to the authority of this title, the State or political 
subdivision thereof shall notify the aggrieved person, the 
court or other authority in which the information is to be 
disclosed or used, and the Attorney General that the State or 
political subdivision thereof intends to so disclose or so use 
such information.
    (e) Any person against whom evidence obtained or derived 
from an electronic surveillance to which he is an aggrieved 
person is to be, or has been, introduced or otherwise used or 
disclosed in any trial, hearing, or other proceeding in or 
before any court, department, officer, agency, regulatory body, 
or other authority of the United States, a State, or a 
political subdivision thereof, may move to suppress the 
evidence obtained or derived from such electronic surveillance 
on the grounds that--
            (1) the information was unlawfully acquired; or
            (2) the surveillance was not made in conformity 
        with an order of authorization or approval.
Such a motion shall be made before the trial, hearing, or other 
proceeding unless there was no opportunity to make such a 
motion or the person was not aware of the grounds of the 
motion.
    (f) Whenever a court or other authority is notified 
pursuant to subsection (c) or (d), or whenever a motion is made 
pursuant to subsection (e), or whenever any motion or request 
is made by an aggrieved person pursuant to any other statute or 
rule of the United States or any State before any court or 
other authority of the United States or any State to discover 
or obtain applications or orders or other materials relating to 
electronic surveillance or to discover, obtain, or suppress 
evidence or information obtained or derived from electronic 
surveillance under this Act, the United States district court 
or, where the motion is made before another authority, the 
United States district court in the same district as the 
authority, shall, notwithstanding any other law, if the 
Attorney General files an affidavit under oath that disclosure 
or an adversary hearing would harm the national security of the 
United States, review in camera and ex parte the application, 
order, and such other materials relating to the surveillance as 
may be necessary to determine whether the surveillance of the 
aggrieved person was lawfully authorized and conducted. In 
making this determination, the court may disclose to the 
aggrieved person, under appropriate security procedures and 
protective orders, portions of the application, order, or other 
materials relating to the surveillance only where such 
disclosure is necessary to make an accurate determination of 
the legality of the surveillance.
    (g) If the United States district court pursuant to 
subsection (f) determine that the surveillance was not lawfully 
authorized or conducted, it shall, in accordance with the 
requirements of law, suppress the evidence which was unlawfully 
obtained or derived from electronic surveillance of the 
aggrieved person or otherwise grant the motion of the aggrieved 
person. If the court determines that the surveillance was 
lawfully authorized and conducted, it shall deny the motion of 
the aggrieved person except to the extent that due process 
requires discovery or disclosure.
    (h) Orders granting motions or requests under subsection 
(g), decisions under this section that electronic surveillance 
was not lawfully authorized or conducted, and orders of the 
United States district court requiring review or granting 
disclosure of applications, orders, or other materials relating 
to a surveillance shall be final orders and binding upon all 
courts of the United States and the several States except a 
United States court of appeals and the Supreme Court.
    (i) In circumstances involving the unintentional 
acquisition by an electronic, mechanical, or other surveillance 
device of the contents of any communication, under 
circumstances in which a person has a reasonable expectation of 
privacy and a warrant would be required for law enforcement 
purposes, and if both the sender and all intended recipients 
are located within the United States, such contents shall be 
destroyed upon recognition, unless the Attorney General 
determines that the contents indicates a threat of death or 
serious bodily harm to any person.
    (j) If an emergency employment of electronic surveillance 
is authorized under [section 105(e)] subsection (e) or (f) of 
section 105 and a subsequent order approving the surveillance 
is not obtained, the judge shall cause to be served on any 
United States person named in the application and on such other 
United States persons subject to electronic surveillance as the 
judge may determine in his discretion it is in the interest of 
justice to serve, notice of--
            (1) the fact of the application;
            (2) the period of the surveillance; and
            (3) the fact that during the period information was 
        or was not obtained.
On an ex parte showing of good cause to the judge the serving 
of the notice required by this subsection may be postponed or 
suspended for a period not to exceed ninety days. Thereafter, 
on a further ex parte showing of good cause, the court shall 
forego ordering the serving of the notice required under this 
subsection.
    (k)(1) Federal officers who conduct electronic surveillance 
to acquire foreign intelligence information under this title 
may consult with Federal law enforcement officers or law 
enforcement personnel of a State or political subdivision of a 
State (including the chief executive officer of that State or 
political subdivision who has the authority to appoint or 
direct the chief law enforcement officer of that State or 
political subdivision) to coordinate efforts to investigate or 
protect against--
            (A) actual or potential attack or other grave 
        hostile acts of a foreign power or an agent of a 
        foreign power;
            (B) sabotage, international terrorism, or the 
        international proliferation of weapons of mass 
        destruction by a foreign power or an agent of a foreign 
        power; or
            (C) clandestine intelligence activities by an 
        intelligence service or network of a foreign power or 
        by an agent of a foreign power.
    (2) Coordination authorized under paragraph (1) shall not 
preclude the certification required by section 104(a)(7)(B) or 
the entry of an order under section 105.

           *       *       *       *       *       *       *


                        congressional oversight

    Sec. 108. (a)(1) On a semiannual basis the Attorney General 
shall fully inform [the House Permanent Select Committee on 
Intelligence and the Senate Select Committee on Intelligence, 
and the Committee on the Judiciary of the Senate,] 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 concerning all electronic surveillance under this 
title. Nothing in this title shall be deemed to limit the 
authority and responsibility of the appropriate committees of 
each House of Congress to obtain such information as they may 
need to carry out their respective functions and duties.
            (2) Each report under the first sentence of 
        paragraph (1) shall include a description of--
                    (A) the total number of applications made 
                for orders and extensions of orders approving 
                electronic surveillance under this title where 
                the nature and location of each facility or 
                place at which the electronic surveillance will 
                be directed is unknown;
                    (B) each criminal case in which information 
                acquired under this Act has been authorized for 
                use at trial during the period covered by such 
                report; [and]
                    (C) the total number of emergency 
                employments of electronic surveillance under 
                section 105(e) and the total number of 
                subsequent orders approving or denying such 
                electronic surveillance[.]; and
                    (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).
    (b) On or before one year after the effective date of this 
Act and on the same day each year for four years thereafter, 
the Permanent Select Committee on Intelligence and the Senate 
Select Committee on Intelligence shall report respectively to 
the House of Representatives and the Senate, concerning the 
implementation of this Act. Said reports shall include but not 
be limited to an analysis and recommendations concerning 
whether this Act should be (1) amended, (2) repealed, or (3) 
permitted to continue in effect without amendment.

           *       *       *       *       *       *       *


   TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN 
INTELLIGENCE PURPOSES

           *       *       *       *       *       *       *


                        congressional oversight

    Sec. 306. On a semiannual basis the Attorney General shall 
fully inform the [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,] 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 concerning all physical searches 
conducted pursuant to this title. On a semiannual basis the 
Attorney General shall also provide to those committees [and 
the Committee on the Judiciary of the House of Representatives] 
a report setting forth with respect to the preceding six-month 
period--
            (1) the total number of applications made for 
        orders approving physical searches under this title;
            (2) the total number of such orders either granted, 
        modified, or denied;
            (3) the number of physical searches which involved 
        searches of the residences, offices, or personal 
        property of United States persons, and the number of 
        occasions, if any, where the Attorney General provided 
        notice pursuant to section 305(b); and
            (4) the total number of emergency physical searches 
        authorized by the Attorney General under section 304(e) 
        and the total number of subsequent orders approving or 
        denying such physical searches.

           *       *       *       *       *       *       *


    TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
                         INTELLIGENCE PURPOSES

                              definitions

    Sec. 401. As used in this title:
            (1) The terms ``foreign power'', ``agent of a 
        foreign power'', ``international terrorism'', ``foreign 
        intelligence information'', ``Attorney General'', 
        ``United States person'', ``United States'', 
        ``person'', and ``State'' shall have the same meanings 
        as in section 101 of this Act.
            (2) The terms ``pen register'' and ``trap and trace 
        device'' have the meanings given such terms in section 
        3127 of title 18, United States Code.
            (3) The term ``aggrieved person'' means any 
        person--
                    (A) whose telephone line was subject to the 
                installation or use of a pen register or trap 
                and trace device authorized by this title; or
                    (B) whose communication instrument or 
                device was subject to the use of a pen register 
                or trap and trace device authorized by this 
                title to capture incoming electronic or other 
                communications impulses.
            (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).

 pen registers and trap and trace devices for foreign intelligence and 
                 international terrorism investigations

    Sec. 402. (a)(1) Notwithstanding any other provision of 
law, the Attorney General or a designated attorney for the 
Government may make an application for an order or an extension 
of an order authorizing or approving the installation and use 
of a pen register or trap and trace device for any 
investigation to obtain foreign intelligence information not 
concerning a United States person or to protect against 
international terrorism or clandestine intelligence activities, 
provided that such investigation of a United States person is 
not conducted solely upon the basis of activities protected by 
the first amendment to the Constitution which is being 
conducted by the Federal Bureau of Investigation under such 
guidelines as the Attorney General approves pursuant to 
Executive Order No. 12333, or a successor order.
    (2) The authority under paragraph (1) is in addition to the 
authority under title I of this Act to conduct the electronic 
surveillance referred to in that paragraph.
    (b) Each application under this section shall be in writing 
under oath or affirmation to--
            (1) a judge of the court established by section 
        103(a) of this Act; or
            (2) a United States Magistrate Judge under chapter 
        43 of title 28, United States Code, who is publicly 
        designated by the Chief Justice of the United States to 
        have the power to hear applications for and grant 
        orders approving the installation and use of a pen 
        register or trap and trace device on behalf of a judge 
        of that court.
    (c) Each application under this section shall require the 
approval of the Attorney General, or a designated attorney for 
the Government, and shall include--
            (1) the identity of the Federal officer seeking to 
        use the pen register or trap and trace device covered 
        by the application[; and];
            (2) a certification by the applicant that the 
        information likely to be obtained is foreign 
        intelligence information not concerning a United States 
        person or is relevant to an ongoing investigation to 
        protect against international terrorism or clandestine 
        intelligence activities, provided that such 
        investigation of a United States person is not 
        conducted solely upon the basis of activities protected 
        by the first amendment to the Constitution[.]; and
            (3) a specific selection term to be used as the 
        basis for the use of the pen register or trap and trace 
        device.
    (d)(1) Upon an application made pursuant to this section, 
the judge shall enter an ex parte order as requested, or as 
modified, approving the installation and use of a pen register 
or trap and trace device if the judge finds that the 
application satisfies the requirements of this section.
    (2) An order issued under this section--
            (A) shall specify--
                    (i) the identity, if known, of the person 
                who is the subject of the investigation;
                    (ii) the identity, if known, of the person 
                to whom is leased or in whose name is listed 
                the telephone line or other facility to which 
                the pen register or trap and trace device is to 
                be attached or applied; and
                    (iii) the attributes of the communications 
                to which the order applies, such as the number 
                or other identifier, and, if known, the 
                location of the telephone line or other 
                facility to which the pen register or trap and 
                trace device is to be attached or applied and, 
                in the case of a trap and trace device, the 
                geographic limits of the trap and trace order;
            (B) shall direct that--
                    (i) upon request of the applicant, the 
                provider of a wire or electronic communication 
                service, landlord, custodian, or other person 
                shall furnish any information, facilities, or 
                technical assistance necessary to accomplish 
                the installation and operation of the pen 
                register or trap and trace device in such a 
                manner as will protect its secrecy and produce 
                a minimum amount of interference with the 
                services that such provider, landlord, 
                custodian, or other person is providing the 
                person concerned;
                    (ii) such provider, landlord, custodian, or 
                other person--
                            (I) shall not disclose the 
                        existence of the investigation or of 
                        the pen register or trap and trace 
                        device to any person unless or until 
                        ordered by the court; and
                            (II) shall maintain, under security 
                        procedures approved by the Attorney 
                        General and the Director of National 
                        Intelligence pursuant to section 
                        105(b)(2)(C) of this Act, any records 
                        concerning the pen register or trap and 
                        trace device or the aid furnished; and
                    (iii) the applicant shall compensate such 
                provider, landlord, custodian, or other person 
                for reasonable expenses incurred by such 
                provider, landlord, custodian, or other person 
                in providing such information, facilities, or 
                technical assistance; and
            (C) shall direct that, upon the request of the 
        applicant, the provider of a wire or electronic 
        communication service shall disclose to the Federal 
        officer using the pen register or trap and trace device 
        covered by the order--
                    (i) in the case of the customer or 
                subscriber using the service covered by the 
                order (for the period specified by the order)--
                            (I) the name of the customer or 
                        subscriber;
                            (II) the address of the customer or 
                        subscriber;
                            (III) the telephone or instrument 
                        number, or other subscriber number or 
                        identifier, of the customer or 
                        subscriber, including any temporarily 
                        assigned network address or associated 
                        routing or transmission information;
                            (IV) the length of the provision of 
                        service by such provider to the 
                        customer or subscriber and the types of 
                        services utilized by the customer or 
                        subscriber;
                            (V) in the case of a provider of 
                        local or long distance telephone 
                        service, any local or long distance 
                        telephone records of the customer or 
                        subscriber;
                            (VI) if applicable, any records 
                        reflecting period of usage (or 
                        sessions) by the customer or 
                        subscriber; and
                            (VII) any mechanisms and sources of 
                        payment for such service, including the 
                        number of any credit card or bank 
                        account utilized for payment for such 
                        service; and
                    (ii) if available, with respect to any 
                customer or subscriber of incoming or outgoing 
                communications to or from the service covered 
                by the order--
                            (I) the name of such customer or 
                        subscriber;
                            (II) the address of such customer 
                        or subscriber;
                            (III) the telephone or instrument 
                        number, or other subscriber number or 
                        identifier, of such customer or 
                        subscriber, including any temporarily 
                        assigned network address or associated 
                        routing or transmission information; 
                        and
                            (IV) the length of the provision of 
                        service by such provider to such 
                        customer or subscriber and the types of 
                        services utilized by such customer or 
                        subscriber.
    (e)(1) Except as provided in paragraph (2), an order issued 
under this section shall authorize the installation and use of 
a pen register or trap and trace device for a period not to 
exceed 90 days. Extensions of such an order may be granted, but 
only upon an application for an order under this section and 
upon the judicial finding required by subsection (d). The 
period of extension shall be for a period not to exceed 90 
days.
    (2) In the case of an application under subsection (c) 
where the applicant has certified that the information likely 
to be obtained is foreign intelligence information not 
concerning a United States person, an order, or an extension of 
an order, under this section may be for a period not to exceed 
one year.
    (f) No cause of action shall lie in any court against any 
provider of a wire or electronic communication service, 
landlord, custodian, or other person (including any officer, 
employee, agent, or other specified person thereof) that 
furnishes any information, facilities, or technical assistance 
under subsection (d) in accordance with the terms of an order 
issued under this section.
    (g) Unless otherwise ordered by the judge, the results of a 
pen register or trap and trace device shall be furnished at 
reasonable intervals during regular business hours for the 
duration of the order to the authorized Government official or 
officials.
    (h) Privacy Procedures.--
            (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. 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.

                    authorization during emergencies

    Sec. 403. (a) Notwithstanding any other provision of this 
title, when the Attorney General makes a determination 
described in subsection (b), the Attorney General may authorize 
the installation and use of a pen register or trap and trace 
device on an emergency basis to gather foreign intelligence 
information not concerning a United States person or 
information to protect against international terrorism or 
clandestine intelligence activities, provided that such 
investigation of a United States person is not conducted solely 
upon the basis of activities protected by the first amendment 
to the Constitution if--
            (1) a judge referred to in section 402(b) of this 
        Act is informed by the Attorney General or his designee 
        at the time of such authorization that the decision has 
        been made to install and use the pen register or trap 
        and trace device, as the case may be, on an emergency 
        basis; and
            (2) an application in accordance with section 402 
        of this Act is made to such judge as soon as 
        practicable, but not more than 7 days, after the 
        Attorney General authorizes the installation and use of 
        the pen register or trap and trace device, as the case 
        may be, under this section.
    (b) A determination under this subsection is a reasonable 
determination by the Attorney General that--
            (1) an emergency requires the installation and use 
        of a pen register or trap and trace device to obtain 
        foreign intelligence information not concerning a 
        United States person or information to protect against 
        international terrorism or clandestine intelligence 
        activities, provided that such investigation of a 
        United States person is not conducted solely upon the 
        basis of activities protected by the first amendment to 
        the Constitution before an order authorizing the 
        installation and use of the pen register or trap and 
        trace device, as the case may be, can with due 
        diligence be obtained under section 402 of this Act; 
        and
            (2) the factual basis for issuance of an order 
        under such section 402 to approve the installation and 
        use of the pen register or trap and trace device, as 
        the case may be, exists.
    (c)(1) In the absence of an order applied for under 
subsection (a)(2) approving the installation and use of a pen 
register or trap and trace device authorized under this 
section, the installation and use of the pen register or trap 
and trace device, as the case may be, shall terminate at the 
earlier of--
            (A) when the information sought is obtained;
            (B) when the application for the order is denied 
        under section 402 of this Act; or
            (C) 7 days after the time of the authorization by 
        the Attorney General.
    (2) In the event that an application for an order applied 
for under subsection (a)(2) is denied, or in any other case 
where the installation and use of a pen register or trap and 
trace device under this section is terminated and no order 
under section 402 of this Act is issued approving the 
installation and use of the pen register or trap and trace 
device, as the case may be, no information obtained or evidence 
derived from the use of the pen register or trap and trace 
device, as the case may be, 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 
from the use of the pen register or trap and trace device, as 
the case may be, 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.
    (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).

