II 

Calendar No. 87 

114TH CONGRESS 

1ST SESSION H. R. 2048 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2015 

Received; read the first time 

MAY 18, 2015 

Read the second time and placed on the calendar 

AN ACT 

To reform the authorities of the Federal Government to 

require the production of certain business records, conduct electronic surveillance, use pen registers and trap 

and trace devices, and use other forms of information 

gathering for foreign intelligence, counterterrorism, and 

criminal purposes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Uniting and Strengthening America by Fulfilling Rights 

6 and Ensuring Effective Discipline Over Monitoring Act of 

7 2015’’ or the ‘‘USA FREEDOM Act of 2015’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Additional requirements for call detail records. 

Sec. 102. Emergency authority. 

Sec. 103. Prohibition on bulk collection of tangible things. 

Sec. 104. Judicial review. 

Sec. 105. Liability protection. 

Sec. 106. Compensation for assistance. 

Sec. 107. Definitions. 

Sec. 108. Inspector General reports on business records orders. 

Sec. 109. Effective date. 

Sec. 110. Rule of construction. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 

REFORM 

Sec. 201. Prohibition on bulk collection. 

Sec. 202. Privacy procedures. 

TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 

THE UNITED STATES REFORMS 

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

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 

REFORMS 

Sec. 401. Appointment of amicus curiae. 

Sec. 402. Declassification of decisions, orders, and opinions. 

TITLE V—NATIONAL SECURITY LETTER REFORM 

Sec. 501. Prohibition on bulk collection. 

Sec. 502. Limitations on disclosure of national security letters. 

Sec. 503. Judicial review. 

TITLE VI—FISA TRANSPARENCY AND REPORTING 

REQUIREMENTS 

Sec. 601. Additional reporting on orders requiring production of business 

records; business records compliance reports to Congress. 

Sec. 602. Annual reports by the Government. 

Sec. 603. Public reporting by persons subject to FISA orders. 

Sec. 604. Reporting requirements for decisions, orders, and opinions of the 

Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. 

Sec. 605. Submission of reports under FISA. 

TITLE VII—ENHANCED NATIONAL SECURITY PROVISIONS 

Sec. 701. Emergencies involving non-United States persons. 


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Sec. 702. Preservation of treatment of non-United States persons traveling outside the United States as agents of foreign powers. 

Sec. 703. Improvement to investigations of international proliferation of weapons of mass destruction. 

Sec. 704. Increase in penalties for material support of foreign terrorist organizations. 

Sec. 705. Sunsets. 

TITLE VIII—SAFETY OF MARITIME NAVIGATION AND NUCLEAR 

TERRORISM CONVENTIONS IMPLEMENTATION 

Subtitle A—Safety of Maritime Navigation 

Sec. 801. Amendment to section 2280 of title 18, United States Code. 

Sec. 802. New section 2280a of title 18, United States Code. 

Sec. 803. Amendments to section 2281 of title 18, United States Code. 

Sec. 804. New section 2281a of title 18, United States Code. 

Sec. 805. Ancillary measure. 

Subtitle B—Prevention of Nuclear Terrorism 

Sec. 811. New section 2332i of title 18, United States Code. 

Sec. 812. Amendment to section 831 of title 18, United States Code. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or a repeal of, a section or other 

6 provision, the reference shall be considered to be made to 

7 a section or other provision of the Foreign Intelligence 

8 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 

9 TITLE I—FISA BUSINESS 

10 RECORDS REFORMS 

11 SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 

12 RECORDS. 

13 (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 

14 1861(b)(2)) is amended— 

15 (1) in subparagraph (A)— 


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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘a statement’’ and inserting ‘‘in the 

3 case of an application other than an application 

4 described in subparagraph (C) (including an ap5 plication for the production of call detail 

6 records other than in the manner described in 

7 subparagraph (C)), a statement’’; and 

8 (B) in clause (iii), by striking ‘‘; and’’ and 

9 inserting a semicolon; 

10 (2) by redesignating subparagraphs (A) and 

11 (B) as subparagraphs (B) and (D), respectively; and 

12 (3) by inserting after subparagraph (B) (as so 

13 redesignated) the following new subparagraph: 

14 ‘‘(C) in the case of an application for the 

15 production on an ongoing basis of call detail 

16 records created before, on, or after the date of 

17 the application relating to an authorized inves18 tigation (other than a threat assessment) con19 ducted in accordance with subsection (a)(2) to 

20 protect against international terrorism, a state21 ment of facts showing that— 

22 ‘‘(i) there are reasonable grounds to 

23 believe that the call detail records sought 

24 to be produced based on the specific selecVerDate Sep 11 2014 02:30 May 19, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.PCS H2048

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1 tion term required under subparagraph (A) 

2 are relevant to such investigation; and 

3 ‘‘(ii) there is a reasonable, articulable 

4 suspicion that such specific selection term 

5 is associated with a foreign power engaged 

6 in international terrorism or activities in 

7 preparation therefor, or an agent of a for8 eign power engaged in international ter9 rorism or activities in preparation therefor; 

10 and’’. 

11 (b) ORDER.—Section 501(c)(2) (50 U.S.C. 