           *       *       *       *       *       *       *


                        congressional oversight

    Sec. 406. (a) On a semiannual basis, the Attorney General 
shall fully inform the 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 House of Representatives and the Committee 
on the Judiciary of the Senate, concerning all uses of pen 
registers and trap and trace devices pursuant to this title.
    (b) On a semiannual basis, the Attorney General shall also 
provide to the committees referred to in subsection (a) and to 
the Committees on the Judiciary of the House of Representatives 
and the Senate a report setting forth with respect to the 
preceding 6-month period--
            (1) the total number of applications made for 
        orders approving the use of pen registers or trap and 
        trace devices under this title;
            (2) the total number of such orders either granted, 
        modified, or denied[; and];
            (3) the total number of pen registers and trap and 
        trace devices whose installation and use was authorized 
        by the Attorney General on an emergency basis under 
        section 403, and the total number of subsequent orders 
        approving or denying the installation and use of such 
        pen registers and trap and trace devices[.];
            (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).

 TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                    AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    (a)(1) Subject to paragraph (3), the Director of the 
Federal Bureau of Investigation or a designee of the Director 
(whose rank shall be no lower than Assistant Special Agent in 
Charge) may make an application for an order requiring the 
production of any tangible things (including books, records, 
papers, documents, and other items) for an investigation to 
obtain foreign intelligence information not concerning a United 
States person or to protect against international terrorism or 
clandestine intelligence activities, provided that such 
investigation of a United States person is not conducted solely 
upon the basis of activities protected by the first amendment 
to the Constitution.
    (2) An investigation conducted under this section shall--
            (A) be conducted under guidelines approved by the 
        Attorney General under Executive Order 12333 (or a 
        successor order); and
            (B) not be conducted of a United States person 
        solely upon the basis of activities protected by the 
        first amendment to the Constitution of the United 
        States.
            (3) In the case of an application for an order 
        requiring the production of library circulation 
        records, library patron lists, book sales records, book 
        customer lists, firearms sales records, tax return 
        records, educational records, or medical records 
        containing information that would identify a person, 
        the Director of the Federal Bureau of Investigation may 
        delegate the authority to make such application to 
        either the Deputy Director of the Federal Bureau of 
        Investigation or the Executive Assistant Director for 
        National Security (or any successor position). The 
        Deputy Director or the Executive Assistant Director may 
        not further delegate such authority.
    (b) Each application under this section--
            (1) shall be made to--
                    (A) a judge of the court established by 
                section 103(a); or
                    (B) a United States Magistrate Judge under 
                chapter 43 of title 28, United States Code, who 
                is publicly designated by the Chief Justice of 
                the United States to have the power to hear 
                applications and grant orders for the 
                production of tangible things under this 
                section on behalf of a judge of that court; and
            (2) shall include--
                    (A) a specific selection term to be used as 
                the basis for the production of the tangible 
                things sought;
                    [(A) a statement] (B) 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 of facts showing that there 
                are reasonable grounds to believe that the 
                tangible things sought are relevant to an 
                authorized investigation (other than a threat 
                assessment) conducted in accordance with 
                subsection (a)(2) to obtain foreign 
                intelligence information not concerning a 
                United States person or to protect against 
                international terrorism or clandestine 
                intelligence activities, such things being 
                presumptively relevant to an authorized 
                investigation if the applicant shows in the 
                statement of the facts that they pertain to--
                            (i) a foreign power or an agent of 
                        a foreign power;
                            (ii) the activities of a suspected 
                        agent of a foreign power who is the 
                        subject of such authorized 
                        investigation; or
                            (iii) an individual in contact 
                        with, or known to, a suspected agent of 
                        a foreign power who is the subject of 
                        such authorized investigation[; and];
                    (C) in the case of an application for the 
                production on an ongoing basis of call detail 
                records created before, 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)] (D) an enumeration of the 
                minimization procedures adopted by the Attorney 
                General under subsection (g) that are 
                applicable to the retention and dissemination 
                by the Federal Bureau of Investigation of any 
                tangible things to be made available to the 
                Federal Bureau of Investigation based on the 
                order requested in such application.
    (c)(1) Upon an application made pursuant to this section, 
if the judge finds that the application meets the requirements 
of subsections (a) and (b) and that the minimization procedures 
submitted in accordance with subsection (b)(2)(D) meet the 
definition of minimization procedures under subsection (g), the 
judge shall enter an ex parte order as requested, or as 
modified, approving the release of tangible things. Such order 
shall direct that minimization procedures adopted pursuant to 
subsection (g) be followed.
            (2) An order under this subsection--
                    (A) shall describe the tangible things that 
                are ordered to be produced with sufficient 
                particularity to permit them to be fairly 
                identified[;], including each specific 
                selection term to be used as the basis for the 
                production;
                    (B) shall include the date on which the 
                tangible things must be provided, which shall 
                allow a reasonable period of time within which 
                the tangible things can be assembled and made 
                available;
                    (C) shall provide clear and conspicuous 
                notice of the principles and procedures 
                described in subsection (d);
                    (D) may only require the production of a 
                tangible thing if such thing can be obtained 
                with a subpoena duces tecum issued by a court 
                of the United States in aid of a grand jury 
                investigation or with any other order issued by 
                a court of the United States directing the 
                production of records or tangible things[; 
                and];
                    (E) shall not disclose that such order is 
                issued for purposes of an investigation 
                described in subsection (a)[.]; and
                    (F) in the case of an application described 
                in subsection (b)(2)(C), shall--
                            (i) 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) 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
                                    (II) destroy all call 
                                detail records produced under 
                                the order as prescribed by such 
                                procedures.
            (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).
    (d)(1) No person shall disclose to any other person that 
the Federal Bureau of Investigation has sought or obtained 
tangible things [pursuant to an order] pursuant to an order 
issued or an emergency production required under this section, 
other than to--
            (A) those persons to whom disclosure is necessary 
        to comply with [such order] such order or such 
        emergency production;
            (B) an attorney to obtain legal advice or 
        assistance with respect to the production of things in 
        response to [the order] the order or the emergency 
        production; or
            (C) other persons as permitted by the Director of 
        the Federal Bureau of Investigation or the designee of 
        the Director.
    (2)(A) A person to whom disclosure is made pursuant to 
paragraph (1) shall be subject to the nondisclosure 
requirements applicable to a person to whom [an order] an order 
or emergency production is directed under this section in the 
same manner as such person.
    (B) Any person who discloses to a person described in 
subparagraph (A), (B), or (C) of paragraph (1) that the Federal 
Bureau of Investigation has sought or obtained tangible things 
pursuant to [an order] an order or emergency production under 
this section shall notify such person of the nondisclosure 
requirements of this subsection.
    (C) 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 subparagraph (A) 
or (C) of paragraph (1) 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.
    [(e) A person who, in good faith, produces tangible things 
under an order pursuant to this section shall not be liable to 
any other person for such production. Such production shall not 
be deemed to constitute a waiver of any privilege in any other 
proceeding or context.]
    (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.
    (f)(1) In this subsection--
            (A) the term ``production order'' means an order to 
        produce any tangible thing under this section; and
            (B) the term ``nondisclosure order'' means an order 
        imposed under subsection (d).
    (2)(A)(i) A person receiving a production order may 
challenge the legality of [that order] the production order or 
any nondisclosure order imposed in connection with the 
production order by filing a petition with the pool established 
by section 103(e)(1). [Not less than 1 year after the date of 
the issuance of the production order, the recipient of a 
production order may challenge the nondisclosure order imposed 
in connection with such production order by filing a petition 
to modify or set aside such nondisclosure order, consistent 
with the requirements of subparagraph (C), with the pool 
established by section 103(e)(1).]
    (ii) The presiding judge shall immediately assign a 
petition under clause (i) to 1 of the judges serving in the 
pool established by section 103(e)(1). Not later than 72 hours 
after the assignment of such petition, the assigned judge shall 
conduct an initial review of the petition. If the assigned 
judge determines that the petition is frivolous, the assigned 
judge shall immediately deny the petition and affirm the 
production order or nondisclosure order. If the assigned judge 
determines the petition is not frivolous, the assigned judge 
shall promptly consider the petition in accordance with the 
procedures established under section 103(e)(2).
    (iii) The assigned judge shall promptly provide a written 
statement for the record of the reasons for any determination 
under this subsection. Upon the request of the Government, any 
order setting aside a nondisclosure order shall be stayed 
pending review pursuant to paragraph (3).
    (B) A judge considering a petition to modify or set aside a 
production order may grant such petition only if the judge 
finds that such order does not meet the requirements of this 
section or is otherwise unlawful. If the judge does not modify 
or set aside the production order, the judge shall immediately 
affirm such order, and order the recipient to comply therewith.
    (C)(i) A judge considering a petition to modify or set 
aside a nondisclosure order may grant such petition only if the 
judge finds that there is no reason to believe that disclosure 
may endanger the national security of the United States, 
interfere with a criminal, counterterrorism, or 
counterintelligence investigation, interfere with diplomatic 
relations, or endanger the life or physical safety of any 
person.
    [(ii) If, upon filing of such a petition, the Attorney 
General, Deputy Attorney General, an Assistant Attorney 
General, or the Director of the Federal Bureau of Investigation 
certifies that disclosure may endanger the national security of 
the United States or interfere with diplomatic relations, such 
certification shall be treated as conclusive, unless the judge 
finds that the certification was made in bad faith.]
    [(iii)] (ii) If the judge denies a petition to modify or 
set aside a nondisclosure order, the recipient of such order 
shall be precluded for a period of 1 year from filing another 
such petition with respect to such nondisclosure order.
    (D) Any production or nondisclosure order not explicitly 
modified or set aside consistent with this subsection shall 
remain in full effect.
    (3) A petition for review of a decision under paragraph (2) 
to affirm, modify, or set aside an order by the Government or 
any person receiving such order shall be made to the court of 
review established under section 103(b), which shall have 
jurisdiction to consider such petitions. The court of review 
shall provide for the record a written statement of the reasons 
for its decision and, on petition by the Government or any 
person receiving such order for writ of certiorari, the record 
shall be transmitted under seal to the Supreme Court of the 
United States, which shall have jurisdiction to review such 
decision.
    (4) Judicial proceedings under this subsection shall be 
concluded as expeditiously as possible. The record of 
proceedings, including petitions filed, orders granted, and 
statements of reasons for decision, shall be maintained under 
security measures established by the Chief Justice of the 
United States, in consultation with the Attorney General and 
the Director of National Intelligence.
    (5) All petitions under this subsection shall be filed 
under seal. In any proceedings under this subsection, the court 
shall, upon request of the Government, review ex parte and in 
camera any Government submission, or portions thereof, which 
may include classified information.
    (g) Minimization Procedures.--
            (1) In general.--[Not later than 180 days after the 
        date of the enactment of the USA PATRIOT Improvement 
        and Reauthorization Act of 2005, the] The Attorney 
        General shall adopt, and update as appropriate, 
        specific minimization procedures governing the 
        retention and dissemination by the Federal Bureau of 
        Investigation of any tangible things, or information 
        therein, received by the Federal Bureau of 
        Investigation in response to an order under this title.
            (2) Defined.--In this section, the term 
        ``minimization procedures'' means--
                    (A) specific procedures that are reasonably 
                designed in light of the purpose and technique 
                of an order for the production of tangible 
                things, to minimize the retention, and prohibit 
                the dissemination, of nonpublicly available 
                information concerning unconsenting United 
                States persons consistent with the need of the 
                United States to obtain, produce, and 
                disseminate foreign intelligence information;
                    (B) procedures that require that 
                nonpublicly available information, which is not 
                foreign intelligence information, as defined in 
                section 101(e)(1), shall not be disseminated in 
                a manner that identifies any United States 
                person, without such person's consent, unless 
                such person's identity is necessary to 
                understand foreign intelligence information or 
                assess its importance; and
                    (C) notwithstanding subparagraphs (A) and 
                (B), procedures that allow for the retention 
                and dissemination of information that is 
                evidence of a crime which has been, is being, 
                or is about to be committed and that is to be 
                retained or disseminated for law enforcement 
                purposes.
            (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.
    (h) Use of Information.--Information acquired from tangible 
things received by the Federal Bureau of Investigation in 
response to an order under this title concerning any United 
States person may be used and disclosed by Federal officers and 
employees without the consent of the United States person only 
in accordance with the minimization procedures adopted pursuant 
to subsection (g). No otherwise privileged information acquired 
from tangible things received by the Federal Bureau of 
Investigation in accordance with the provisions of this title 
shall lose its privileged character. No information acquired 
from tangible things received by the Federal Bureau of 
Investigation in response to an order under this title may be 
used or disclosed by Federal officers or employees except for 
lawful purposes.
    (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) 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) 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.
            (6) The Attorney General shall assess compliance 
        with the requirements of paragraph (5).
    (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.
    (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 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.

SEC. 502. CONGRESSIONAL OVERSIGHT.

    (a) On an annual basis, the Attorney General shall fully 
inform the [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] 
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 concerning all requests for the production of 
tangible things under section 501.
    (b) In April of each year, the Attorney General shall 
submit to the House and Senate Committees on the Judiciary and 
the House Permanent Select Committee on Intelligence and the 
Senate Select Committee on Intelligence a report setting forth 
with respect to the preceding calendar year--
            (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;
            [(1)] (6) the total number of applications made for 
        orders approving requests for the production of 
        tangible things under section 501;
            [(2)] (7) the total number of such orders either 
        granted, modified, or denied; and
            [(3)] (8) the number of such orders either granted, 
        modified, or denied for the production of each of the 
        following:
                    (A) Library circulation records, library 
                patron lists, book sales records, or book 
                customer lists.
                    (B) Firearms sales records.
                    (C) Tax return records.
                    (D) Educational records.
                    (E) Medical records containing information 
                that would identify a person.
    (c)(1) In April of each year, the Attorney General shall 
submit to Congress a report setting forth with respect to the 
preceding year--
            (A) the total number of applications made for 
        orders approving requests for the production of 
        tangible things under section 501; [and]
            (B) the total number of such orders either granted, 
        modified, or denied[.];
            (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).
    (2) Each report under this subsection shall be submitted in 
unclassified form.

           *       *       *       *       *       *       *


              TITLE VI--[REPORTING REQUIREMENT] OVERSIGHT

SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.

    (a) Report.--On a semiannual basis, the Attorney General 
shall submit to the Permanent Select Committee on Intelligence 
of the House of Representatives, the Select Committee on 
Intelligence of the Senate, and the Committees on the Judiciary 
of the House of Representatives and the Senate, in a manner 
consistent with the protection of the national security, a 
report setting forth with respect to the preceding 6-month 
period--
            (1) the aggregate number of persons targeted for 
        orders issued under this Act, including a breakdown of 
        those targeted for--
                    (A) electronic surveillance under section 
                105;
                    (B) physical searches under section 304;
                    (C) pen registers under section 402;
                    (D) access to records under section 501;
                    (E) acquisitions under section 703; and
                    (F) acquisitions under section 704;
            (2) the number of individuals covered by an order 
        issued pursuant to section 101(b)(1)(C);
            (3) the number of times that the Attorney General 
        has authorized that information obtained under this Act 
        may be used in a criminal proceeding or any information 
        derived therefrom may be used in a criminal proceeding;
            (4) a summary of significant legal interpretations 
        of this Act involving matters before the Foreign 
        Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review, including 
        interpretations presented in applications or pleadings 
        filed with the Foreign Intelligence Surveillance Court 
        or the Foreign Intelligence Surveillance Court of 
        Review by the Department of Justice; and
            (5) copies of all decisions, orders, or opinions of 
        the Foreign Intelligence Surveillance Court or Foreign 
        Intelligence Surveillance Court of Review that include 
        significant construction or interpretation of the 
        provisions of this Act.
    (b) Frequency.--The first report under this section shall 
be submitted not later than 6 months after the date of 
enactment of this section. Subsequent reports under this 
section shall be submitted semi-annually thereafter.
    (c) Submissions to Congress.--The Attorney General shall 
submit to the committees of Congress referred to in subsection 
(a)--
            [(1) a copy of any decision, order, or opinion 
        issued by the Foreign Intelligence Surveillance Court 
        or the Foreign Intelligence Surveillance Court of 
        Review that includes significant construction or 
        interpretation of any provision of this Act, and any 
        pleadings, applications, or memoranda of law associated 
        with such decision, order, or opinion, not later than 
        45 days after such decision, order, or opinion is 
        issued; and]
            (1) 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
            (2) a copy of each such decision, order, or 
        opinion, and any pleadings, applications, or memoranda 
        of law associated with such decision, order, or 
        opinion, that was issued during the 5-year period 
        ending on the date of the enactment of the FISA 
        Amendments Act of 2008 and not previously submitted in 
        a report under subsection (a).
    (d) Protection of National Security.--The Attorney General, 
in consultation with the Director of National Intelligence, may 
authorize redactions of materials described in subsection (c) 
that are provided to the committees of Congress referred to in 
subsection (a), if such redactions are necessary to protect the 
national security of the United States and are limited to 
sensitive sources and methods information or the identities of 
targets.
    (e) Definitions.--In this section:
            (1) Foreign intelligence surveillance court.--The 
        term ``Foreign Intelligence Surveillance Court'' means 
        the court established under section 103(a).
            (2) Foreign intelligence surveillance court of 
        review.--The term ``Foreign Intelligence Surveillance 
        Court of Review'' means the court established under 
        section 103(b).

SEC. 602. 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--
                    (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.

SEC. 603. 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) 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.--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 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) 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 
                        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) 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.

SEC. 604. 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;
                            (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 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.

TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE 
UNITED STATES

           *       *       *       *       *       *       *


SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
                    STATES OTHER THAN UNITED STATES PERSONS.

    (a) Authorization.--Notwithstanding any other provision of 
law, upon the issuance of an order in accordance with 
subsection (i)(3) or a determination under subsection (c)(2), 
the Attorney General and the Director of National Intelligence 
may authorize jointly, for a period of up to 1 year from the 
effective date of the authorization, the targeting of persons 
reasonably believed to be located outside the United States to 
acquire foreign intelligence information.
    (b) Limitations.--An acquisition authorized under 
subsection (a)--
            (1) may not intentionally target any person known 
        at the time of acquisition to be located in the United 
        States;
            (2) may not intentionally target a person 
        reasonably believed to be located outside the United 
        States if the purpose of such acquisition is to target 
        a particular, known person reasonably believed to be in 
        the United States;
            (3) may not intentionally target a United States 
        person reasonably believed to be located outside the 
        United States;
            (4) may not intentionally acquire any communication 
        as to which the sender and all intended recipients are 
        known at the time of the acquisition to be located in 
        the United States; and
            (5) shall be conducted in a manner consistent with 
        the fourth amendment to the Constitution of the United 
        States.
    (c) Conduct of Acquisition.--
            (1) In general.--An acquisition authorized under 
        subsection (a) shall be conducted only in accordance 
        with--
                    (A) the targeting and minimization 
                procedures adopted in accordance with 
                subsections (d) and (e); and
                    (B) upon submission of a certification in 
                accordance with subsection (g), such 
                certification.
            (2) Determination.--A determination under this 
        paragraph and for purposes of subsection (a) is a 
        determination by the Attorney General and the Director 
        of National Intelligence that exigent circumstances 
        exist because, without immediate implementation of an 
        authorization under subsection (a), intelligence 
        important to the national security of the United States 
        may be lost or not timely acquired and time does not 
        permit the issuance of an order pursuant to subsection 
        (i)(3) prior to the implementation of such 
        authorization.
            (3) Timing of determination.--The Attorney General 
        and the Director of National Intelligence may make the 
        determination under paragraph (2)--
                    (A) before the submission of a 
                certification in accordance with subsection 
                (g); or
                    (B) by amending a certification pursuant to 
                subsection (i)(1)(C) at any time during which 
                judicial review under subsection (i) of such 
                certification is pending.
            (4) Construction.--Nothing in title I shall be 
        construed to require an application for a court order 
        under such title for an acquisition that is targeted in 
        accordance with this section at a person reasonably 
        believed to be located outside the United States.
    (d) Targeting Procedures.--
            (1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National 
        Intelligence, shall adopt targeting procedures that are 
        reasonably designed to--
                    (A) ensure that any acquisition authorized 
                under subsection (a) is limited to targeting 
                persons reasonably believed to be located 
                outside the United States; and
                    (B) prevent the intentional acquisition of 
                any communication as to which the sender and 
                all intended recipients are known at the time 
                of the acquisition to be located in the United 
                States.
            (2) Judicial review.--The procedures adopted in 
        accordance with paragraph (1) shall be subject to 
        judicial review pursuant to subsection (i).
    (e) Minimization Procedures.--
            (1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National 
        Intelligence, shall adopt minimization procedures that 
        meet the definition of minimization procedures under 
        section 101(h) or 301(4), as appropriate, for 
        acquisitions authorized under subsection (a).
            (2) Judicial review.--The minimization procedures 
        adopted in accordance with paragraph (1) shall be 
        subject to judicial review pursuant to subsection (i).
    (f) Guidelines for Compliance With Limitations.--
            (1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National 
        Intelligence, shall adopt guidelines to ensure--
                    (A) compliance with the limitations in 
                subsection (b); and
                    (B) that an application for a court order 
                is filed as required by this Act.
            (2) Submission of guidelines.--The Attorney General 
        shall provide the guidelines adopted in accordance with 
        paragraph (1) to--
                    (A) the congressional intelligence 
                committees;
                    (B) the Committees on the Judiciary of the 
                Senate and the House of Representatives; and
                    (C) the Foreign Intelligence Surveillance 
                Court.
    (g) Certification.--
            (1) In general.--
                    (A) Requirement.--Subject to subparagraph 
                (B), prior to the implementation of an 
                authorization under subsection (a), the 
                Attorney General and the Director of National 
                Intelligence shall provide to the Foreign 
                Intelligence Surveillance Court a written 
                certification and any supporting affidavit, 
                under oath and under seal, in accordance with 
                this subsection.
                    (B) Exception.--If the Attorney General and 
                the Director of National Intelligence make a 
                determination under subsection (c)(2) and time 
                does not permit the submission of a 
                certification under this subsection prior to 
                the implementation of an authorization under 
                subsection (a), the Attorney General and the 
                Director of National Intelligence shall submit 
                to the Court a certification for such 
                authorization as soon as practicable but in no 
                event later than 7 days after such 
                determination is made.
            (2) Requirements.--A certification made under this 
        subsection shall--
                    (A) attest that--
                            (i) there are procedures in place 
                        that have been approved, have been 
                        submitted for approval, or will be 
                        submitted with the certification for 
                        approval by the Foreign Intelligence 
                        Surveillance Court that are reasonably 
                        designed to--
                                    (I) ensure that an 
                                acquisition authorized under 
                                subsection (a) is limited to 
                                targeting persons reasonably 
                                believed to be located outside 
                                the United States; and
                                    (II) prevent the 
                                intentional acquisition of any 
                                communication as to which the 
                                sender and all intended 
                                recipients are known at the 
                                time of the acquisition to be 
                                located in the United States;
                            (ii) the minimization procedures to 
                        be used with respect to such 
                        acquisition--
                                    (I) meet the definition of 
                                minimization procedures under 
                                section 101(h) or 301(4), as 
                                appropriate; and
                                    (II) have been approved, 
                                have been submitted for 
                                approval, or will be submitted 
                                with the certification for 
                                approval by the Foreign 
                                Intelligence Surveillance 
                                Court;
                            (iii) guidelines have been adopted 
                        in accordance with subsection (f) to 
                        ensure compliance with the limitations 
                        in subsection (b) and to ensure that an 
                        application for a court order is filed 
                        as required by this Act;
                            (iv) the procedures and guidelines 
                        referred to in clauses (i), (ii), and 
                        (iii) are consistent with the 
                        requirements of the fourth amendment to 
                        the Constitution of the United States;
                            (v) a significant purpose of the 
                        acquisition is to obtain foreign 
                        intelligence information;
                            (vi) the acquisition involves 
                        obtaining foreign intelligence 
                        information from or with the assistance 
                        of an electronic communication service 
                        provider; and
                            (vii) the acquisition complies with 
                        the limitations in subsection (b);
                    (B) include the procedures adopted in 
                accordance with subsections (d) and (e);
                    (C) be supported, as appropriate, by the 
                affidavit of any appropriate official in the 
                area of national security who is--
                            (i) appointed by the President, by 
                        and with the advice and consent of the 
                        Senate; or
                            (ii) the head of an element of the 
                        intelligence community;
                    (D) include--
                            (i) an effective date for the 
                        authorization that is at least 30 days 
                        after the submission of the written 
                        certification to the court; or
                            (ii) if the acquisition has begun 
                        or the effective date is less than 30 
                        days after the submission of the 
                        written certification to the court, the 
                        date the acquisition began or the 
                        effective date for the acquisition; and
                    (E) if the Attorney General and the 
                Director of National Intelligence make a 
                determination under subsection (c)(2), include 
                a statement that such determination has been 
                made.
            (3) Change in effective date.--The Attorney General 
        and the Director of National Intelligence may advance 
        or delay the effective date referred to in paragraph 
        (2)(D) by submitting an amended certification in 
        accordance with subsection (i)(1)(C) to the Foreign 
        Intelligence Surveillance Court for review pursuant to 
        subsection (i).
            (4) Limitation.--A certification made under this 
        subsection is not required to identify the specific 
        facilities, places, premises, or property at which an 
        acquisition authorized under subsection (a) will be 
        directed or conducted.
            (5) Maintenance of certification.--The Attorney 
        General or a designee of the Attorney General shall 
        maintain a copy of a certification made under this 
        subsection.
            (6) Review.--A certification submitted in 
        accordance with this subsection shall be subject to 
        judicial review pursuant to subsection (i).
    (h) Directives and Judicial Review of Directives.--
            (1) Authority.--With respect to an acquisition 
        authorized under subsection (a), the Attorney General 
        and the Director of National Intelligence may direct, 
        in writing, an electronic communication service 
        provider to--
                    (A) immediately provide the Government with 
                all information, facilities, or assistance 
                necessary to accomplish the acquisition in a 
                manner that will protect the secrecy of the 
                acquisition and produce a minimum of 
                interference with the services that such 
                electronic communication service provider is 
                providing to the target of the acquisition; and
                    (B) maintain under security procedures 
                approved by the Attorney General and the 
                Director of National Intelligence any records 
                concerning the acquisition or the aid furnished 
                that such electronic communication service 
                provider wishes to maintain.
            (2) Compensation.--The Government shall compensate, 
        at the prevailing rate, an electronic communication 
        service provider for providing information, facilities, 
        or assistance in accordance with a directive issued 
        pursuant to paragraph (1).
            (3) Release from liability.--No cause of action 
        shall lie in any court against any electronic 
        communication service provider for providing any 
        information, facilities, or assistance in accordance 
        with a directive issued pursuant to paragraph (1).
            (4) Challenging of directives.--
                    (A) Authority to challenge.--An electronic 
                communication service provider receiving a 
                directive issued pursuant to paragraph (1) may 
                file a petition to modify or set aside such 
                directive with the Foreign Intelligence 
                Surveillance Court, which shall have 
                jurisdiction to review such petition.
                    (B) Assignment.--The presiding judge of the 
                Court shall assign a petition filed under 
                subparagraph (A) to 1 of the judges serving in 
                the pool established under section 103(e)(1) 
                not later than 24 hours after the filing of 
                such petition.
                    (C) Standards for review.--A judge 
                considering a petition filed under subparagraph 
                (A) may grant such petition only if the judge 
                finds that the directive does not meet the 
                requirements of this section, or is otherwise 
                unlawful.
                    (D) Procedures for initial review.--A judge 
                shall conduct an initial review of a petition 
                filed under subparagraph (A) not later than 5 
                days after being assigned such petition. If the 
                judge determines that such petition does not 
                consist of claims, defenses, or other legal 
                contentions that are warranted by existing law 
                or by a nonfrivolous argument for extending, 
                modifying, or reversing existing law or for 
                establishing new law, the judge shall 
                immediately deny such petition and affirm the 
                directive or any part of the directive that is 
                the subject of such petition and order the 
                recipient to comply with the directive or any 
                part of it. Upon making a determination under 
                this subparagraph or promptly thereafter, the 
                judge shall provide a written statement for the 
                record of the reasons for such determination.
                    (E) Procedures for plenary review.--If a 
                judge determines that a petition filed under 
                subparagraph (A) requires plenary review, the 
                judge shall affirm, modify, or set aside the 
                directive that is the subject of such petition 
                not later than 30 days after being assigned 
                such petition. If the judge does not set aside 
                the directive, the judge shall immediately 
                affirm or affirm with modifications the 
                directive, and order the recipient to comply 
                with the directive in its entirety or as 
                modified. The judge shall provide a written 
                statement for the record of the reasons for a 
                determination under this subparagraph.
                    (F) Continued effect.--Any directive not 
                explicitly modified or set aside under this 
                paragraph shall remain in full effect.
                    (G) Contempt of court.--Failure to obey an 
                order issued under this paragraph may be 
                punished by the Court as contempt of court.
            (5) Enforcement of directives.--
                    (A) Order to compel.--If an electronic 
                communication service provider fails to comply 
                with a directive issued pursuant to paragraph 
                (1), the Attorney General may file a petition 
                for an order to compel the electronic 
                communication service provider to comply with 
                the directive with the Foreign Intelligence 
                Surveillance Court, which shall have 
                jurisdiction to review such petition.
                    (B) Assignment.--The presiding judge of the 
                Court shall assign a petition filed under 
                subparagraph (A) to 1 of the judges serving in 
                the pool established under section 103(e)(1) 
                not later than 24 hours after the filing of 
                such petition.
                    (C) Procedures for review.--A judge 
                considering a petition filed under subparagraph 
                (A) shall, not later than 30 days after being 
                assigned such petition, issue an order 
                requiring the electronic communication service 
                provider to comply with the directive or any 
                part of it, as issued or as modified, if the 
                judge finds that the directive meets the 
                requirements of this section and is otherwise 
                lawful. The judge shall provide a written 
                statement for the record of the reasons for a 
                determination under this paragraph.
                    (D) Contempt of court.--Failure to obey an 
                order issued under this paragraph may be 
                punished by the Court as contempt of court.
                    (E) Process.--Any process under this 
                paragraph may be served in any judicial 
                district in which the electronic communication 
                service provider may be found.
            (6) Appeal.--
                    (A) Appeal to the court of review.--The 
                Government or an electronic communication 
                service provider receiving a directive issued 
                pursuant to paragraph (1) may file a petition 
                with the Foreign Intelligence Surveillance 
                Court of Review for review of a decision issued 
                pursuant to paragraph (4) or (5). The Court of 
                Review shall have jurisdiction to consider such 
                petition and shall provide a written statement 
                for the record of the reasons for a decision 
                under this subparagraph.
                    (B) Certiorari to the supreme court.--The 
                Government or an electronic communication 
                service provider receiving a directive issued 
                pursuant to paragraph (1) may file a petition 
                for a writ of certiorari for review of a 
                decision of the Court of Review issued under 
                subparagraph (A). The record for such review 
                shall be transmitted under seal to the Supreme 
                Court of the United States, which shall have 
                jurisdiction to review such decision.
    (i) Judicial Review of Certifications and Procedures.--
            (1) In general.--
                    (A) Review by the foreign intelligence 
                surveillance court.--The Foreign Intelligence 
                Surveillance Court shall have jurisdiction to 
                review a certification submitted in accordance 
                with subsection (g) and the targeting and 
                minimization procedures adopted in accordance 
                with subsections (d) and (e), and amendments to 
                such certification or such procedures.
                    (B) Time period for review.--The Court 
                shall review a certification submitted in 
                accordance with subsection (g) and the 
                targeting and minimization procedures adopted 
                in accordance with subsections (d) and (e) and 
                shall complete such review and issue an order 
                under paragraph (3) not later than 30 days 
                after the date on which such certification and 
                such procedures are submitted.
                    (C) Amendments.--The Attorney General and 
                the Director of National Intelligence may amend 
                a certification submitted in accordance with 
                subsection (g) or the targeting and 
                minimization procedures adopted in accordance 
                with subsections (d) and (e) as necessary at 
                any time, including if the Court is conducting 
                or has completed review of such certification 
                or such procedures, and shall submit the 
                amended certification or amended procedures to 
                the Court not later than 7 days after amending 
                such certification or such procedures. The 
                Court shall review any amendment under this 
                subparagraph under the procedures set forth in 
                this subsection. The Attorney General and the 
                Director of National Intelligence may authorize 
                the use of an amended certification or amended 
                procedures pending the Court's review of such 
                amended certification or amended procedures.
            (2) Review.--The Court shall review the following:
                    (A) Certification.--A certification 
                submitted in accordance with subsection (g) to 
                determine whether the certification contains 
                all the required elements.
                    (B) Targeting procedures.--The targeting 
                procedures adopted in accordance with 
                subsection (d) to assess whether the procedures 
                are reasonably designed to--
                            (i) ensure that an acquisition 
                        authorized under subsection (a) is 
                        limited to targeting persons reasonably 
                        believed to be located outside the 
                        United States; and
                            (ii) prevent the intentional 
                        acquisition of any communication as to 
                        which the sender and all intended 
                        recipients are known at the time of the 
                        acquisition to be located in the United 
                        States.
                    (C) Minimization procedures.--The 
                minimization procedures adopted in accordance 
                with subsection (e) to assess whether such 
                procedures meet the definition of minimization 
                procedures under section 101(h) or section 
                301(4), as appropriate.
            (3) Orders.--
                    (A) Approval.--If the Court finds that a 
                certification submitted in accordance with 
                subsection (g) contains all the required 
                elements and that the targeting and 
                minimization procedures adopted in accordance 
                with subsections (d) and (e) are consistent 
                with the requirements of those subsections and 
                with the fourth amendment to the Constitution 
                of the United States, the Court shall enter an 
                order approving the certification and the use, 
                or continued use in the case of an acquisition 
                authorized pursuant to a determination under 
                subsection (c)(2), of the procedures for the 
                acquisition.
                    (B) Correction of deficiencies.--If the 
                Court finds that a certification submitted in 
                accordance with subsection (g) does not contain 
                all the required elements, or that the 
                procedures adopted in accordance with 
                subsections (d) and (e) are not consistent with 
                the requirements of those subsections or the 
                fourth amendment to the Constitution of the 
                United States, the Court shall issue an order 
                directing the Government to, at the 
                Government's election and to the extent 
                required by the Court's order--
                            (i) correct any deficiency 
                        identified by the Court's order not 
                        later than 30 days after the date on 
                        which the Court issues the order; or
                            (ii) cease, or not begin, the 
                        implementation of the authorization for 
                        which such certification was submitted.
                    (C) Requirement for written statement.--In 
                support of an order under this subsection, the 
                Court shall provide, simultaneously with the 
                order, for the record a written statement of 
                the reasons for the order.
                    (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.
            (4) Appeal.--
                    (A) Appeal to the court of review.--The 
                Government may file a petition with the Foreign 
                Intelligence Surveillance Court of Review for 
                review of an order under this subsection. The 
                Court of Review shall have jurisdiction to 
                consider such petition. For any decision under 
                this subparagraph affirming, reversing, or 
                modifying an order of the Foreign Intelligence 
                Surveillance Court, the Court of Review shall 
                provide for the record a written statement of 
                the reasons for the decision.
                    (B) Continuation of acquisition pending 
                rehearing or appeal.--Any acquisition affected 
                by an order under paragraph (3)(B) may 
                continue--
                            (i) during the pendency of any 
                        rehearing of the order by the Court en 
                        banc; and
                            (ii) if the Government files a 
                        petition for review of an order under 
                        this section, until the Court of Review 
                        enters an order under subparagraph (C).
                    (C) Implementation pending appeal.--Not 
                later than 60 days after the filing of a 
                petition for review of an order under paragraph 
                (3)(B) directing the correction of a 
                deficiency, the Court of Review shall 
                determine, and enter a corresponding order 
                regarding, whether all or any part of the 
                correction order, as issued or modified, shall 
                be implemented during the pendency of the 
                review.
                    (D) Certiorari to the supreme court.--The 
                Government may file a petition for a writ of 
                certiorari for review of a decision of the 
                Court of Review issued under subparagraph (A). 
                The record for such review shall be transmitted 
                under seal to the Supreme Court of the United 
                States, which shall have jurisdiction to review 
                such decision.
            (5) Schedule.--
                    (A) Reauthorization of authorizations in 
                effect.--If the Attorney General and the 
                Director of National Intelligence seek to 
                reauthorize or replace an authorization issued 
                under subsection (a), the Attorney General and 
                the Director of National Intelligence shall, to 
                the extent practicable, submit to the Court the 
                certification prepared in accordance with 
                subsection (g) and the procedures adopted in 
                accordance with subsections (d) and (e) at 
                least 30 days prior to the expiration of such 
                authorization.
                    (B) Reauthorization of orders, 
                authorizations, and directives.--If the 
                Attorney General and the Director of National 
                Intelligence seek to reauthorize or replace an 
                authorization issued under subsection (a) by 
                filing a certification pursuant to subparagraph 
                (A), that authorization, and any directives 
                issued thereunder and any order related 
                thereto, shall remain in effect, 
                notwithstanding the expiration provided for in 
                subsection (a), until the Court issues an order 
                with respect to such certification under 
                paragraph (3) at which time the provisions of 
                that paragraph and paragraph (4) shall apply 
                with respect to such certification.
    (j) Judicial Proceedings.--
            (1) Expedited judicial proceedings.--Judicial 
        proceedings under this section shall be conducted as 
        expeditiously as possible.
            (2) Time limits.--A time limit for a judicial 
        decision in this section shall apply unless the Court, 
        the Court of Review, or any judge of either the Court 
        or the Court of Review, by order for reasons stated, 
        extends that time as necessary for good cause in a 
        manner consistent with national security.
    (k) Maintenance and Security of Records and Proceedings.--
            (1) Standards.--The Foreign Intelligence 
        Surveillance Court shall maintain a record of a 
        proceeding under this section, including petitions, 
        appeals, orders, and statements of reasons for a 
        decision, under security measures adopted by the Chief 
        Justice of the United States, in consultation with the 
        Attorney General and the Director of National 
        Intelligence.
            (2) Filing and review.--All petitions under this 
        section shall be filed under seal. In any proceedings 
        under this section, the Court shall, upon request of 
        the Government, review ex parte and in camera any 
        Government submission, or portions of a submission, 
        which may include classified information.
            (3) Retention of records.--The Attorney General and 
        the Director of National Intelligence shall retain a 
        directive or an order issued under this section for a 
        period of not less than 10 years from the date on which 
        such directive or such order is issued.
    (l) Assessments and Reviews.--
            (1) Semiannual assessment.--Not less frequently 
        than once every 6 months, the Attorney General and 
        Director of National Intelligence shall assess 
        compliance with the targeting and minimization 
        procedures adopted in accordance with subsections (d) 
        and (e) and the guidelines adopted in accordance with 
        subsection (f) and shall submit each assessment to--
                    (A) the Foreign Intelligence Surveillance 
                Court; and
                    (B) consistent with the Rules of the House 
                of Representatives, the Standing Rules of the 
                Senate, and Senate Resolution 400 of the 94th 
                Congress or any successor Senate resolution--
                            (i) the congressional intelligence 
                        committees; and
                            (ii) the Committees on the 
                        Judiciary of the House of 
                        Representatives and the Senate.
            (2) Agency assessment.--The Inspector General of 
        the Department of Justice and the Inspector General of 
        each element of the intelligence community authorized 
        to acquire foreign intelligence information under 
        subsection (a), with respect to the department or 
        element of such Inspector General--
                    (A) are authorized to review compliance 
                with the targeting and minimization procedures 
                adopted in accordance with subsections (d) and 
                (e) and the guidelines adopted in accordance 
                with subsection (f);
                    (B) with respect to acquisitions authorized 
                under subsection (a), shall review the number 
                of disseminated intelligence reports containing 
                a reference to a United States-person identity 
                and the number of United States-person 
                identities subsequently disseminated by the 
                element concerned in response to requests for 
                identities that were not referred to by name or 
                title in the original reporting;
                    (C) with respect to acquisitions authorized 
                under subsection (a), shall review the number 
                of targets that were later determined to be 
                located in the United States and, to the extent 
                possible, whether communications of such 
                targets were reviewed; and
                    (D) shall provide each such review to--
                            (i) the Attorney General;
                            (ii) the Director of National 
                        Intelligence; and
                            (iii) consistent with the Rules of 
                        the House of Representatives, the 
                        Standing Rules of the Senate, and 
                        Senate Resolution 400 of the 94th 
                        Congress or any successor Senate 
                        resolution--
                                    (I) the congressional 
                                intelligence committees; and
                                    (II) the Committees on the 
                                Judiciary of the House of 
                                Representatives and the Senate.
            (3) Annual review.--
                    (A) Requirement to conduct.--The head of 
                each element of the intelligence community 
                conducting an acquisition authorized under 
                subsection (a) shall conduct an annual review 
                to determine whether there is reason to believe 
                that foreign intelligence information has been 
                or will be obtained from the acquisition. The 
                annual review shall provide, with respect to 
                acquisitions authorized under subsection (a)--
                            (i) an accounting of the number of 
                        disseminated intelligence reports 
                        containing a reference to a United 
                        States-person identity;
                            (ii) an accounting of the number of 
                        United States-person identities 
                        subsequently disseminated by that 
                        element in response to requests for 
                        identities that were not referred to by 
                        name or title in the original 
                        reporting;
                            (iii) the number of targets that 
                        were later determined to be located in 
                        the United States and, to the extent 
                        possible, whether communications of 
                        such targets were reviewed; and
                            (iv) a description of any 
                        procedures developed by the head of 
                        such element of the intelligence 
                        community and approved by the Director 
                        of National Intelligence to assess, in 
                        a manner consistent with national 
                        security, operational requirements and 
                        the privacy interests of United States 
                        persons, the extent to which the 
                        acquisitions authorized under 
                        subsection (a) acquire the 
                        communications of United States 
                        persons, and the results of any such 
                        assessment.
                    (B) Use of review.--The head of each 
                element of the intelligence community that 
                conducts an annual review under subparagraph 
                (A) shall use each such review to evaluate the 
                adequacy of the minimization procedures 
                utilized by such element and, as appropriate, 
                the application of the minimization procedures 
                to a particular acquisition authorized under 
                subsection (a).
                    (C) Provision of review.--The head of each 
                element of the intelligence community that 
                conducts an annual review under subparagraph 
                (A) shall provide such review to--
                            (i) the Foreign Intelligence 
                        Surveillance Court;
                            (ii) the Attorney General;
                            (iii) the Director of National 
                        Intelligence; and
                            (iv) consistent with the Rules of 
                        the House of Representatives, the 
                        Standing Rules of the Senate, and 
                        Senate Resolution 400 of the 94th 
                        Congress or any successor Senate 
                        resolution--
                                    (I) the congressional 
                                intelligence committees; and
                                    (II) the Committees on the 
                                Judiciary of the House of 
                                Representatives and the Senate.