12 1861(c)(2)) is amended— 

13 (1) in subparagraph (D), by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (2) in subparagraph (E), by striking the period 

16 and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(F) in the case of an application de20 scribed in subsection (b)(2)(C), shall— 

21 ‘‘(i) authorize the production on a 

22 daily basis of call detail records for a pe23 riod not to exceed 180 days; 

24 ‘‘(ii) provide that an order for such 

25 production may be extended upon applicaVerDate Sep 11 2014 02:30 May 19, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.PCS H2048

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1 tion under subsection (b) and the judicial 

2 finding under paragraph (1) of this sub3 section; 

4 ‘‘(iii) provide that the Government 

5 may require the prompt production of a 

6 first set of call detail records using the 

7 specific selection term that satisfies the 

8 standard required under subsection 

9 (b)(2)(C)(ii); 

10 ‘‘(iv) provide that the Government 

11 may require the prompt production of a 

12 second set of call detail records using ses13 sion-identifying information or a telephone 

14 calling card number identified by the spe15 cific selection term used to produce call de16 tail records under clause (iii); 

17 ‘‘(v) provide that, when produced, 

18 such records be in a form that will be use19 ful to the Government; 

20 ‘‘(vi) direct each person the Govern21 ment directs to produce call detail records 

22 under the order to furnish the Government 

23 forthwith all information, facilities, or 

24 technical assistance necessary to accom25 plish the production in such a manner as 


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1 will protect the secrecy of the production 

2 and produce a minimum of interference 

3 with the services that such person is pro4 viding to each subject of the production; 

5 and 

6 ‘‘(vii) direct the Government to— 

7 ‘‘(I) adopt minimization proce8 dures that require the prompt de9 struction of all call detail records pro10 duced under the order that the Gov11 ernment determines are not foreign 

12 intelligence information; and 

13 ‘‘(II) destroy all call detail 

14 records produced under the order as 

15 prescribed by such procedures.’’. 

16 SEC. 102. EMERGENCY AUTHORITY. 

17 (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF

21 TANGIBLE THINGS.— 

22 ‘‘(1) Notwithstanding any other provision of 

23 this section, the Attorney General may require the 

24 emergency production of tangible things if the Attor25 ney General— 


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1 ‘‘(A) reasonably determines that an emer2 gency situation requires the production of tan3 gible things before an order authorizing such 

4 production can with due diligence be obtained; 

5 ‘‘(B) reasonably determines that the fac6 tual basis for the issuance of an order under 

7 this section to approve such production of tan8 gible things exists; 

9 ‘‘(C) informs, either personally or through 

10 a designee, a judge having jurisdiction under 

11 this section at the time the Attorney General 

12 requires the emergency production of tangible 

13 things that the decision has been made to em14 ploy the authority under this subsection; and 

15 ‘‘(D) makes an application in accordance 

16 with this section to a judge having jurisdiction 

17 under this section as soon as practicable, but 

18 not later than 7 days after the Attorney Gen19 eral requires the emergency production of tan20 gible things under this subsection. 

21 ‘‘(2) If the Attorney General requires the emer22 gency production of tangible things under paragraph 

23 (1), the Attorney General shall require that the 

24 minimization procedures required by this section for 

25 the issuance of a judicial order be followed. 


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1 ‘‘(3) In the absence of a judicial order approv2 ing the production of tangible things under this sub3 section, the production shall terminate when the in4 formation sought is obtained, when the application 

5 for the order is denied, or after the expiration of 7 

6 days from the time the Attorney General begins re7 quiring the emergency production of such tangible 

8 things, whichever is earliest. 

9 ‘‘(4) A denial of the application made under 

10 this subsection may be reviewed as provided in sec11 tion 103. 

12 ‘‘(5) If such application for approval is denied, 

13 or in any other case where the production of tangible 

14 things is terminated and no order is issued approv15 ing the production, no information obtained or evi16 dence derived from such production shall be received 

17 in evidence or otherwise disclosed in any trial, hear18 ing, or other proceeding in or before any court, 

19 grand jury, department, office, agency, regulatory 

20 body, legislative committee, or other authority of the 

21 United States, a State, or a political subdivision 

22 thereof, and no information concerning any United 

23 States person acquired from such production shall 

24 subsequently be used or disclosed in any other man25 ner by Federal officers or employees without the 


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1 consent of such person, except with the approval of 

2 the Attorney General if the information indicates a 

3 threat of death or serious bodily harm to any per4 son. 

5 ‘‘(6) The Attorney General shall assess compli6 ance with the requirements of paragraph (5).’’. 

7 (b) CONFORMING AMENDMENT.—Section 501(d) (50 

8 U.S.C. 1861(d)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A), by striking ‘‘pursuant to an order’’ and in12 serting ‘‘pursuant to an order issued or an 

13 emergency production required’’; 

14 (B) in subparagraph (A), by striking ‘‘such 

15 order’’ and inserting ‘‘such order or such emer16 gency production’’; and 

17 (C) in subparagraph (B), by striking ‘‘the 

18 order’’ and inserting ‘‘the order or the emer19 gency production’’; and 

20 (2) in paragraph (2)— 

21 (A) in subparagraph (A), by striking ‘‘an 

22 order’’ and inserting ‘‘an order or emergency 

23 production’’; and 


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1 (B) in subparagraph (B), by striking ‘‘an 

2 order’’ and inserting ‘‘an order or emergency 

3 production’’. 