           *       *       *       *       *       *       *

                              ----------                              


        USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005



           *       *       *       *       *       *       *
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

           *       *       *       *       *       *       *


SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.

    (a) In General.--Section 224 of the USA PATRIOT Act is 
repealed.
    (b) Sections 206 and 215 Sunset.--
            (1) In general.--Effective [June 1, 2015] December 
        15, 2019, the Foreign Intelligence Surveillance Act of 
        1978 is amended so that sections 501, 502, and 
        105(c)(2) read as they read on October 25, 2001.
            (2) Exception.--With respect to any particular 
        foreign intelligence investigation that began before 
        the date on which the provisions referred to in 
        paragraph (1) cease to have effect, or with respect to 
        any particular offense or potential offense that began 
        or occurred before the date on which such provisions 
        cease to have effect, such provisions shall continue in 
        effect.

           *       *       *       *       *       *       *


SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
                    INTELLIGENCE PURPOSES.

    (a) Audit.--The Inspector General of the Department of 
Justice shall perform a comprehensive audit of the 
effectiveness and use, including any improper or illegal use, 
of the investigative authority provided to the Federal Bureau 
of Investigation under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
    (b) Requirements.--The audit required under subsection (a) 
shall include--
            (1) an examination of each instance in which the 
        Attorney General, any other officer, employee, or agent 
        of the Department of Justice, the Director of the 
        Federal Bureau of Investigation, or a designee of the 
        Director, submitted an application to the Foreign 
        Intelligence Surveillance Court (as such term is 
        defined in section 301(3) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1821(3))) for an 
        order under section 501 of such Act during the calendar 
        years of 2002 through 2006 and calendar years 2012 
        through 2014, including--
                    (A) whether the Federal Bureau of 
                Investigation requested that the Department of 
                Justice submit an application and the request 
                was not submitted to the court (including an 
                examination of the basis for not submitting the 
                application);
                    (B) whether the court granted, modified, or 
                denied the application (including an 
                examination of the basis for any modification 
                or denial);
            [(2) the justification for the failure of the 
        Attorney General to issue implementing procedures 
        governing requests for the production of tangible 
        things under such section in a timely fashion, 
        including whether such delay harmed national security;
            [(3) whether bureaucratic or procedural impediments 
        to the use of such requests for production prevent the 
        Federal Bureau of Investigation from taking full 
        advantage of the authorities provided under section 501 
        of such Act;]
            [(4)] (2) any noteworthy facts or circumstances 
        relating to orders under such section, including any 
        improper or illegal use of the authority provided under 
        such section; and
            [(5)] (3) an examination of the effectiveness of 
        such section as an investigative tool, including--
                    (A) the categories of records obtained and 
                the importance of the information acquired to 
                the intelligence activities of the Federal 
                Bureau of Investigation or any other Department 
                or agency of the Federal Government;
                    (B) the manner in which such information is 
                collected, retained, analyzed, and disseminated 
                by the Federal Bureau of Investigation, 
                including any direct access to such information 
                (such as access to ``raw data'') provided to 
                any other Department, agency, or 
                instrumentality of Federal, State, local, or 
                tribal governments or any private sector 
                entity;
                    [(C) with respect to calendar year 2006, an 
                examination of the minimization procedures 
                adopted by the Attorney General under section 
                501(g) of such Act and whether such 
                minimization procedures protect the 
                constitutional rights of United States 
                persons;]
                    (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;
                    (D) whether, and how often, the Federal 
                Bureau of Investigation utilized information 
                acquired pursuant to an order under section 501 
                of such Act to produce an analytical 
                intelligence product for distribution within 
                the Federal Bureau of Investigation, to the 
                intelligence community [(as such term is 
                defined in section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)))], or 
                to other Federal, State, local, or tribal 
                government Departments, agencies, or 
                instrumentalities; and
                    (E) whether, and how often, the Federal 
                Bureau of Investigation provided such 
                information to law enforcement authorities for 
                use in criminal proceedings.
    (c) Submission Dates.--
            (1) Prior years.--Not later than one year after the 
        date of the enactment of this Act, or upon completion 
        of the audit under this section for calendar years 
        2002, 2003, and 2004, whichever is earlier, the 
        Inspector General of the Department of Justice shall 
        submit to the Committee on the Judiciary and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Committee on the Judiciary 
        and the Select Committee on Intelligence of the Senate 
        a report containing the results of the audit conducted 
        under this section for calendar years 2002, 2003, and 
        2004.
            (2) Calendar years 2005 and 2006.--Not later than 
        December 31, 2007, or upon completion of the audit 
        under this section for calendar years 2005 and 2006, 
        whichever is earlier, the Inspector General of the 
        Department of Justice shall submit to the Committee on 
        the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives and the 
        Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate a report containing the 
        results of the audit conducted under this section for 
        calendar years 2005 and 2006.
            (3) 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.
    (d) Intelligence Assessment.--
            (1) 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)).
            (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.
    [(d)] (e) Prior Notice to Attorney General and Director of 
National Intelligence; Comments.--
            (1) Notice.--Not less than 30 days before the 
        submission of [a report under subsection (c)(1) or 
        (c)(2)] any report under subsection (c) or (d), the 
        [Inspector General of the Department of Justice] 
        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 shall 
        provide such report to the Attorney General and the 
        Director of National Intelligence.
            (2) Comments.--The Attorney General or the Director 
        of National Intelligence may provide comments to be 
        included in [the reports submitted under subsections 
        (c)(1) and (c)(2)] any report submitted under 
        subsection (c) or (d) as the Attorney General or the 
        Director of National Intelligence may consider 
        necessary.
    [(e)] (f) Unclassified Form.--[The reports submitted under 
subsections (c)(1) and (c)(2)] Each report submitted under 
subsection (c) and any comments included under [subsection 
(d)(2)] subsection (e)(2) shall be in unclassified form, but 
may include a classified annex.
    (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. 118. REPORTS ON NATIONAL SECURITY LETTERS.

    (a) Existing Reports.--Any report made to a committee of 
Congress regarding national security letters under section 
2709(c)(1) of title 18, United States Code, section 626(d) or 
627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 
1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to 
Financial Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), 
or section 802(b) of the National Security Act of 1947 (50 
U.S.C. 436(b)) shall also be made to the Committees on the 
Judiciary of the House of Representatives and the Senate.
    (b) Enhanced Oversight of Fair Credit Reporting Act 
Counterterrorism National Security Letter.--Section 627 of the 
Fair Credit Reporting Act (15 U.S.C. 1681(v)) is amended by 
inserting at the end the following new subsection:
    ``(f) Reports to Congress.--(1) On a semi-annual basis, the 
Attorney General shall fully inform the Committee on the 
Judiciary, the Committee on Financial Services, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on the Judiciary, the 
Committee on Banking, Housing, and Urban Affairs, and the 
Select Committee on Intelligence of the Senate concerning all 
requests made pursuant to subsection (a).
            ``(2) In the case of the semiannual reports 
        required to be submitted under paragraph (1) to the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Select Committee on 
        Intelligence of the Senate, the submittal dates for 
        such reports shall be as provided in section 507 of the 
        National Security Act of 1947 (50 U.S.C. 415b).''.
    (c) Report on Requests for National Security Letters.--
            (1) In general.--In April of each year, the 
        Attorney General shall submit to Congress an aggregate 
        report setting forth with respect to the preceding year 
        the total number of requests made by the Department of 
        Justice for information concerning different [United 
        States] persons under--
                    (A) section 2709 of title 18, United States 
                Code (to access certain communication service 
                provider records)[, excluding the number of 
                requests for subscriber information];
                    (B) section 1114 of the Right to Financial 
                Privacy Act (12 U.S.C. 3414) (to obtain 
                financial institution customer records);
                    (C) section 802 of the National Security 
                Act of 1947 (50 U.S.C. 436) (to obtain 
                financial information, records, and consumer 
                reports);
                    (D) section 626 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681u) (to obtain 
                certain financial information and consumer 
                reports); and
                    (E) section 627 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681v) (to obtain 
                credit agency consumer records for 
                counterterrorism investigations).
            (2) Content.--
                    (A) In general.--Except as provided in 
                subparagraph (B), each report required under 
                this subsection shall include a good faith 
                estimate of the total number of requests 
                described in paragraph (1) requiring disclosure 
                of information concerning--
                            (i) United States persons; and
                            (ii) persons who are not United 
                        States persons.
                    (B) Exception.--With respect to the number 
                of requests for subscriber information under 
                section 2709 of title 18, United States Code, a 
                report required under this subsection need not 
                separate the number of requests into each of 
                the categories described in subparagraph (A).
            [(2)] (3) Unclassified form.--The report under this 
        section shall be submitted in unclassified form.
    (d) National Security Letter Defined.--In this section, the 
term ``national security letter'' means a request for 
information under one of the following provisions of law:
            (1) Section 2709(a) of title 18, United States Code 
        (to access certain communication service provider 
        records).
            (2) Section 1114(a)(5)(A) of the Right to Financial 
        Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to obtain 
        financial institution customer records).
            (3) Section 802 of the National Security Act of 
        1947 (50 U.S.C. 436) (to obtain financial information, 
        records, and consumer reports).
            (4) Section 626 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681u) (to obtain certain financial 
        information and consumer reports).
            (5) Section 627 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681v) (to obtain credit agency consumer 
        records for counterterrorism investigations).

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


          CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES

Sec. 831. Prohibited transactions involving nuclear materials

    (a) Whoever, if one of the circumstances described in 
subsection (c) of this section occurs--
            (1) without lawful authority, intentionally 
        receives, possesses, uses, transfers, alters, disposes 
        of, or disperses any nuclear material or nuclear 
        byproduct material and--
                    (A) thereby knowingly causes the death of 
                or serious bodily injury to any person or 
                substantial damage to property or to the 
                environment; or
                    (B) circumstances exist, or have been 
                represented to the defendant to exist, that are 
                likely to cause the death or serious bodily 
                injury to any person, or substantial damage to 
                property or to the environment;
            (2) with intent to deprive another of nuclear 
        material or nuclear byproduct material, knowingly--
                    (A) takes and carries away nuclear material 
                or nuclear byproduct material of another 
                without authority;
                    (B) makes an unauthorized use, disposition, 
                or transfer, of nuclear material or nuclear 
                byproduct material belonging to another; or
                    (C) uses fraud and thereby obtains nuclear 
                material or nuclear byproduct material 
                belonging to another;
            (3) without lawful authority, intentionally 
        carries, sends or moves nuclear material into or out of 
        a country;
            [(3)] (4) knowingly--
                    (A) uses force; or
                    (B) threatens or places another in fear 
                that any person other than the actor will 
                imminently be subject to bodily injury;
        and thereby takes nuclear material or nuclear byproduct 
        material belonging to another from the person or 
        presence of any other;
            [(4)] (5) intentionally intimidates any person and 
        thereby obtains nuclear material or nuclear byproduct 
        material belonging to another;
            [(5)] (6) with intent to compel any person, 
        international organization, or governmental entity to 
        do or refrain from doing any act, knowingly threatens 
        to engage in conduct described in paragraph (2)(A) or 
        (3) of this subsection;
            [(6)] (7) knowingly threatens to use nuclear 
        material or nuclear byproduct material to cause death 
        or serious bodily injury to any person or substantial 
        damage to property or to the environment under 
        circumstances in which the threat may reasonably be 
        understood as an expression of serious purposes;
            [(7)] (8) attempts to commit [an offense under 
        paragraph (1), (2), (3), or (4)] any act prohibited 
        under paragraphs (1) through (5) of this subsection; or
            [(8)] (9) is a party to a conspiracy of two or more 
        persons to commit [an offense under paragraph (1), (2), 
        (3), or (4)] any act prohibited under paragraphs (1) 
        through (7) of this subsection, if any of the parties 
        intentionally engages in any conduct in furtherance of 
        such offense;
shall be punished as provided in subsection (b) of this 
section.
    (b) The punishment for an offense under--
            (1) paragraphs (1) through [(7)] (8) of subsection 
        (a) of this section is--
                    (A) a fine under this title; and
                    (B) imprisonment--
                            (i) for any term of years or for 
                        life (I) if, while committing the 
                        offense, the offender knowingly causes 
                        the death of any person; or (II) if, 
                        while committing an offense under 
                        paragraph (1) or (3) of subsection (a) 
                        of this section, the offender, under 
                        circumstances manifesting extreme 
                        indifference to the life of an 
                        individual, knowingly engages in any 
                        conduct and thereby recklessly causes 
                        the death of or serious bodily injury 
                        to any person; and
                            (ii) for not more than 20 years in 
                        any other case; and
            (2) paragraph [(8)] (9) of subsection (a) of this 
        section is--
                    (A) a fine under this title; and
                    (B) imprisonment--
                            (i) for not more than 20 years if 
                        the offense which is the object of the 
                        conspiracy is punishable under 
                        paragraph (1)(B)(i); and
                            (ii) for not more than 10 years in 
                        any other case.
    (c) The circumstances referred to in subsection (a) of this 
section are that--
            (1) the offense is committed in the United States 
        or the special maritime and territorial jurisdiction of 
        the United States, or the special aircraft jurisdiction 
        of the United States (as defined in section 46501 of 
        title 49);
            (2) an offender or a victim is--
                    (A) a national of the United States or a 
                stateless person whose habitual residence is in 
                the United States; or
                    (B) a United States corporation or other 
                legal entity;
            (3) after the conduct required for the offense 
        occurs the defendant is found in the United States, 
        even if the conduct required for the offense occurs 
        outside the United States;
            (4) the conduct required for the offense occurs 
        with respect to the carriage of a consignment of 
        nuclear material or nuclear byproduct material for 
        peaceful purposes by any means of transportation 
        intended to go beyond the territory of the state where 
        the shipment originates beginning with the departure 
        from a facility of the shipper in that state and ending 
        with the arrival at a facility of the receiver within 
        the state of ultimate destination and either of such 
        states is the United States; [or]
            [(5) either--
                    [(A) the governmental entity under 
                subsection (a)(5) is the United States; or
                    [(B) the threat under subsection (a)(6) is 
                directed at the United States.]
            (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) 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.
    [(d)] (e) The Attorney General may request assistance from 
the Secretary of Defense under chapter 18 of title 10 in the 
enforcement of this section and the Secretary of Defense may 
provide such assistance in accordance with chapter 18 of title 
10, except that the Secretary of Defense may provide such 
assistance through any Department of Defense personnel.
    [(e)] (f)(1) The Attorney General may also request 
assistance from the Secretary of Defense under this subsection 
in the enforcement of this section. Notwithstanding section 
1385 of this title, the Secretary of Defense may, in accordance 
with other applicable law, provide such assistance to the 
Attorney General if--
            (A) an emergency situation exists (as jointly 
        determined by the Attorney General and the Secretary of 
        Defense in their discretion); and
            (B) the provision of such assistance will not 
        adversely affect the military preparedness of the 
        United States (as determined by the Secretary of 
        Defense in such Secretary's discretion).
    (2) As used in this subsection, the term ``emergency 
situation'' means a circumstance--
            (A) that poses a serious threat to the interests of 
        the United States; and
            (B) in which--
                    (i) enforcement of the law would be 
                seriously impaired if the assistance were not 
                provided; and
                    (ii) civilian law enforcement personnel are 
                not capable of enforcing the law.
    (3) Assistance under this section may include--
            (A) use of personnel of the Department of Defense 
        to arrest persons and conduct searches and seizures 
        with respect to violations of this section; and
            (B) such other activity as is incidental to the 
        enforcement of this section, or to the protection of 
        persons or property from conduct that violates this 
        section.
    (4) The Secretary of Defense may require reimbursement as a 
condition of assistance under this section.
    (5) The Attorney General may delegate the Attorney 
General's function under this subsection only to a Deputy, 
Associate, or Assistant Attorney General.
    [(f)] (g) As used in this section--
            (1) the term ``nuclear material'' means material 
        containing any--
                    (A) plutonium;
                    (B) uranium not in the form of ore or ore 
                residue that contains the mixture of isotopes 
                as occurring in nature;
                    (C) enriched uranium, defined as uranium 
                that contains the isotope 233 or 235 or both in 
                such amount that the abundance ratio of the sum 
                of those isotopes to the isotope 238 is greater 
                than the ratio of the isotope 235 to the 
                isotope 238 occurring in nature; or
                    (D) uranium 233;
            (2) the term ``nuclear byproduct material'' means 
        any material containing any radioactive isotope created 
        through an irradiation process in the operation of a 
        nuclear reactor or accelerator;
            (3) the term ``international organization'' means a 
        public international organization designated as such 
        pursuant to section 1 of the International 
        Organizations Immunities Act (22 U.S.C. 288) or a 
        public organization created pursuant to treaty or other 
        agreement under international law as an instrument 
        through or by which two or more foreign governments 
        engage in some aspect of their conduct of international 
        affairs;
            (4) the term ``serious bodily injury'' means bodily 
        injury which involves--
                    (A) a substantial risk of death;
                    (B) extreme physical pain;
                    (C) protracted and obvious disfigurement; 
                or
                    (D) protracted loss or impairment of the 
                function of a bodily member, organ, or mental 
                faculty;
            (5) the term ``bodily injury'' means--
                    (A) a cut, abrasion, bruise, burn, or 
                disfigurement;
                    (B) physical pain;
                    (C) illness;
                    (D) impairment of a function of a bodily 
                member, organ, or mental faculty; or
                    (E) any other injury to the body, no matter 
                how temporary;
            (6) the term ``national of the United States'' has 
        the same meaning as in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 
        [and]
            (7) the term ``United States corporation or other 
        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[.];
            (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
            (12) the term ``vessel of the United States'' has 
        the meaning given that term in section 70502 of title 
        46.

           *       *       *       *       *       *       *


                         CHAPTER 111--SHIPPING

Sec.
2271. Conspiracy to destroy vessels.
     * * * * * * *
2280a. Violence against maritime navigation and maritime transport 
          involving weapons of mass destruction.
     * * * * * * *
2281a. Additional offenses against maritime fixed platforms.

           *       *       *       *       *       *       *


Sec. 2280. Violence against maritime navigation

    (a) Offenses.--
            (1) In general.--A person who unlawfully and 
        intentionally--
                    (A) seizes or exercises control over a ship 
                by force or threat thereof or any other form of 
                intimidation;
                    (B) performs an act of violence against a 
                person on board a ship if that act is likely to 
                endanger the safe navigation of that ship;
                    (C) destroys a ship or causes damage to a 
                ship or to its cargo which is likely to 
                endanger the safe navigation of that ship;
                    (D) places or causes to be placed on a 
                ship, by any means whatsoever, a device or 
                substance which is likely to destroy that ship, 
                or cause damage to that ship or its cargo which 
                endangers or is likely to endanger the safe 
                navigation of that ship;
                    (E) destroys or seriously damages maritime 
                navigational facilities or seriously interferes 
                with their operation, if such act is likely to 
                endanger the safe navigation of a ship;
                    (F) communicates information, knowing the 
                information to be false and under circumstances 
                in which such information may reasonably be 
                believed, thereby endangering the safe 
                navigation of a ship;
                    (G) 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 (F); or
                    (H) attempts or conspires to do any act 
                prohibited under subparagraphs (A) through (G),
        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 punished by death or imprisoned for any term 
        of years or for life.
            (2) Threat to navigation.--A person who threatens 
        to do any act prohibited under paragraph (1)(B), (C) or 
        (E), with apparent determination and will to carry the 
        threat into execution, if the threatened act is likely 
        to endanger the safe navigation of the ship in 
        question, 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 ship 
                        flying the flag of the United States] 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; and
            (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) Bar To Prosecution.--It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in 
relation to a labor dispute, and such conduct is prohibited as 
a felony under the law of the State in which it was committed. 
For purposes of this section, the term ``labor dispute'' has 
the meaning set forth in [section 2(c)] section 13(c) of the 
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
    [(d) 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 Article 3 of the 
Convention for the Suppression of Unlawful Acts Against the 
Safety of Maritime Navigation may deliver such person to the 
authorities of a State Party to that Convention. 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. 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.
    [(e) Definitions.--In this section--
            [``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.]
            [``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)). ]
            [``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.]
            [``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.]
            [``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.]
    (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
                    (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;
            (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.
    (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 a party to the Convention for the Suppression 
of Unlawful Acts against the Safety of Maritime Navigation. 
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. 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. 2280a. Violence against maritime navigation and maritime transport 
                    involving weapons of mass destruction

    (a) Offenses.--
            (1) 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, 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 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) 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, 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. 2281. Violence against maritime fixed platforms

    (a) Offenses.--
            (1) In general.--A person who unlawfully and 
        intentionally--
                    (A) seizes or exercises control over a 
                fixed platform by force or threat thereof or 
                any other form of intimidation;
                    (B) performs an act of violence against a 
                person on board a fixed platform if that act is 
                likely to endanger its safety;
                    (C) destroys a fixed platform or causes 
                damage to it which is likely to endanger its 
                safety;
                    (D) places or causes to be placed on a 
                fixed platform, by any means whatsoever, a 
                device or substance which is likely to destroy 
                that fixed platform or likely to endanger its 
                safety;
                    (E) 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 (D); or
                    (F) attempts or conspires to do anything 
                prohibited under subparagraphs (A) through (E),
        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 punished by death or imprisoned for any term of 
        years or for life.
            (2) Threat to safety.--A person who threatens to do 
        anything prohibited under paragraph (1)(B) or (C), with 
        apparent determination and will to carry the threat 
        into execution, if the threatened act is likely to 
        endanger the safety of the fixed platform, 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) Bar To Prosecution.--It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in 
relation to a labor dispute, and such conduct is prohibited as 
a felony under the law of the State in which it was committed. 
For purposes of this section, the term ``labor dispute'' has 
the meaning set forth in [section 2(c)] section 13(c) of the 
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the 
term ``State'' means a State of the United States, the District 
of Columbia, and any commonwealth, territory, or possession of 
the United States.
    (d) Definitions.--In this section--
            ``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.
            ``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.
            [``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)).
            [``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.
            [``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.]
    (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. 2281a. Additional offenses against maritime fixed platforms

    (a) Offenses.--
            (1) 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;
                    (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) 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.

           *       *       *       *       *       *       *


                        CHAPTER 113B--TERRORISM

Sec.
2331. Definitions.
     * * * * * * *
2332i. Acts of nuclear terrorism.

           *       *       *       *       *       *       *


Sec. 2332b. Acts of terrorism transcending national boundaries

    (a) Prohibited Acts.--
            (1) Offenses.--Whoever, involving conduct 
        transcending national boundaries and in a circumstance 
        described in subsection (b)--
                    (A) kills, kidnaps, maims, commits an 
                assault resulting in serious bodily injury, or 
                assaults with a dangerous weapon any person 
                within the United States; or
                    (B) creates a substantial risk of serious 
                bodily injury to any other person by destroying 
                or damaging any structure, conveyance, or other 
                real or personal property within the United 
                States or by attempting or conspiring to 
                destroy or damage any structure, conveyance, or 
                other real or personal property within the 
                United States;
        in violation of the laws of any State, or the United 
        States, shall be punished as prescribed in subsection 
        (c).
            (2) Treatment of threats, attempts and 
        conspiracies.--Whoever threatens to commit an offense 
        under paragraph (1), or attempts or conspires to do so, 
        shall be punished under subsection (c).
    (b) Jurisdictional Bases.--
            (1) Circumstances.--The circumstances referred to 
        in subsection (a) are--
                    (A) the mail or any facility of interstate 
                or foreign commerce is used in furtherance of 
                the offense;
                    (B) the offense obstructs, delays, or 
                affects interstate or foreign commerce, or 
                would have so obstructed, delayed, or affected 
                interstate or foreign commerce if the offense 
                had been consummated;
                    (C) the victim, or intended victim, is the 
                United States Government, a member of the 
                uniformed services, or any official, officer, 
                employee, or agent of the legislative, 
                executive, or judicial branches, or of any 
                department or agency, of the United States;
                    (D) the structure, conveyance, or other 
                real or personal property is, in whole or in 
                part, owned, possessed, or leased to the United 
                States, or any department or agency of the 
                United States;
                    (E) the offense is committed in the 
                territorial sea (including the airspace above 
                and the seabed and subsoil below, and 
                artificial islands and fixed structures erected 
                thereon) of the United States; or
                    (F) the offense is committed within the 
                special maritime and territorial jurisdiction 
                of the United States.
            (2) Co-conspirators and accessories after the 
        fact.--Jurisdiction shall exist over all principals and 
        co-conspirators of an offense under this section, and 
        accessories after the fact to any offense under this 
        section, if at least one of the circumstances described 
        in subparagraphs (A) through (F) of paragraph (1) is 
        applicable to at least one offender.
    (c) Penalties.--
            (1) Penalties.--Whoever violates this section shall 
        be punished--
                    (A) for a killing, or if death results to 
                any person from any other conduct prohibited by 
                this section, by death, or by imprisonment for 
                any term of years or for life;
                    (B) for kidnapping, by imprisonment for any 
                term of years or for life;
                    (C) for maiming, by imprisonment for not 
                more than 35 years;
                    (D) for assault with a dangerous weapon or 
                assault resulting in serious bodily injury, by 
                imprisonment for not more than 30 years;
                    (E) for destroying or damaging any 
                structure, conveyance, or other real or 
                personal property, by imprisonment for not more 
                than 25 years;
                    (F) for attempting or conspiring to commit 
                an offense, for any term of years up to the 
                maximum punishment that would have applied had 
                the offense been completed; and
                    (G) for threatening to commit an offense 
                under this section, by imprisonment for not 
                more than 10 years.
            (2) Consecutive sentence.--Notwithstanding any 
        other provision of law, the court shall not place on 
        probation any person convicted of a violation of this 
        section; nor shall the term of imprisonment imposed 
        under this section run concurrently with any other term 
        of imprisonment.
    (d) Proof Requirements.--The following shall apply to 
prosecutions under this section:
            (1) Knowledge.--The prosecution is not required to 
        prove knowledge by any defendant of a jurisdictional 
        base alleged in the indictment.
            (2) State law.--In a prosecution under this section 
        that is based upon the adoption of State law, only the 
        elements of the offense under State law, and not any 
        provisions pertaining to criminal procedure or 
        evidence, are adopted.
    (e) Extraterritorial Jurisdiction.--There is 
extraterritorial Federal jurisdiction--
            (1) over any offense under subsection (a), 
        including any threat, attempt, or conspiracy to commit 
        such offense; and
            (2) over conduct which, under section 3, renders 
        any person an accessory after the fact to an offense 
        under subsection (a).
    (f) Investigative Authority.--In addition to any other 
investigative authority with respect to violations of this 
title, the Attorney General shall have primary investigative 
responsibility for all Federal crimes of terrorism, and any 
violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361, 
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the 
Secretary of the Treasury shall assist the Attorney General at 
the request of the Attorney General. Nothing in this section 
shall be construed to interfere with the authority of the 
United States Secret Service under section 3056.
    (g) Definitions.--As used in this section--
            (1) the term ``conduct transcending national 
        boundaries'' means conduct occurring outside of the 
        United States in addition to the conduct occurring in 
        the United States;
            (2) the term ``facility of interstate or foreign 
        commerce'' has the meaning given that term in section 
        1958(b)(2);
            (3) the term ``serious bodily injury'' has the 
        meaning given that term in section 1365(g)(3);
            (4) the term ``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; and
            (5) the term ``Federal crime of terrorism'' means 
        an offense that--
                    (A) is calculated to influence or affect 
                the conduct of government by intimidation or 
                coercion, or to retaliate against government 
                conduct; and
                    (B) is a violation of--
                            (i) section 32 (relating to 
                        destruction of aircraft or aircraft 
                        facilities), 37 (relating to violence 
                        at international airports), 81 
                        (relating to arson within special 
                        maritime and territorial jurisdiction), 
                        175 or 175b (relating to biological 
                        weapons), 175c (relating to variola 
                        virus), 229 (relating to chemical 
                        weapons), subsection (a), (b), (c), or 
                        (d) of section 351 (relating to 
                        congressional, cabinet, and Supreme 
                        Court assassination and kidnaping), 831 
                        (relating to nuclear materials), 832 
                        (relating to participation in nuclear 
                        and weapons of mass destruction threats 
                        to the United States) 842(m) or (n) 
                        (relating to plastic explosives), 
                        844(f)(2) or (3) (relating to arson and 
                        bombing of Government property risking 
                        or causing death), 844(i) (relating to 
                        arson and bombing of property used in 
                        interstate commerce), 930(c) (relating 
                        to killing or attempted killing during 
                        an attack on a Federal facility with a 
                        dangerous weapon), 956(a)(1) (relating 
                        to conspiracy to murder, kidnap, or 
                        maim persons abroad), 1030(a)(1) 
                        (relating to protection of computers), 
                        1030(a)(5)(A) resulting in damage as 
                        defined in 1030(c)(4)(A)(i)(II) through 
                        (VI) (relating to protection of 
                        computers), 1114 (relating to killing 
                        or attempted killing of officers and 
                        employees of the United States), 1116 
                        (relating to murder or manslaughter of 
                        foreign officials, official guests, or 
                        internationally protected persons), 
                        1203 (relating to hostage taking), 1361 
                        (relating to government property or 
                        contracts), 1362 (relating to 
                        destruction of communication lines, 
                        stations, or systems), 1363 (relating 
                        to injury to buildings or property 
                        within special maritime and territorial 
                        jurisdiction of the United States), 
                        1366(a) (relating to destruction of an 
                        energy facility), 1751(a), (b), (c), or 
                        (d) (relating to Presidential and 
                        Presidential staff assassination and 
                        kidnaping), 1992 (relating to terrorist 
                        attacks and other acts of violence 
                        against railroad carriers and against 
                        mass transportation systems on land, on 
                        water, or through the air), 2155 
                        (relating to destruction of national 
                        defense materials, premises, or 
                        utilities), 2156 (relating to national 
                        defense material, premises, or 
                        utilities), 2280 (relating to violence 
                        against maritime navigation), 2280a 
                        (relating to maritime safety), [2281] 
                        2281 through 2281a (relating to 
                        violence against maritime fixed 
                        platforms), 2332 (relating to certain 
                        homicides and other violence against 
                        United States nationals occurring 
                        outside of the United States), 2332a 
                        (relating to use of weapons of mass 
                        destruction), 2332b (relating to acts 
                        of terrorism transcending national 
                        boundaries), 2332f (relating to bombing 
                        of public places and facilities), 2332g 
                        (relating to missile systems designed 
                        to destroy aircraft), 2332h (relating 
                        to radiological dispersal devices), 
                        2332i (relating to acts of nuclear 
                        terrorism), 2339 (relating to harboring 
                        terrorists), 2339A (relating to 
                        providing material support to 
                        terrorists), 2339B (relating to 
                        providing material support to terrorist 
                        organizations), 2339C (relating to 
                        financing of terrorism), 2339D 
                        (relating to military-type training 
                        from a foreign terrorist organization), 
                        or 2340A (relating to torture) of this 
                        title;
                            (ii) sections 92 (relating to 
                        prohibitions governing atomic weapons) 
                        or 236 (relating to sabotage of nuclear 
                        facilities or fuel) of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2122 or 
                        2284);
                            (iii) section 46502 (relating to 
                        aircraft piracy), the second sentence 
                        of section 46504 (relating to assault 
                        on a flight crew with a dangerous 
                        weapon), section 46505(b)(3) or (c) 
                        (relating to explosive or incendiary 
                        devices, or endangerment of human life 
                        by means of weapons, on aircraft), 
                        section 46506 if homicide or attempted 
                        homicide is involved (relating to 
                        application of certain criminal laws to 
                        acts on aircraft), or section 60123(b) 
                        (relating to destruction of interstate 
                        gas or hazardous liquid pipeline 
                        facility) of title 49; or
                            (iv) section 1010A of the 
                        Controlled Substances Import and Export 
                        Act (relating to narco-terrorism).