4 SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN5 GIBLE THINGS. 

6 (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 

7 1861(b)(2)), as amended by section 101(a) of this Act, 

8 is further amended by inserting before subparagraph (B), 

9 as redesignated by such section 101(a) of this Act, the 

10 following new subparagraph: 

11 ‘‘(A) a specific selection term to be used as 

12 the basis for the production of the tangible 

13 things sought;’’. 

14 (b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is 

15 amended— 

16 (1) in paragraph (2)(A), by striking the semi17 colon and inserting ‘‘, including each specific selec18 tion term to be used as the basis for the produc19 tion;’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) No order issued under this subsection may 

23 authorize the collection of tangible things without 

24 the use of a specific selection term that meets the 

25 requirements of subsection (b)(2).’’. 


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1 SEC. 104. JUDICIAL REVIEW. 

2 (a) MINIMIZATION PROCEDURES.— 

3 (1) JUDICIAL REVIEW.—Section 501(c)(1) (50 

4 U.S.C. 1861(c)(1)) is amended by inserting after 

5 ‘‘subsections (a) and (b)’’ the following: ‘‘and that 

6 the minimization procedures submitted in accord7 ance with subsection (b)(2)(D) meet the definition of 

8 minimization procedures under subsection (g)’’. 

9 (2) RULE OF CONSTRUCTION.—Section 501(g) 

10 (50 U.S.C. 1861(g)) is amended by adding at the 

11 end the following new paragraph: 

12 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection shall limit the authority of the court 

14 established under section 103(a) to impose addi15 tional, particularized minimization procedures with 

16 regard to the production, retention, or dissemination 

17 of nonpublicly available information concerning 

18 unconsenting United States persons, including addi19 tional, particularized procedures related to the de20 struction of information within a reasonable time pe21 riod.’’. 

22 (3) TECHNICAL AND CONFORMING AMEND23 MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is 

24 amended— 

25 (A) by striking ‘‘Not later than 180 days 

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1 TRIOT Improvement and Reauthorization Act 

2 of 2005, the’’ and inserting ‘‘The’’; and 

3 (B) by inserting after ‘‘adopt’’ the fol4 lowing: ‘‘, and update as appropriate,’’. 

5 (b) ORDERS.—Section 501(f)(2) (50 U.S.C. 

6 1861(f)(2)) is amended— 

7 (1) in subparagraph (A)(i)— 

8 (A) by striking ‘‘that order’’ and inserting 

9 ‘‘the production order or any nondisclosure 

10 order imposed in connection with the produc11 tion order’’; and 

12 (B) by striking the second sentence; and 

13 (2) in subparagraph (C)— 

14 (A) by striking clause (ii); and 

15 (B) by redesignating clause (iii) as clause 

16 (ii). 

17 SEC. 105. LIABILITY PROTECTION. 

18 Section 501(e) (50 U.S.C. 1861(e)) is amended to 

19 read as follows: 

20 ‘‘(e)(1) No cause of action shall lie in any court 

21 against a person who— 

22 ‘‘(A) produces tangible things or provides infor23 mation, facilities, or technical assistance in accord24 ance with an order issued or an emergency produc25 tion required under this section; or 


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1 ‘‘(B) otherwise provides technical assistance to 

2 the Government under this section or to implement 

3 the amendments made to this section by the USA 

4 FREEDOM Act of 2015. 

5 ‘‘(2) A production or provision of information, facili6 ties, or technical assistance described in paragraph (1) 

7 shall not be deemed to constitute a waiver of any privilege 

8 in any other proceeding or context.’’. 

9 SEC. 106. COMPENSATION FOR ASSISTANCE. 

10 Section 501 (50 U.S.C. 1861), as amended by section 

11 102 of this Act, is further amended by adding at the end 

12 the following new subsection: 

13 ‘‘(j) COMPENSATION.—The Government shall com14 pensate a person for reasonable expenses incurred for— 

15 ‘‘(1) producing tangible things or providing in16 formation, facilities, or assistance in accordance with 

17 an order issued with respect to an application de18 scribed in subsection (b)(2)(C) or an emergency pro19 duction under subsection (i) that, to comply with 

20 subsection (i)(1)(D), requires an application de21 scribed in subsection (b)(2)(C); or 

22 ‘‘(2) otherwise providing technical assistance to 

23 the Government under this section or to implement 

24 the amendments made to this section by the USA 

25 FREEDOM Act of 2015.’’. 


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1 SEC. 107. DEFINITIONS. 

2 Section 501 (50 U.S.C. 1861), as amended by section 

3 106 of this Act, is further amended by adding at the end 

4 the following new subsection: 

5 ‘‘(k) DEFINITIONS.—In this section: 

6 ‘‘(1) IN GENERAL.—The terms ‘foreign power’, 

7 ‘agent of a foreign power’, ‘international terrorism’, 

8 ‘foreign intelligence information’, ‘Attorney General’, 

9 ‘United States person’, ‘United States’, ‘person’, and 

10 ‘State’ have the meanings provided those terms in 

11 section 101. 

12 ‘‘(2) ADDRESS.—The term ‘address’ means a 

13 physical address or electronic address, such as an 

14 electronic mail address or temporarily assigned net15 work address (including an Internet protocol ad16 dress). 