           *       *       *       *       *       *       *


Sec. 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--
                    (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
                    (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.

           *       *       *       *       *       *       *


Sec. 2339B. Providing material support or resources to designated 
                    foreign terrorist organizations

    (a) Prohibited Activities.--
            (1) Unlawful conduct.--Whoever knowingly provides 
        material support or resources to a foreign terrorist 
        organization, or attempts or conspires to do so, shall 
        be fined under this title or imprisoned not more than 
        [15 years] 20 years, or both, and, if the death of any 
        person results, shall be imprisoned for any term of 
        years or for life. To violate this paragraph, a person 
        must have knowledge that the organization is a 
        designated terrorist organization (as defined in 
        subsection (g)(6)), that the organization has engaged 
        or engages in terrorist activity (as defined in section 
        212(a)(3)(B) of the Immigration and Nationality Act), 
        or that the organization has engaged or engages in 
        terrorism (as defined in section 140(d)(2) of the 
        Foreign Relations Authorization Act, Fiscal Years 1988 
        and 1989).
            (2) Financial institutions.--Except as authorized 
        by the Secretary, any financial institution that 
        becomes aware that it has possession of, or control 
        over, any funds in which a foreign terrorist 
        organization, or its agent, has an interest, shall--
                    (A) retain possession of, or maintain 
                control over, such funds; and
                    (B) report to the Secretary the existence 
                of such funds in accordance with regulations 
                issued by the Secretary.
    (b) Civil Penalty.--Any financial institution that 
knowingly fails to comply with subsection (a)(2) shall be 
subject to a civil penalty in an amount that is the greater 
of--
            (A) $50,000 per violation; or
            (B) twice the amount of which the financial 
        institution was required under subsection (a)(2) to 
        retain possession or control.
    (c) Injunction.--Whenever it appears to the Secretary or 
the Attorney General that any person is engaged in, or is about 
to engage in, any act that constitutes, or would constitute, a 
violation of this section, the Attorney General may initiate 
civil action in a district court of the United States to enjoin 
such violation.
    (d) Extraterritorial Jurisdiction.--
            (1) In general.--There is jurisdiction over an 
        offense under subsection (a) if--
                    (A) an offender is a national of the United 
                States (as defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22))) or an alien lawfully admitted for 
                permanent residence in the United States (as 
                defined in section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(20)));
                    (B) an offender is a stateless person whose 
                habitual residence is in the United States;
                    (C) after the conduct required for the 
                offense occurs an offender is brought into or 
                found in the United States, even if the conduct 
                required for the offense occurs outside the 
                United States;
                    (D) the offense occurs in whole or in part 
                within the United States;
                    (E) the offense occurs in or affects 
                interstate or foreign commerce; or
                    (F) an offender aids or abets any person 
                over whom jurisdiction exists under this 
                paragraph in committing an offense under 
                subsection (a) or conspires with any person 
                over whom jurisdiction exists under this 
                paragraph to commit an offense under subsection 
                (a).
            (2) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over an offense 
        under this section.
    (e) Investigations.--
            (1) In general.--The Attorney General shall conduct 
        any investigation of a possible violation of this 
        section, or of any license, order, or regulation issued 
        pursuant to this section.
            (2) Coordination with the department of the 
        treasury.--The Attorney General shall work in 
        coordination with the Secretary in investigations 
        relating to--
                    (A) the compliance or noncompliance by a 
                financial institution with the requirements of 
                subsection (a)(2); and
                    (B) civil penalty proceedings authorized 
                under subsection (b).
            (3) Referral.--Any evidence of a criminal violation 
        of this section arising in the course of an 
        investigation by the Secretary or any other Federal 
        agency shall be referred immediately to the Attorney 
        General for further investigation. The Attorney General 
        shall timely notify the Secretary of any action taken 
        on referrals from the Secretary, and may refer 
        investigations to the Secretary for remedial licensing 
        or civil penalty action.
    (f) Classified Information in Civil Proceedings Brought by 
the United States.--
            (1) Discovery of classified information by 
        defendants.--
                    (A) Request by United States.--In any civil 
                proceeding under this section, upon request 
                made ex parte and in writing by the United 
                States, a court, upon a sufficient showing, may 
                authorize the United States to--
                            (i) redact specified items of 
                        classified information from documents 
                        to be introduced into evidence or made 
                        available to the defendant through 
                        discovery under the Federal Rules of 
                        Civil Procedure;
                            (ii) substitute a summary of the 
                        information for such classified 
                        documents; or
                            (iii) substitute a statement 
                        admitting relevant facts that the 
                        classified information would tend to 
                        prove.
                    (B) Order granting request.--If the court 
                enters an order granting a request under this 
                paragraph, the entire text of the documents to 
                which the request relates shall be sealed and 
                preserved in the records of the court to be 
                made available to the appellate court in the 
                event of an appeal.
                    (C) Denial of request.--If the court enters 
                an order denying a request of the United States 
                under this paragraph, the United States may 
                take an immediate, interlocutory appeal in 
                accordance with paragraph (5). For purposes of 
                such an appeal, the entire text of the 
                documents to which the request relates, 
                together with any transcripts of arguments made 
                ex parte to the court in connection therewith, 
                shall be maintained under seal and delivered to 
                the appellate court.
            (2) Introduction of classified information; 
        precautions by court.--
                    (A) Exhibits.--To prevent unnecessary or 
                inadvertent disclosure of classified 
                information in a civil proceeding brought by 
                the United States under this section, the 
                United States may petition the court ex parte 
                to admit, in lieu of classified writings, 
                recordings, or photographs, one or more of the 
                following:
                            (i) Copies of items from which 
                        classified information has been 
                        redacted.
                            (ii) Stipulations admitting 
                        relevant facts that specific classified 
                        information would tend to prove.
                            (iii) A declassified summary of the 
                        specific classified information.
                    (B) Determination by court.--The court 
                shall grant a request under this paragraph if 
                the court finds that the redacted item, 
                stipulation, or summary is sufficient to allow 
                the defendant to prepare a defense.
            (3) Taking of trial testimony.--
                    (A) Objection.--During the examination of a 
                witness in any civil proceeding brought by the 
                United States under this subsection, the United 
                States may object to any question or line of 
                inquiry that may require the witness to 
                disclose classified information not previously 
                found to be admissible.
                    (B) Action by court.--In determining 
                whether a response is admissible, the court 
                shall take precautions to guard against the 
                compromise of any classified information, 
                including--
                            (i) permitting the United States to 
                        provide the court, ex parte, with a 
                        proffer of the witness's response to 
                        the question or line of inquiry; and
                            (ii) requiring the defendant to 
                        provide the court with a proffer of the 
                        nature of the information that the 
                        defendant seeks to elicit.
                    (C) Obligation of defendant.--In any civil 
                proceeding under this section, it shall be the 
                defendant's obligation to establish the 
                relevance and materiality of any classified 
                information sought to be introduced.
            (4) Appeal.--If the court enters an order denying a 
        request of the United States under this subsection, the 
        United States may take an immediate interlocutory 
        appeal in accordance with paragraph (5).
            (5) Interlocutory appeal.--
                    (A) Subject of appeal.--An interlocutory 
                appeal by the United States shall lie to a 
                court of appeals from a decision or order of a 
                district court--
                            (i) authorizing the disclosure of 
                        classified information;
                            (ii) imposing sanctions for 
                        nondisclosure of classified 
                        information; or
                            (iii) refusing a protective order 
                        sought by the United States to prevent 
                        the disclosure of classified 
                        information.
                    (B) Expedited consideration.--
                            (i) In general.--An appeal taken 
                        pursuant to this paragraph, either 
                        before or during trial, shall be 
                        expedited by the court of appeals.
                            (ii) Appeals prior to trial.--If an 
                        appeal is of an order made prior to 
                        trial, an appeal shall be taken not 
                        later than 14 days after the decision 
                        or order appealed from, and the trial 
                        shall not commence until the appeal is 
                        resolved.
                            (iii) Appeals during trial.--If an 
                        appeal is taken during trial, the trial 
                        court shall adjourn the trial until the 
                        appeal is resolved, and the court of 
                        appeals--
                                    (I) shall hear argument on 
                                such appeal not later than 4 
                                days after the adjournment of 
                                the trial, excluding 
                                intermediate weekends and 
                                holidays;
                                    (II) may dispense with 
                                written briefs other than the 
                                supporting materials previously 
                                submitted to the trial court;
                                    (III) shall render its 
                                decision not later than 4 days 
                                after argument on appeal, 
                                excluding intermediate weekends 
                                and holidays; and
                                    (IV) may dispense with the 
                                issuance of a written opinion 
                                in rendering its decision.
                    (C) Effect of ruling.--An interlocutory 
                appeal and decision shall not affect the right 
                of the defendant, in a subsequent appeal from a 
                final judgment, to claim as error reversal by 
                the trial court on remand of a ruling appealed 
                from during trial.
            (6) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective 
        orders or asserting privileges ordinarily available to 
        the United States to protect against the disclosure of 
        classified information, including the invocation of the 
        military and State secrets privilege.
    (g) Definitions.--As used in this section--
            (1) the term ``classified information'' has the 
        meaning given that term in section 1(a) of the 
        Classified Information Procedures Act (18 U.S.C. App.);
            (2) the term ``financial institution'' has the same 
        meaning as in section 5312(a)(2) of title 31, United 
        States Code;
            (3) the term ``funds'' includes coin or currency of 
        the United States or any other country, traveler's 
        checks, personal checks, bank checks, money orders, 
        stocks, bonds, debentures, drafts, letters of credit, 
        any other negotiable instrument, and any electronic 
        representation of any of the foregoing;
            (4) the term ``material support or resources'' has 
        the same meaning given that term in section 2339A 
        (including the definitions of ``training'' and ``expert 
        advice or assistance'' in that section);
            (5) the term ``Secretary'' means the Secretary of 
        the Treasury; and
            (6) the term ``terrorist organization'' means an 
        organization designated as a terrorist organization 
        under section 219 of the Immigration and Nationality 
        Act.
    (h) Provision of Personnel.--No person may be prosecuted 
under this section in connection with the term ``personnel'' 
unless that person has knowingly provided, attempted to 
provide, or conspired to provide a foreign terrorist 
organization with 1 or more individuals (who may be or include 
himself) to work under that terrorist organization's direction 
or control or to organize, manage, supervise, or otherwise 
direct the operation of that organization. Individuals who act 
entirely independently of the foreign terrorist organization to 
advance its goals or objectives shall not be considered to be 
working under the foreign terrorist organization's direction 
and control.
    (i) Rule of Construction.--Nothing in this section shall be 
construed or applied so as to abridge the exercise of rights 
guaranteed under the First Amendment to the Constitution of the 
United States.
    (j) Exception.--No person may be prosecuted under this 
section in connection with the term ``personnel'', 
``training'', or ``expert advice or assistance'' if the 
provision of that material support or resources to a foreign 
terrorist organization was approved by the Secretary of State 
with the concurrence of the Attorney General. The Secretary of 
State may not approve the provision of any material support 
that may be used to carry out terrorist activity (as defined in 
section 212(a)(3)(B)(iii) of the Immigration and Nationality 
Act).

           *       *       *       *       *       *       *


      CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND 
TRANSACTIONAL RECORDS ACCESS

           *       *       *       *       *       *       *


Sec. 2702. Voluntary disclosure of customer communications or records

    (a) Prohibitions.--Except as provided in subsection (b) or 
(c)--
            (1) a person or entity providing an electronic 
        communication service to the public shall not knowingly 
        divulge to any person or entity the contents of a 
        communication while in electronic storage by that 
        service; and
            (2) a person or entity providing remote computing 
        service to the public shall not knowingly divulge to 
        any person or entity the contents of any communication 
        which is carried or maintained on that service--
                    (A) on behalf of, and received by means of 
                electronic transmission from (or created by 
                means of computer processing of communications 
                received by means of electronic transmission 
                from), a subscriber or customer of such 
                service;
                    (B) solely for the purpose of providing 
                storage or computer processing services to such 
                subscriber or customer, if the provider is not 
                authorized to access the contents of any such 
                communications for purposes of providing any 
                services other than storage or computer 
                processing; and
            (3) a provider of remote computing service or 
        electronic communication service to the public shall 
        not knowingly divulge a record or other information 
        pertaining to a subscriber to or customer of such 
        service (not including the contents of communications 
        covered by paragraph (1) or (2)) to any governmental 
        entity.
    (b) Exceptions for disclosure of communications.--A 
provider described in subsection (a) may divulge the contents 
of a communication--
            (1) to an addressee or intended recipient of such 
        communication or an agent of such addressee or intended 
        recipient;
            (2) as otherwise authorized in section 2517, 
        2511(2)(a), or 2703 of this title;
            (3) with the lawful consent of the originator or an 
        addressee or intended recipient of such communication, 
        or the subscriber in the case of remote computing 
        service;
            (4) to a person employed or authorized or whose 
        facilities are used to forward such communication to 
        its destination;
            (5) as may be necessarily incident to the rendition 
        of the service or to the protection of the rights or 
        property of the provider of that service;
            (6) to the National Center for Missing and 
        Exploited Children, in connection with a report 
        submitted thereto under section 2258A;
            (7) to a law enforcement agency--
                    (A) if the contents--
                            (i) were inadvertently obtained by 
                        the service provider; and
                            (ii) appear to pertain to the 
                        commission of a crime;
            (8) to a governmental entity, if the provider, in 
        good faith, believes that an emergency involving danger 
        of death or serious physical injury to any person 
        requires disclosure without delay of communications 
        relating to the emergency.
    (c) Exceptions for Disclosure of Customer Records.--A 
provider described in subsection (a) may divulge a record or 
other information pertaining to a subscriber to or customer of 
such service (not including the contents of communications 
covered by subsection (a)(1) or (a)(2))--
            (1) as otherwise authorized in section 2703;
            (2) with the lawful consent of the customer or 
        subscriber;
            (3) as may be necessarily incident to the rendition 
        of the service or to the protection of the rights or 
        property of the provider of that service;
            (4) to a governmental entity, if the provider, in 
        good faith, believes that an emergency involving danger 
        of death or serious physical injury to any person 
        requires disclosure without delay of information 
        relating to the emergency;
            (5) to the National Center for Missing and 
        Exploited Children, in connection with a report 
        submitted thereto under section 2258A; or
            (6) to any person other than a governmental entity.
    (d) Reporting of Emergency Disclosures.--On an annual 
basis, the Attorney General shall submit to the Committee on 
the Judiciary of the House of Representatives and the Committee 
on the Judiciary of the Senate a report containing--
            (1) the number of accounts from which the 
        Department of Justice has received voluntary 
        disclosures under subsection (b)(8)[; and];
            (2) a summary of the basis for disclosure in those 
        instances where--
                    (A) voluntary disclosures under subsection 
                (b)(8) were made to the Department of Justice; 
                and
                    (B) the investigation pertaining to those 
                disclosures was closed without the filing of 
                criminal charges[.]; and
            (3) the number of accounts from which the 
        Department of Justice has received voluntary 
        disclosures under subsection (c)(4).