17 ‘‘(3) CALL DETAIL RECORD.—The term ‘call de18 tail record’— 

19 ‘‘(A) means session-identifying information 

20 (including an originating or terminating tele21 phone number, an International Mobile Sub22 scriber Identity number, or an International 

23 Mobile Station Equipment Identity number), a 

24 telephone calling card number, or the time or 

25 duration of a call; and 

26 ‘‘(B) does not include— 


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1 ‘‘(i) the contents (as defined in section 

2 2510(8) of title 18, United States Code) of 

3 any communication; 

4 ‘‘(ii) the name, address, or financial 

5 information of a subscriber or customer; or 

6 ‘‘(iii) cell site location or global posi7 tioning system information. 

8 ‘‘(4) SPECIFIC SELECTION TERM.— 

9 ‘‘(A) TANGIBLE THINGS.— 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in subparagraph (B), a ‘specific se12 lection term’— 

13 ‘‘(I) is a term that specifically 

14 identifies a person, account, address, 

15 or personal device, or any other spe16 cific identifier; and 

17 ‘‘(II) is used to limit, to the 

18 greatest extent reasonably practicable, 

19 the scope of tangible things sought 

20 consistent with the purpose for seek21 ing the tangible things. 

22 ‘‘(ii) LIMITATION.—A specific selec23 tion term under clause (i) does not include 

24 an identifier that does not limit, to the 

25 greatest extent reasonably practicable, the 


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1 scope of tangible things sought consistent 

2 with the purpose for seeking the tangible 

3 things, such as an identifier that— 

4 ‘‘(I) identifies an electronic com5 munication service provider (as that 

6 term is defined in section 701) or a 

7 provider of remote computing service 

8 (as that term is defined in section 

9 2711 of title 18, United States Code), 

10 when not used as part of a specific 

11 identifier as described in clause (i), 

12 unless the provider is itself a subject 

13 of an authorized investigation for 

14 which the specific selection term is 

15 used as the basis for the production; 

16 or 

17 ‘‘(II) identifies a broad geo18 graphic region, including the United 

19 States, a city, a county, a State, a zip 

20 code, or an area code, when not used 

21 as part of a specific identifier as de22 scribed in clause (i). 

23 ‘‘(iii) RULE OF CONSTRUCTION.— 

24 Nothing in this paragraph shall be con25 strued to preclude the use of multiple 


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1 terms or identifiers to meet the require2 ments of clause (i). 

3 ‘‘(B) CALL DETAIL RECORD APPLICA4 TIONS.—For purposes of an application sub5 mitted under subsection (b)(2)(C), the term 

6 ‘specific selection term’ means a term that spe7 cifically identifies an individual, account, or per8 sonal device.’’. 

9 SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 

10 RECORDS ORDERS. 

11 Section 106A of the USA PATRIOT Improvement 

12 and Reauthorization Act of 2005 (Public Law 109–177; 

13 120 Stat. 200) is amended— 

14 (1) in subsection (b)— 

15 (A) in paragraph (1), by inserting ‘‘and 

16 calendar years 2012 through 2014’’ after 

17 ‘‘2006’’; 

18 (B) by striking paragraphs (2) and (3); 

19 (C) by redesignating paragraphs (4) and 

20 (5) as paragraphs (2) and (3), respectively; and 

21 (D) in paragraph (3) (as so redesig22 nated)— 

23 (i) by striking subparagraph (C) and 

24 inserting the following new subparagraph: 


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1 ‘‘(C) with respect to calendar years 2012 

2 through 2014, an examination of the minimiza3 tion procedures used in relation to orders under 

4 section 501 of the Foreign Intelligence Surveil5 lance Act of 1978 (50 U.S.C. 1861) and wheth6 er the minimization procedures adequately pro7 tect the constitutional rights of United States 

8 persons;’’; and 

9 (ii) in subparagraph (D), by striking 

10 ‘‘(as such term is defined in section 3(4) of 

11 the National Security Act of 1947 (50 

12 U.S.C. 401a(4)))’’; 

13 (2) in subsection (c), by adding at the end the 

14 following new paragraph: 

15 ‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— 

16 Not later than 1 year after the date of enactment 

17 of the USA FREEDOM Act of 2015, the Inspector 

18 General of the Department of Justice shall submit 

19 to the Committee on the Judiciary and the Select 

20 Committee on Intelligence of the Senate and the 

21 Committee on the Judiciary and the Permanent Se22 lect Committee on Intelligence of the House of Rep23 resentatives a report containing the results of the 

24 audit conducted under subsection (a) for calendar 

25 years 2012 through 2014.’’; 


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1 (3) by redesignating subsections (d) and (e) as 

2 subsections (e) and (f), respectively; 

3 (4) by inserting after subsection (c) the fol4 lowing new subsection: 

5 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

6 ‘‘(1) IN GENERAL.—For the period beginning 

7 on January 1, 2012, and ending on December 31, 

8 2014, the Inspector General of the Intelligence Com9 munity shall assess— 

10 ‘‘(A) the importance of the information ac11 quired under title V of the Foreign Intelligence 

12 Surveillance Act of 1978 (50 U.S.C. 1861 et 

13 seq.) to the activities of the intelligence commu14 nity; 

15 ‘‘(B) the manner in which that information 

16 was collected, retained, analyzed, and dissemi17 nated by the intelligence community; 

18 ‘‘(C) the minimization procedures used by 

19 elements of the intelligence community under 

20 such title and whether the minimization proce21 dures adequately protect the constitutional 

22 rights of United States persons; and 

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1 nied by the court established under section 

2 103(a) of such Act (50 U.S.C. 1803(a)). 

3 ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— 

4 Not later than 180 days after the date on which the 

5 Inspector General of the Department of Justice sub6 mits the report required under subsection (c)(3), the 

7 Inspector General of the Intelligence Community 

8 shall submit to the Committee on the Judiciary and 

9 the Select Committee on Intelligence of the Senate 

10 and the Committee on the Judiciary and the Perma11 nent Select Committee on Intelligence of the House 

12 of Representatives a report containing the results of 

13 the assessment for calendar years 2012 through 

14 2014.’’; 

15 (5) in subsection (e), as redesignated by para16 graph (3)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘a report under sub19 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

20 report under subsection (c) or (d)’’; and 

21 (ii) by striking ‘‘Inspector General of 

22 the Department of Justice’’ and inserting 

23 ‘‘Inspector General of the Department of 

24 Justice, the Inspector General of the Intel25 ligence Community, and any Inspector 


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1 General of an element of the intelligence 

2 community that prepares a report to assist 

3 the Inspector General of the Department 

4 of Justice or the Inspector General of the 

5 Intelligence Community in complying with 

6 the requirements of this section’’; and 

7 (B) in paragraph (2), by striking ‘‘the re8 ports submitted under subsections (c)(1) and 

9 (c)(2)’’ and inserting ‘‘any report submitted 

10 under subsection (c) or (d)’’; 

11 (6) in subsection (f), as redesignated by para12 graph (3)— 

13 (A) by striking ‘‘The reports submitted 

14 under subsections (c)(1) and (c)(2)’’ and insert15 ing ‘‘Each report submitted under subsection 

16 (c)’’; and 

17 (B) by striking ‘‘subsection (d)(2)’’ and in18 serting ‘‘subsection (e)(2)’’; and 

19 (7) by adding at the end the following new sub20 section: 

21 ‘‘(g) DEFINITIONS.—In this section: 

22 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 

23 ‘intelligence community’ has the meaning given that 

24 term in section 3 of the National Security Act of 

25 1947 (50 U.S.C. 3003). 


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1 ‘‘(2) UNITED STATES PERSON.—The term 

2 ‘United States person’ has the meaning given that 

3 term in section 101 of the Foreign Intelligence Sur4 veillance Act of 1978 (50 U.S.C. 1801).’’. 

5 SEC. 109. EFFECTIVE DATE. 

6 (a) IN GENERAL.—The amendments made by sec7 tions 101 through 103 shall take effect on the date that 

8 is 180 days after the date of the enactment of this Act. 

9 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

10 shall be construed to alter or eliminate the authority of 

11 the Government to obtain an order under title V of the 

12 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

13 1861 et seq.) as in effect prior to the effective date de14 scribed in subsection (a) during the period ending on such 

15 effective date. 

16 SEC. 110. RULE OF CONSTRUCTION. 

17 Nothing in this Act shall be construed to authorize 

18 the production of the contents (as such term is defined 

19 in section 2510(8) of title 18, United States Code) of any 

20 electronic communication from an electronic communica21 tion service provider (as such term is defined in section 

22 701(b)(4) of the Foreign Intelligence Surveillance Act of 

23 1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign 

24 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 

25 seq.). 


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1 TITLE II—FISA PEN REGISTER 

2 AND TRAP AND TRACE DE3 VICE REFORM 

4 SEC. 201. PROHIBITION ON BULK COLLECTION. 

5 (a) PROHIBITION.—Section 402(c) (50 U.S.C. 

6 1842(c)) is amended— 

7 (1) in paragraph (1), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) in paragraph (2), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) a specific selection term to be used as the 

14 basis for the use of the pen register or trap and 

15 trace device.’’. 

16 (b) DEFINITION.—Section 401 (50 U.S.C. 1841) is 

17 amended by adding at the end the following new para18 graph: 

19 ‘‘(4)(A) The term ‘specific selection term’— 

20 ‘‘(i) is a term that specifically identifies a 

21 person, account, address, or personal device, or 

22 any other specific identifier; and 

23 ‘‘(ii) is used to limit, to the greatest extent 

24 reasonably practicable, the scope of information 

25 sought, consistent with the purpose for seeking 


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1 the use of the pen register or trap and trace de2 vice. 

3 ‘‘(B) A specific selection term under subpara4 graph (A) does not include an identifier that does 

5 not limit, to the greatest extent reasonably prac6 ticable, the scope of information sought, consistent 

7 with the purpose for seeking the use of the pen reg8 ister or trap and trace device, such as an identifier 

9 that— 

10 ‘‘(i) identifies an electronic communication 

11 service provider (as that term is defined in sec12 tion 701) or a provider of remote computing 

13 service (as that term is defined in section 2711 

14 of title 18, United States Code), when not used 

15 as part of a specific identifier as described in 

16 subparagraph (A), unless the provider is itself 

17 a subject of an authorized investigation for 

18 which the specific selection term is used as the 

19 basis for the use; or 

20 ‘‘(ii) identifies a broad geographic region, 

21 including the United States, a city, a county, a 

22 State, a zip code, or an area code, when not 

23 used as part of a specific identifier as described 

24 in subparagraph (A). 


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1 ‘‘(C) For purposes of subparagraph (A), the 

2 term ‘address’ means a physical address or elec3 tronic address, such as an electronic mail address or 

4 temporarily assigned network address (including an 

5 Internet protocol address). 

6 ‘‘(D) Nothing in this paragraph shall be con7 strued to preclude the use of multiple terms or iden8 tifiers to meet the requirements of subparagraph 

9 (A).’’. 