           *       *       *       *       *       *       *


Sec. 2709. Counterintelligence access to telephone toll and 
                    transactional records

    (a) Duty to Provide.--A wire or electronic communication 
service provider shall comply with a request for subscriber 
information and toll billing records information, or electronic 
communication transactional records in its custody or 
possession made by the Director of the Federal Bureau of 
Investigation under subsection (b) of this section.
    (b) Required Certification.--The Director of the Federal 
Bureau of Investigation, or his 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, [may] may, using a term that specifically 
identifies a person, entity, telephone number, or account as 
the basis for a request--
            (1) request the name, address, length of service, 
        and local and long distance toll billing records of a 
        person or entity if the Director (or his designee) 
        certifies in writing to the wire or electronic 
        communication service provider to which the request is 
        made that the name, address, length of service, and 
        toll billing records sought are relevant to an 
        authorized investigation to protect against 
        international terrorism or clandestine intelligence 
        activities, provided that such an investigation of a 
        United States person is not conducted solely on the 
        basis of activities protected by the first amendment to 
        the Constitution of the United States; and
            (2) request the name, address, and length of 
        service of a person or entity if the Director (or his 
        designee) certifies in writing to the wire or 
        electronic communication service provider to which the 
        request is made that the information sought is relevant 
        to an authorized investigation to protect against 
        international terrorism or clandestine intelligence 
        activities, provided that such an investigation of a 
        United States person is not conducted solely upon the 
        basis of activities protected by the first amendment to 
        the Constitution of the United States.
    [(c) Prohibition of Certain Disclosure.--
            [(1) If the Director of the Federal Bureau of 
        Investigation, or his 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, certifies that otherwise 
        there may result a danger to the national security of 
        the United States, interference with a criminal, 
        counterterrorism, or counterintelligence investigation, 
        interference with diplomatic relations, or danger to 
        the life or physical safety of any person, no wire or 
        electronic communications service provider, or officer, 
        employee, or agent thereof, shall disclose to any 
        person (other than those to whom such disclosure is 
        necessary to comply with the request or an attorney to 
        obtain legal advice or legal assistance with respect to 
        the request) that the Federal Bureau of Investigation 
        has sought or obtained access to information or records 
        under this section.
            [(2) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under paragraph (1).
            [(3) Any recipient disclosing to those persons 
        necessary to comply with the request or to an attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such person of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        paragraph (1).
            [(4) 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 this section 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, except that nothing in this 
        section shall require a person to inform the Director 
        or such designee of the identity of an attorney to whom 
        disclosure was made or will be made to obtain legal 
        advice or legal assistance with respect to the request 
        under subsection (a).]
    (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) 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.
                    (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) Judicial Review.--
            (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).
    [(d)] (e) Dissemination by Bureau.--The Federal Bureau of 
Investigation may disseminate information and records obtained 
under this section only as provided in guidelines approved by 
the Attorney General for foreign intelligence collection and 
foreign counterintelligence investigations conducted by the 
Federal Bureau of Investigation, and, with respect to 
dissemination to an agency of the United States, only if such 
information is clearly relevant to the authorized 
responsibilities of such agency.
    [(e)] (f) Requirement That Certain Congressional Bodies Be 
Informed.--On a semiannual basis the Director of the Federal 
Bureau of Investigation shall fully inform the 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 House of Representatives and 
the Committee on the Judiciary of the Senate, concerning all 
requests made under subsection (b) of this section.
    [(f)] (g) Libraries.--A library (as that term is defined in 
section 213(1) of the Library Services and Technology Act (20 
U.S.C. 9122(1)), the services of which include access to the 
Internet, books, journals, magazines, newspapers, or other 
similar forms of communication in print or digitally by patrons 
for their use, review, examination, or circulation, is not a 
wire or electronic communication service provider for purposes 
of this section, unless the library is providing the services 
defined in section 2510(15) (``electronic communication 
service'') of this title.

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 223--WITNESSES AND EVIDENCE

           *       *       *       *       *       *       *


Sec. 3511. Judicial review of requests for information

    (a) The recipient of a request for records, a report, or 
other information under section 2709(b) of this title, section 
626(a) or (b) or 627(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947 may, in the 
United States district court for the district in which that 
person or entity does business or resides, petition for an 
order modifying or setting aside the request. The court may 
modify or set aside the request if compliance would be 
unreasonable, oppressive, or otherwise unlawful.
    [(b)(1) The recipient of a request for records, a report, 
or other information under section 2709(b) of this title, 
section 626(a) or (b) or 627(a) of the Fair Credit Reporting 
Act, section 1114(a)(5)(A) of the Right to Financial Privacy 
Act, or section 802(a) of the National Security Act of 1947, 
may petition any court described in subsection (a) for an order 
modifying or setting aside a nondisclosure requirement imposed 
in connection with such a request.
    [(2) If the petition is filed within one year of the 
request for records, a report, or other information under 
section 2709(b) of this title, section 626(a) or (b) or 627(a) 
of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the 
Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947, the court may modify or set 
aside such a nondisclosure requirement if it finds that there 
is no reason to believe that disclosure may endanger the 
national security of the United States, interfere with a 
criminal, counterterrorism, or counterintelligence 
investigation, interfere with diplomatic relations, or endanger 
the life or physical safety of any person. If, at the time of 
the petition, the Attorney General, Deputy Attorney General, an 
Assistant Attorney General, or the Director of the Federal 
Bureau of Investigation, 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 such department, agency, or instrumentality, 
certifies that disclosure may endanger the national security of 
the United States or interfere with diplomatic relations, such 
certification shall be treated as conclusive unless the court 
finds that the certification was made in bad faith.
    [(3) If the petition is filed one year or more after the 
request for records, a report, or other information under 
section 2709(b) of this title, section 626(a) or (b) or 627(a) 
of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the 
Right to Financial Privacy Act, or section 802(a) of the 
National Security Act of 1947, the Attorney General, Deputy 
Attorney General, an Assistant Attorney General, or the 
Director of the Federal Bureau of Investigation, or his 
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 Federal Bureau of 
Investigation, the head or deputy head of such department, 
agency, or instrumentality, within ninety days of the filing of 
the petition, shall either terminate the nondisclosure 
requirement or re-certify that disclosure may result in a 
danger to the national security of the United States, 
interference with a criminal, counterterrorism, or 
counterintelligence investigation, interference with diplomatic 
relations, or danger to the life or physical safety of any 
person. In the event of re-certification, the court may modify 
or set aside such a nondisclosure requirement if it finds that 
there is no reason to believe that disclosure may endanger the 
national security of the United States, interfere with a 
criminal, counterterrorism, or counterintelligence 
investigation, interfere with diplomatic relations, or endanger 
the life or physical safety of any person. If the 
recertification that disclosure may endanger the national 
security of the United States or interfere with diplomatic 
relations is made by the Attorney General, Deputy Attorney 
General, an Assistant Attorney General, or the Director of the 
Federal Bureau of Investigation, such certification shall be 
treated as conclusive unless the court finds that the 
recertification was made in bad faith. If the court denies a 
petition for an order modifying or setting aside a 
nondisclosure requirement under this paragraph, the recipient 
shall be precluded for a period of one year from filing another 
petition to modify or set aside such nondisclosure 
requirement.]
    (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) 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 
                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) 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.
    (c) In the case of a failure to comply with a request for 
records, a report, or other information made to any person or 
entity under section 2709(b) of this title, section 626(a) or 
(b) or 627(a) of the Fair Credit Reporting Act, section 
1114(a)(5)(A) of the Right to Financial Privacy Act, or section 
802(a) of the National Security Act of 1947, the Attorney 
General may invoke the aid of any district court of the United 
States within the jurisdiction in which the investigation is 
carried on or the person or entity resides, carries on 
business, or may be found, to compel compliance with the 
request. The court may issue an order requiring the person or 
entity to comply with the request. Any failure to obey the 
order of the court may be punished by the court as contempt 
thereof. Any process under this section may be served in any 
judicial district in which the person or entity may be found.
    (d) In all proceedings under this section, subject to any 
right to an open hearing in a contempt proceeding, the court 
must close any hearing to the extent necessary to prevent an 
unauthorized disclosure of a request for records, a report, or 
other information made to any person or entity under section 
2709(b) of this title, section 626(a) or (b) or 627(a) of the 
Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right 
to Financial Privacy Act, or section 802(a) of the National 
Security Act of 1947. Petitions, filings, records, orders, and 
subpoenas must also be kept under seal to the extent and as 
long as necessary to prevent the unauthorized disclosure of a 
request for records, a report, or other information made to any 
person or entity under section 2709(b) of this title, section 
626(a) or (b) or 627(a) of the Fair Credit Reporting Act, 
section 1114(a)(5)(A) of the Right to Financial Privacy Act, or 
section 802(a) of the National Security Act of 1947.
    (e) In all proceedings under this section, the court shall, 
upon request of the government, review ex parte and in camera 
any government submission or portions thereof, which may 
include classified information.

           *       *       *       *       *       *       *

                              ----------                              


                 RIGHT TO FINANCIAL PRIVACY ACT OF 1978



           *       *       *       *       *       *       *
TITLE XI--RIGHT TO FINANCIAL PRIVACY

           *       *       *       *       *       *       *


                           special procedures

    Sec. 1114. (a)(1) Nothing in this title (except sections 
1115, 1117, 1118, and 1121) shall apply to the production and 
disclosure of financial records pursuant to requests from--
            (A) a Government authority authorized to conduct 
        foreign counter- or foreign positive-intelligence 
        activities for purposes of conducting such activities;
            (B) the Secret Service for the purpose of 
        conducting its protective functions (18 U.S.C. 3056; 3 
        U.S.C. 202, Public Law 90-331, as amended); or
                    (C) a Government authority authorized to 
                conduct investigations of, or intelligence or 
                counterintelligence analyses related to, 
                international terrorism for the purpose of 
                conducting such investigations or analyses.
    (2) In the instances specified in paragraph (1), the 
Government authority shall submit to the financial institution 
the certificate required in section 1103(b) signed by a 
supervisory official of a rank designated by the head of the 
Government authority[.] 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.
            (3)(A) If the Government authority described in 
        paragraph (1) or the Secret Service, as the case may 
        be, certifies that otherwise there may result a danger 
        to the national security of the United States, 
        interference with a criminal, counterterrorism, or 
        counterintelligence investigation, interference with 
        diplomatic relations, or danger to the life or physical 
        safety of any person, no financial institution, or 
        officer, employee, or agent of such institution, shall 
        disclose to any person (other than those to whom such 
        disclosure is necessary to comply with the request or 
        an attorney to obtain legal advice or legal assistance 
        with respect to the request) that the Government 
        authority or the Secret Service has sought or obtained 
        access to a customer's financial records.
            (B) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under subparagraph (A).
            (C) Any recipient disclosing to those persons 
        necessary to comply with the request or to an attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such persons of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        subparagraph (A).
            (D) At the request of the authorized Government 
        authority or the Secret Service, any person making or 
        intending to make a disclosure under this section shall 
        identify to the requesting official of the authorized 
        Government authority or the Secret Service the person 
        to whom such disclosure will be made or to whom such 
        disclosure was made prior to the request, except that 
        nothing in this section shall require a person to 
        inform the requesting official of the authorized 
        Government authority or the Secret Service of the 
        identity of an attorney to whom disclosure was made or 
        will be made to obtain legal advice or legal assistance 
        with respect to the request for financial records under 
        this subsection.
    (4) The Government authority specified in paragraph (1) 
shall compile an annual tabulation of the occasions in which 
this section was used.
    (5)(A) Financial institutions, and officers, employees, and 
agents thereof, shall comply with a request for a customer's or 
entity's financial records made pursuant to this subsection by 
the Federal Bureau of Investigation when the Director of the 
Federal Bureau of Investigation (or the Director's 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) certifies in writing to the 
financial institution that such records are sought for foreign 
counter intelligence purposes to protect against international 
terrorism or clandestine intelligence activities, provided that 
such an investigation of a United States person is not 
conducted solely upon the basis of activities protected by the 
first amendment to the Constitution of the United States.
    (B) The Federal Bureau of Investigation may disseminate 
information obtained pursuant to this paragraph only as 
provided in guidelines approved by the Attorney General for 
foreign intelligence collection and foreign counterintelligence 
investigations conducted by the Federal Bureau of 
Investigation, and, with respect to dissemination to an agency 
of the United States, only if such information is clearly 
relevant to the authorized responsibilities of such agency.
    (C) On the dates provided in section 507 of the National 
Security Act of 1947, the Attorney General shall fully inform 
the congressional intelligence committees (as defined in 
section 3 of that Act (50 U.S.C. 401a)) concerning all requests 
made pursuant to this paragraph.
            [(D) Prohibition of certain disclosure.--
                    [(i) If the Director of the Federal Bureau 
                of Investigation, or his 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, certifies that otherwise there 
                may result a danger to the national security of 
                the United States, interference with a 
                criminal, counterterrorism, or 
                counterintelligence investigation, interference 
                with diplomatic relations, or danger to the 
                life or physical safety of any person, no 
                financial institution, or officer, employee, or 
                agent of such institution, shall disclose to 
                any person (other than those to whom such 
                disclosure is necessary to comply with the 
                request or an attorney to obtain legal advice 
                or legal assistance with respect to the 
                request) that the Federal Bureau of 
                Investigation has sought or obtained access to 
                a customer's or entity's financial records 
                under subparagraph (A).
                    [(ii) The request shall notify the person 
                or entity to whom the request is directed of 
                the nondisclosure requirement under clause (i).
                    [(iii) Any recipient disclosing to those 
                persons necessary to comply with the request or 
                to an attorney to obtain legal advice or legal 
                assistance with respect to the request shall 
                inform such persons of any applicable 
                nondisclosure requirement. Any person who 
                receives a disclosure under this subsection 
                shall be subject to the same prohibitions on 
                disclosure under clause (i).
                    [(iv) 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 this section 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, except that nothing in this section 
                shall require a person to inform the Director 
                or such designee of the identity of an attorney 
                to whom disclosure was made or will be made to 
                obtain legal advice or legal assistance with 
                respect to the request for financial records 
                under subparagraph (A).]
    (b)(1) Nothing in this title shall prohibit a Government 
authority from obtaining financial records from a financial 
institution if the Government authority determines that delay 
in obtaining access to such records would create imminent 
danger of--
            (A) physical injury to any person;
            (B) serious property damage; or
            (C) flight to avoid prosecution.
    (2) In the instances specified in paragraph (1), the 
Government shall submit to the financial institution the 
certificate required in section 1103(b) signed by a supervisory 
official of a rank designated by the head of the Government 
authority.
    (3) Within five days of obtaining access to financial 
records under this subsection, the Government authority shall 
file with the appropriate court a signed, sworn statement of a 
supervisory official of a rank designated by the head of the 
Government authority setting forth the grounds for the 
emergency access. The Government authority shall thereafter 
comply with notice the provisions of section 1109(c).
    (4) The Government authority specified in paragraph (1) 
shall compile an annual tabulation of the occasions in which 
this section was used.
    (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) 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.
                    (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) 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).
    [(d)] (e) For purposes of this section, and sections 1115 
and 1117 insofar as they relate to the operation of this 
section, the term ``financial institution'' has the same 
meaning as in subsections (a)(2) and (c)(1) of section 5312 of 
title 31, United States Code, except that, for purposes of this 
section, such term shall include only such a financial 
institution any part of which is located inside any State or 
territory of the United States, the District of Columbia, 
Puerto Rico, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, or the United States Virgin Islands.

           *       *       *       *       *       *       *

                              ----------                              


                       FAIR CREDIT REPORTING ACT



           *       *       *       *       *       *       *
TITLE VI--CONSUMER CREDIT REPORTING

           *       *       *       *       *       *       *


Sec. 626. Disclosures to FBI for counterintelligence purposes

    (a) Identity of Financial Institutions.--Notwithstanding 
section 604 or any other provision of this title, a consumer 
reporting agency shall furnish to the Federal Bureau of 
Investigation the names and addresses of all financial 
institutions (as that term is defined in section 1101 of the 
Right to Financial Privacy Act of 1978) at which a consumer 
maintains or has maintained an account, to the extent that 
information is in the files of the agency, when presented with 
a written request for [that information,] 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, signed by the Director of the Federal Bureau of 
Investigation, or the Director's designee in a position not 
lower than Deputy Assistant Director at Bureau headquarters or 
a Special Agent in Charge of a Bureau field office designated 
by the Director, which certifies compliance with this section. 
The Director or the Director's designee may make such a 
certification only if the Director or the Director's designee 
has determined in writing, that such information is sought for 
the conduct of an authorized investigation to protect against 
international terrorism or clandestine intelligence activities, 
provided that such an investigation of a United States person 
is not conducted solely upon the basis of activities protected 
by the first amendment to the Constitution of the United 
States.
    (b) Identifying Information.--Notwithstanding the 
provisions of section 604 or any other provision of this title, 
a consumer reporting agency shall furnish identifying 
information respecting a consumer, limited to name, address, 
former addresses, places of employment, or former places of 
employment, to the Federal Bureau of Investigation when 
presented with a [written request,] 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, signed by the Director or the Director's designee 
in a position not lower than Deputy Assistant Director at 
Bureau headquarters or a Special Agent in Charge of a Bureau 
field office designated by the Director, which certifies 
compliance with this subsection. The Director or the Director's 
designee may make such a certification only if the Director or 
the Director's designee has determined in writing that such 
information is sought for the conduct of an authorized 
investigation to protect against international terrorism or 
clandestine intelligence activities, provided that such an 
investigation of a United States person is not conducted solely 
upon the basis of activities protected by the first amendment 
to the Constitution of the United States.
    (c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this 
title, if requested in writing by the Director of the Federal 
Bureau of Investigation, or a designee of the Director 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, a court may issue an order 
ex parte, which shall include a term that specifically 
identifies a consumer or account to be used as the basis for 
the production of the information, directing a consumer 
reporting agency to furnish a consumer report to the Federal 
Bureau of Investigation, upon a showing in camera that the 
consumer report is sought for the conduct of an authorized 
investigation to protect against international terrorism or 
clandestine intelligence activities, provided that such an 
investigation of a United States person is not conducted solely 
upon the basis of activities protected by the first amendment 
to the Constitution of the United States.
The terms of an order issued under this subsection shall not 
disclose that the order is issued for purposes of a 
counterintelligence investigation.
    [(d) Confidentiality.--
            [(1) If the Director of the Federal Bureau of 
        Investigation, or his 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, certifies that otherwise 
        there may result a danger to the national security of 
        the United States, interference with a criminal, 
        counterterrorism, or counterintelligence investigation, 
        interference with diplomatic relations, or danger to 
        the life or physical safety of any person, no consumer 
        reporting agency or officer, employee, or agent of a 
        consumer reporting agency shall disclose to any person 
        (other than those to whom such disclosure is necessary 
        to comply with the request or an attorney to obtain 
        legal advice or legal assistance with respect to the 
        request) that the Federal Bureau of Investigation has 
        sought or obtained the identity of financial 
        institutions or a consumer report respecting any 
        consumer under subsection (a), (b), or (c), and no 
        consumer reporting agency or officer, employee, or 
        agent of a consumer reporting agency shall include in 
        any consumer report any information that would indicate 
        that the Federal Bureau of Investigation has sought or 
        obtained such information on a consumer report.
            [(2) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under paragraph (1).
            [(3) Any recipient disclosing to those persons 
        necessary to comply with the request or to an attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such persons of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        paragraph (1).
            [(4) 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 this section 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, except that nothing in this 
        section shall require a person to inform the Director 
        or such designee of the identity of an attorney to whom 
        disclosure was made or will be made to obtain legal 
        advice or legal assistance with respect to the request 
        for the identity of financial institutions or a 
        consumer report respecting any consumer under this 
        section.]
    (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) 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 
                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.
    (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).
    [(e)] (f) Payment of Fees.--The Federal Bureau of 
Investigation shall, subject to the availability of 
appropriations, pay to the consumer reporting agency assembling 
or providing report or information in accordance with 
procedures established under this section a fee for 
reimbursement for such costs as are reasonably necessary and 
which have been directly incurred in searching, reproducing, or 
transporting books, papers, records, or other data required or 
requested to be produced under this section.
    [(f)] (g) Limit on Dissemination.--The Federal Bureau of 
Investigation may not disseminate information obtained pursuant 
to this section outside of the Federal Bureau of Investigation, 
except to other Federal agencies as may be necessary for the 
approval or conduct of a foreign counterintelligence 
investigation, or, where the information concerns a person 
subject to the Uniform Code of Military Justice, to appropriate 
investigative authorities within the military department 
concerned as may be necessary for the conduct of a joint 
foreign counterintelligence investigation.
    [(g)] (h) Rules of Construction.--Nothing in this section 
shall be construed to prohibit information from being furnished 
by the Federal Bureau of Investigation pursuant to a subpoena 
or court order, in connection with a judicial or administrative 
proceeding to enforce the provisions of this Act. Nothing in 
this section shall be construed to authorize or permit the 
withholding of information from the Congress.
    [(h)] (i) Reports to Congress.--(1) On a semiannual basis, 
the Attorney General shall fully inform the Permanent Select 
Committee on Intelligence and the Committee on Banking, Finance 
and Urban Affairs of the House of Representatives, and the 
Select Committee on Intelligence and the Committee on Banking, 
Housing, and Urban Affairs of the Senate concerning all 
requests made pursuant to subsections (a), (b), and (c).
    (2) In the case of the semiannual reports required to be 
submitted under paragraph (1) to the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate, the submittal dates 
for such reports shall be as provided in section 507 of the 
National Security Act of 1947.
    [(i)] (j) Damages.--Any agency or department of the United 
States obtaining or disclosing any consumer reports, records, 
or information contained therein in violation of this section 
is liable to the consumer to whom such consumer reports, 
records, or information relate in an amount equal to the sum 
of--
            (1) $100, without regard to the volume of consumer 
        reports, records, or information involved;
            (2) any actual damages sustained by the consumer as 
        a result of the disclosure;
            (3) if the violation is found to have been willful 
        or intentional, such punitive damages as a court may 
        allow; and
            (4) in the case of any successful action to enforce 
        liability under this subsection, the costs of the 
        action, together with reasonable attorney fees, as 
        determined by the court.
    [(j)] (k) Disciplinary Actions for Violations.--If a court 
determines that any agency or department of the United States 
has violated any provision of this section and the court finds 
that the circumstances surrounding the violation raise 
questions of whether or not an officer or employee of the 
agency or department acted willfully or intentionally with 
respect to the violation, the agency or department shall 
promptly initiate a proceeding to determine whether or not 
disciplinary action is warranted against the officer or 
employee who was responsible for the violation.
    [(k)] (l) Good-Faith Exception.--Notwithstanding any other 
provision of this title, any consumer reporting agency or agent 
or employee thereof making disclosure of consumer reports or 
identifying information pursuant to this subsection in good-
faith reliance upon a certification of the Federal Bureau of 
Investigation pursuant to provisions of this section shall not 
be liable to any person for such disclosure under this title, 
the constitution of any State, or any law or regulation of any 
State or any political subdivision of any State.
    [(l)] (m) Limitation of Remedies.--Notwithstanding any 
other provision of this title, the remedies and sanctions set 
forth in this section shall be the only judicial remedies and 
sanctions for violation of this section.
    [(m)] (n) Injunctive Relief.--In addition to any other 
remedy contained in this section, injunctive relief shall be 
available to require compliance with the procedures of this 
section. In the event of any successful action under this 
subsection, costs together with reasonable attorney fees, as 
determined by the court, may be recovered.

Sec. 627. Disclosures to governmental agencies for counterterrorism 
                    purposes

    (a) Disclosure.--Notwithstanding section 604 or any other 
provision of this title, a consumer reporting agency shall 
furnish a consumer report of a consumer and all other 
information in a consumer's file to a government agency 
authorized to conduct investigations of, or intelligence or 
counterintelligence activities or analysis related to, 
international terrorism when presented with a written 
certification by such government agency that such information 
is necessary for the agency's conduct or such investigation, 
activity or [analysis.] 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.
    (b) Form of Certification.--The certification described in 
subsection (a) shall be signed by a supervisory official 
designated by the head of a Federal agency or an officer of a 
Federal agency whose appointment to office is required to be 
made by the President, by and with the advice and consent of 
the Senate.
    [(c) Confidentiality.--
            [(1) If the head of a government agency authorized 
        to conduct investigations of intelligence or 
        counterintelligence activities or analysis related to 
        international terrorism, or his designee, certifies 
        that otherwise there may result a danger to the 
        national security of the United States, interference 
        with a criminal, counterterrorism, or 
        counterintelligence investigation, interference with 
        diplomatic relations, or danger to the life or physical 
        safety of any person, no consumer reporting agency or 
        officer, employee, or agent of such consumer reporting 
        agency, shall disclose to any person (other than those 
        to whom such disclosure is necessary to comply with the 
        request or an attorney to obtain legal advice or legal 
        assistance with respect to the request), or specify in 
        any consumer report, that a government agency has 
        sought or obtained access to information under 
        subsection (a).
            [(2) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under paragraph (1).
            [(3) Any recipient disclosing to those persons 
        necessary to comply with the request or to any attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such persons of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        paragraph (1).
            [(4) At the request of the authorized government 
        agency, any person making or intending to make a 
        disclosure under this section shall identify to the 
        requesting official of the authorized government agency 
        the person to whom such disclosure will be made or to 
        whom such disclosure was made prior to the request, 
        except that nothing in this section shall require a 
        person to inform the requesting official of the 
        identity of an attorney to whom disclosure was made or 
        will be made to obtain legal advice or legal assistance 
        with respect to the request for information under 
        subsection (a).]
    (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) 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.
                    (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.
    (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).
    [(d)] (e) Rule of Construction.--Nothing in section 626 
shall be construed to limit the authority of the Director of 
the Federal Bureau of Investigation under this section.
    [(e)] (f) Safe Harbor.--Notwithstanding any other provision 
of this title, any consumer reporting agency or agent or 
employee thereof making disclosure of consumer reports or other 
information pursuant to this section in good-faith reliance 
upon a certification of a government agency pursuant to the 
provisions of this section shall not be liable to any person 
for such disclosure under this subchapter, the constitution of 
any State, or any law or regulation of any State or any 
political subdivision of any State.
    [(f)] (g) Reports to Congress.--(1) On a semi-annual basis, 
the Attorney General shall fully inform the Committee on the 
Judiciary, the Committee on Financial Services, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on the Judiciary, the 
Committee on Banking, Housing, and Urban Affairs, and the 
Select Committee on Intelligence of the Senate concerning all 
requests made pursuant to subsection (a).
    (2) In the case of the semiannual reports required to be 
submitted under paragraph (1) to the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate, the submittal dates 
for such reports shall be as provided in section 507 of the 
National Security Act of 1947 (50 U.S.C. 415b).

           *       *       *       *       *       *       *

                              ----------                              


                     NATIONAL SECURITY ACT OF 1947



           *       *       *       *       *       *       *
TITLE VIII--ACCESS TO CLASSIFIED INFORMATION

           *       *       *       *       *       *       *


             requests by authorized investigative agencies

    Sec. 802. (a)(1) Any authorized investigative agency may 
request from any financial agency, financial institution, or 
holding company, or from any consumer reporting agency, such 
financial records, other financial information, and consumer 
reports as may be necessary in order to conduct any authorized 
law enforcement investigation, counterintelligence inquiry, or 
security determination. Any authorized investigative agency may 
also request records maintained by any commercial entity within 
the United States pertaining to travel by an employee in the 
executive branch of Government outside the United States.
    (2) Requests may be made under this section where--
            (A) the records sought pertain to a person who is 
        or was an employee in the executive branch of 
        Government required by the President in an Executive 
        order or regulation, as a condition of access to 
        classified information, to provide consent, during a 
        background investigation and for such time as access to 
        the information is maintained, and for a period of not 
        more than three years thereafter, permitting access to 
        financial records, other financial information, 
        consumer reports, and travel records; and
            (B)(i) there are reasonable grounds to believe, 
        based on credible information, that the person is, or 
        may be, disclosing classified information in an 
        unauthorized manner to a foreign power or agent of a 
        foreign power;
            (ii) information the employing agency deems 
        credible indicates the person has incurred excessive 
        indebtedness or has acquired a level of affluence which 
        cannot be explained by other information known to the 
        agency; or
            (iii) circumstances indicate the person had the 
        capability and opportunity to disclose classified 
        information which is known to have been lost or 
        compromised to a foreign power or an agent of a foreign 
        power.
    (3) Each such request--
            (A) shall be accompanied by a written certification 
        signed by the department or agency head or deputy 
        department or agency head concerned, or by a senior 
        official designated for this purpose by the department 
        or agency head concerned (whose rank shall be no lower 
        than Assistant Secretary or Assistant Director), and 
        shall certify that--
                    (i) the person concerned is or was an 
                employee within the meaning of paragraph 
                (2)(A);
                    (ii) the request is being made pursuant to 
                an authorized inquiry or investigation and is 
                authorized under this section; and
                    (iii) the records or information to be 
                reviewed are records or information which the 
                employee has previously agreed to make 
                available to the authorized investigative 
                agency for review;
            (B) shall contain a copy of the agreement referred 
        to in subparagraph (A)(iii);
            (C) shall identify specifically or by category the 
        records or information to be reviewed; and
            (D) shall inform the recipient of the request of 
        the prohibition described in subsection (b).
    [(b) Prohibition of Certain Disclosure.--
            [(1) If an authorized investigative agency 
        described in subsection (a) certifies that otherwise 
        there may result a danger to the national security of 
        the United States, interference with a criminal, 
        counterterrorism, or counterintelligence investigation, 
        interference with diplomatic relations, or danger to 
        the life or physical safety of any person, no 
        governmental or private entity, or officer, employee, 
        or agent of such entity, may disclose to any person 
        (other than those to whom such disclosure is necessary 
        to comply with the request or an attorney to obtain 
        legal advice or legal assistance with respect to the 
        request) that such entity has received or satisfied a 
        request made by an authorized investigative agency 
        under this section.
            [(2) The request shall notify the person or entity 
        to whom the request is directed of the nondisclosure 
        requirement under paragraph (1).
            [(3) Any recipient disclosing to those persons 
        necessary to comply with the request or to an attorney 
        to obtain legal advice or legal assistance with respect 
        to the request shall inform such persons of any 
        applicable nondisclosure requirement. Any person who 
        receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under 
        paragraph (1).
            [(4) At the request of the authorized investigative 
        agency, any person making or intending to make a 
        disclosure under this section shall identify to the 
        requesting official of the authorized investigative 
        agency the person to whom such disclosure will be made 
        or to whom such disclosure was made prior to the 
        request, except that nothing in this section shall 
        require a person to inform the requesting official of 
        the identity of an attorney to whom disclosure was made 
        or will be made to obtain legal advice or legal 
        assistance with respect to the request under subsection 
        (a).]
    (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) 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.
                    (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.
    (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).
    [(c)] (d)(1) Notwithstanding any other provision of law 
(other than section 6103 of the Internal Revenue Code of 1986), 
an entity receiving a request for records or information under 
subsection (a) shall, if the request satisfies the requirements 
of this section, make available such records or information 
within 30 days for inspection or copying, as may be 
appropriate, by the agency requesting such records or 
information.
    (2) Any entity (including any officer, employee, or agent 
thereof) that discloses records or information for inspection 
or copying pursuant to this section in good faith reliance upon 
the certifications made by an agency pursuant to this section 
shall not be liable for any such disclosure to any person under 
this title, the constitution of any State, or any law or 
regulation of any State or any political subdivision of any 
State.
    [(d)] (e) Any agency requesting records or information 
under this section may, subject to the availability of 
appropriations, reimburse a private entity for any cost 
reasonably incurred by such entity in responding to such 
request, including the cost of identifying, reproducing, or 
transporting records or other data.
    [(e)] (f) An agency receiving records or information 
pursuant to a request under this section may disseminate the 
records or information obtained pursuant to such request 
outside the agency only--
            (1) to the agency employing the employee who is the 
        subject of the records or information;
            (2) to the Department of Justice for law 
        enforcement or counterintelligence purposes; or
            (3) with respect to dissemination to an agency of 
        the United States, if such information is clearly 
        relevant to the authorized responsibilities of such 
        agency.
    [(f)] (g) Nothing in this section may be construed to 
affect the authority of an investigative agency to obtain 
information pursuant to the Right to Financial Privacy Act (12 
U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.).

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        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004



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                     TITLE VI--TERRORISM PREVENTION

     Subtitle A--Individual Terrorists as Agents of Foreign Powers

SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.

    (a) In General.--Section 101(b)(1) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is 
amended by adding at the end the following new subparagraph:
                    ``(C) engages in international terrorism or 
                activities in preparation therefore; or''.
    (b) Sunset.--
            (1) In general.--Except as provided in paragraph 
        (2), the amendment made by subsection (a) shall cease 
        to have effect on [June 1, 2015] December 15, 2019.
            (2) Exception.--With respect to any particular 
        foreign intelligence investigation that began before 
        the date on which the provisions referred to in 
        paragraph (1) cease to have effect, or with respect to 
        any particular offense or potential offense that began 
        or occurred before the date on which the provisions 
        cease to have effect, such provisions shall continue in 
        effect.

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                     Committee Jurisdiction Letters

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