10 SEC. 202. PRIVACY PROCEDURES. 

11 (a) IN GENERAL.—Section 402 (50 U.S.C. 1842) is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(h) PRIVACY PROCEDURES.— 

15 ‘‘(1) IN GENERAL.—The Attorney General shall 

16 ensure that appropriate policies and procedures are 

17 in place to safeguard nonpublicly available informa18 tion concerning United States persons that is col19 lected through the use of a pen register or trap and 

20 trace device installed under this section. Such poli21 cies and procedures shall, to the maximum extent 

22 practicable and consistent with the need to protect 

23 national security, include privacy protections that 

24 apply to the collection, retention, and use of infor25 mation concerning United States persons. 


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1 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection limits the authority of the court es3 tablished under section 103(a) or of the Attorney 

4 General to impose additional privacy or minimization 

5 procedures with regard to the installation or use of 

6 a pen register or trap and trace device.’’. 

7 (b) EMERGENCY AUTHORITY.—Section 403 (50 

8 U.S.C. 1843) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(d) PRIVACY PROCEDURES.—Information collected 

11 through the use of a pen register or trap and trace device 

12 installed under this section shall be subject to the policies 

13 and procedures required under section 402(h).’’. 

14 TITLE III—FISA ACQUISITIONS 

15 TARGETING PERSONS OUT16 SIDE THE UNITED STATES RE17 FORMS 

18 SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED IN19 FORMATION. 

20 Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended 

21 by adding at the end the following new subparagraph: 

22 ‘‘(D) LIMITATION ON USE OF INFORMA23 TION.— 

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clause (ii), if the Court orders a 


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1 correction of a deficiency in a certification 

2 or procedures under subparagraph (B), no 

3 information obtained or evidence derived 

4 pursuant to the part of the certification or 

5 procedures that has been identified by the 

6 Court as deficient concerning any United 

7 States person shall be received in evidence 

8 or otherwise disclosed in any trial, hearing, 

9 or other proceeding in or before any court, 

10 grand jury, department, office, agency, 

11 regulatory body, legislative committee, or 

12 other authority of the United States, a 

13 State, or political subdivision thereof, and 

14 no information concerning any United 

15 States person acquired pursuant to such 

16 part of such certification or procedures 

17 shall subsequently be used or disclosed in 

18 any other manner by Federal officers or 

19 employees without the consent of the 

20 United States person, except with the ap21 proval of the Attorney General if the infor22 mation indicates a threat of death or seri23 ous bodily harm to any person. 

24 ‘‘(ii) EXCEPTION.—If the Government 

25 corrects any deficiency identified by the 


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1 order of the Court under subparagraph 

2 (B), the Court may permit the use or dis3 closure of information obtained before the 

4 date of the correction under such mini5 mization procedures as the Court may ap6 prove for purposes of this clause.’’. 

7 TITLE IV—FOREIGN INTEL8 LIGENCE SURVEILLANCE 

9 COURT REFORMS 

10 SEC. 401. APPOINTMENT OF AMICUS CURIAE. 

11 Section 103 (50 U.S.C. 1803) is amended by adding 

12 at the end the following new subsections: 

13 ‘‘(i) AMICUS CURIAE.— 

14 ‘‘(1) DESIGNATION.—The presiding judges of 

15 the courts established under subsections (a) and (b) 

16 shall, not later than 180 days after the enactment 

17 of this subsection, jointly designate not fewer than 

18 5 individuals to be eligible to serve as amicus curiae, 

19 who shall serve pursuant to rules the presiding 

20 judges may establish. In designating such individ21 uals, the presiding judges may consider individuals 

22 recommended by any source, including members of 

23 the Privacy and Civil Liberties Oversight Board, the 

24 judges determine appropriate. 


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1 ‘‘(2) AUTHORIZATION.—A court established 

2 under subsection (a) or (b), consistent with the re3 quirement of subsection (c) and any other statutory 

4 requirement that the court act expeditiously or with5 in a stated time— 

6 ‘‘(A) shall appoint an individual who has 

7 been designated under paragraph (1) to serve 

8 as amicus curiae to assist such court in the 

9 consideration of any application for an order or 

10 review that, in the opinion of the court, pre11 sents a novel or significant interpretation of the 

12 law, unless the court issues a finding that such 

13 appointment is not appropriate; and 

14 ‘‘(B) may appoint an individual or organi15 zation to serve as amicus curiae, including to 

16 provide technical expertise, in any instance as 

17 such court deems appropriate or, upon motion, 

18 permit an individual or organization leave to 

19 file an amicus curiae brief. 

20 ‘‘(3) QUALIFICATIONS OF AMICUS CURIAE.— 

21 ‘‘(A) EXPERTISE.—Individuals designated 

22 under paragraph (1) shall be persons who pos23 sess expertise in privacy and civil liberties, in24 telligence collection, communications tech25 nology, or any other area that may lend legal 


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1 or technical expertise to a court established 

2 under subsection (a) or (b). 

3 ‘‘(B) SECURITY CLEARANCE.—Individuals 

4 designated pursuant to paragraph (1) shall be 

5 persons who are determined to be eligible for 

6 access to classified information necessary to 

7 participate in matters before the courts. Amicus 

8 curiae appointed by the court pursuant to para9 graph (2) shall be persons who are determined 

10 to be eligible for access to classified informa11 tion, if such access is necessary to participate 

12 in the matters in which they may be appointed. 

13 ‘‘(4) DUTIES.—If a court established under 

14 subsection (a) or (b) appoints an amicus curiae 

15 under paragraph (2)(A), the amicus curiae shall pro16 vide to the court, as appropriate— 

17 ‘‘(A) legal arguments that advance the pro18 tection of individual privacy and civil liberties; 

19 ‘‘(B) information related to intelligence 

20 collection or communications technology; or 

21 ‘‘(C) legal arguments or information re22 garding any other area relevant to the issue 

23 presented to the court. 

24 ‘‘(5) ASSISTANCE.—An amicus curiae appointed 

25 under paragraph (2)(A) may request that the court 


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1 designate or appoint additional amici curiae pursu2 ant to paragraph (1) or paragraph (2), to be avail3 able to assist the amicus curiae. 

4 ‘‘(6) ACCESS TO INFORMATION.— 

5 ‘‘(A) IN GENERAL.—If a court established 

6 under subsection (a) or (b) appoints an amicus 

7 curiae under paragraph (2), the amicus cu8 riae— 

9 ‘‘(i) shall have access to any legal 

10 precedent, application, certification, peti11 tion, motion, or such other materials that 

12 the court determines are relevant to the 

13 duties of the amicus curiae; and 

14 ‘‘(ii) may, if the court determines that 

15 it is relevant to the duties of the amicus 

16 curiae, consult with any other individuals 

17 designated pursuant to paragraph (1) re18 garding information relevant to any as19 signed proceeding. 

20 ‘‘(B) BRIEFINGS.—The Attorney General 

21 may periodically brief or provide relevant mate22 rials to individuals designated pursuant to para23 graph (1) regarding constructions and interpre24 tations of this Act and legal, technological, and 


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1 other issues related to actions authorized by 

2 this Act. 

3 ‘‘(C) CLASSIFIED INFORMATION.—An ami4 cus curiae designated or appointed by the court 

5 may have access to classified documents, infor6 mation, and other materials or proceedings only 

7 if that individual is eligible for access to classi8 fied information and to the extent consistent 

9 with the national security of the United States. 

10 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

11 in this section shall be construed to require the 

12 Government to provide information to an ami13 cus curiae appointed by the court that is privi14 leged from disclosure. 

15 ‘‘(7) NOTIFICATION.—A presiding judge of a 

16 court established under subsection (a) or (b) shall 

17 notify the Attorney General of each exercise of the 

18 authority to appoint an individual to serve as amicus 

19 curiae under paragraph (2). 

20 ‘‘(8) ASSISTANCE.—A court established under 

21 subsection (a) or (b) may request and receive (in22 cluding on a nonreimbursable basis) the assistance 

23 of the executive branch in the implementation of this 

24 subsection. 


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1 ‘‘(9) ADMINISTRATION.—A court established 

2 under subsection (a) or (b) may provide for the des3 ignation, appointment, removal, training, or other 

4 support for an individual designated to serve as ami5 cus curiae under paragraph (1) or appointed to 

6 serve as amicus curiae under paragraph (2) in a 

7 manner that is not inconsistent with this subsection. 

8 ‘‘(10) RECEIPT OF INFORMATION.—Nothing in 

9 this subsection shall limit the ability of a court es10 tablished under subsection (a) or (b) to request or 

11 receive information or materials from, or otherwise 

12 communicate with, the Government or amicus curiae 

13 appointed under paragraph (2) on an ex parte basis, 

14 nor limit any special or heightened obligation in any 

15 ex parte communication or proceeding. 

16 ‘‘(j) REVIEW OF FISA COURT DECISIONS.—Fol17 lowing issuance of an order under this Act, a court estab18 lished under subsection (a) shall certify for review to the 

19 court established under subsection (b) any question of law 

20 that may affect resolution of the matter in controversy 

21 that the court determines warrants such review because 

22 of a need for uniformity or because consideration by the 

23 court established under subsection (b) would serve the in24 terests of justice. Upon certification of a question of law 

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1 section (b) may give binding instructions or require the 

2 entire record to be sent up for decision of the entire matter 

3 in controversy. 

4 ‘‘(k) REVIEW OF FISA COURT OF REVIEW DECI5 SIONS.— 

6 ‘‘(1) CERTIFICATION.—For purposes of section 

7 1254(2) of title 28, United States Code, the court 

8 of review established under subsection (b) shall be 

9 considered to be a court of appeals. 

10 ‘‘(2) AMICUS CURIAE BRIEFING.—Upon certifi11 cation of an application under paragraph (1), the 

12 Supreme Court of the United States may appoint an 

13 amicus curiae designated under subsection (i)(1), or 

14 any other person, to provide briefing or other assist15 ance.’’. 

16 SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 

17 OPINIONS. 

18 (a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 

19 et seq.) is amended— 

20 (1) in the heading, by striking ‘‘REPORT21 ING REQUIREMENT’’ and inserting ‘‘OVER22 SIGHT’’; and 

23 (2) by adding at the end the following new sec24 tion: 


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1 ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 

2 ORDERS, AND OPINIONS. 

3 ‘‘(a) DECLASSIFICATION REQUIRED.—Subject to 

4 subsection (b), the Director of National Intelligence, in 

5 consultation with the Attorney General, shall conduct a 

6 declassification review of each decision, order, or opinion 

7 issued by the Foreign Intelligence Surveillance Court or 

8 the Foreign Intelligence Surveillance Court of Review (as 

9 defined in section 601(e)) that includes a significant con10 struction or interpretation of any provision of law, includ11 ing any novel or significant construction or interpretation 

12 of the term ‘specific selection term’, and, consistent with 

13 that review, make publicly available to the greatest extent 

14 practicable each such decision, order, or opinion. 

15 ‘‘(b) REDACTED FORM.—The Director of National 

16 Intelligence, in consultation with the Attorney General, 

17 may satisfy the requirement under subsection (a) to make 

18 a decision, order, or opinion described in such subsection 

19 publicly available to the greatest extent practicable by 

20 making such decision, order, or opinion publicly available 

21 in redacted form. 

22 ‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 

23 National Intelligence, in consultation with the Attorney 

24 General, may waive the requirement to declassify and 

25 make publicly available a particular decision, order, or 

26 opinion under subsection (a), if— 


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1 ‘‘(1) the Director of National Intelligence, in 

2 consultation with the Attorney General, determines 

3 that a waiver of such requirement is necessary to 

4 protect the national security of the United States or 

5 properly classified intelligence sources or methods; 

6 and 

7 ‘‘(2) the Director of National Intelligence 

8 makes publicly available an unclassified statement 

9 prepared by the Attorney General, in consultation 

10 with the Director of National Intelligence— 

11 ‘‘(A) summarizing the significant construc12 tion or interpretation of any provision of law, 

13 which shall include, to the extent consistent 

14 with national security, a description of the con15 text in which the matter arises and any signifi16 cant construction or interpretation of any stat17 ute, constitutional provision, or other legal au18 thority relied on by the decision; and 

19 ‘‘(B) that specifies that the statement has 

20 been prepared by the Attorney General and 

21 constitutes no part of the opinion of the For22 eign Intelligence Surveillance Court or the For23 eign Intelligence Surveillance Court of Re24 view.’’. 


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1 (b) TABLE OF CONTENTS AMENDMENTS.—The table 

2 of contents in the first section is amended— 

3 (1) by striking the item relating to title VI and 

4 inserting the following new item: 

‘‘TITLE VI—OVERSIGHT’’; 

5 and 

6 (2) by inserting after the item relating to sec7 tion 601 the following new item: 

‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’. 

8 TITLE V—NATIONAL SECURITY 

9 LETTER REFORM 

10 SEC. 501. PROHIBITION ON BULK COLLECTION. 

11 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

12 TOLL AND TRANSACTIONAL RECORDS.—Section 2709(b) 

13 of title 18, United States Code, is amended in the matter 

14 preceding paragraph (1) by striking ‘‘may’’ and inserting 

15 ‘‘may, using a term that specifically identifies a person, 

16 entity, telephone number, or account as the basis for a 

17 request’’. 

18 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

19 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

20 1114(a)(2) of the Right to Financial Privacy Act of 1978 

21 (12 U.S.C. 3414(a)(2)) is amended by striking the period 

22 and inserting ‘‘and a term that specifically identifies a cus23 tomer, entity, or account to be used as the basis for the 

24 production and disclosure of financial records.’’. 


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1 (c) DISCLOSURES TO FBI OF CERTAIN CONSUMER

2 RECORDS FOR COUNTERINTELLIGENCE PURPOSES.—Sec3 tion 626 of the Fair Credit Reporting Act (15 U.S.C. 

4 1681u) is amended— 

5 (1) in subsection (a), by striking ‘‘that informa6 tion,’’ and inserting ‘‘that information that includes 

7 a term that specifically identifies a consumer or ac8 count to be used as the basis for the production of 

9 that information,’’; 

10 (2) in subsection (b), by striking ‘‘written re11 quest,’’ and inserting ‘‘written request that includes 

12 a term that specifically identifies a consumer or ac13 count to be used as the basis for the production of 

14 that information,’’; and 

15 (3) in subsection (c), by inserting ‘‘, which shall 

16 include a term that specifically identifies a consumer 

17 or account to be used as the basis for the production 

18 of the information,’’ after ‘‘issue an order ex parte’’. 

19 (d) DISCLOSURES TO GOVERNMENTAL AGENCIES

20 FOR COUNTERTERRORISM PURPOSES OF CONSUMER RE21 PORTS.—Section 627(a) of the Fair Credit Reporting Act 

22 (15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 

23 and inserting ‘‘analysis and that includes a term that spe24 cifically identifies a consumer or account to be used as 

25 the basis for the production of such information.’’. 


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1 SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE2 CURITY LETTERS. 

3 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

4 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

5 title 18, United States Code, is amended by striking sub6 section (c) and inserting the following new subsection: 

7 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

8 ‘‘(1) PROHIBITION.— 

9 ‘‘(A) IN GENERAL.—If a certification is 

10 issued under subparagraph (B) and notice of 

11 the right to judicial review under subsection (d) 

12 is provided, no wire or electronic communica13 tion service provider that receives a request 

14 under subsection (b), or officer, employee, or 

15 agent thereof, shall disclose to any person that 

16 the Federal Bureau of Investigation has sought 

17 or obtained access to information or records 

18 under this section. 

19 ‘‘(B) CERTIFICATION.—The requirements 

20 of subparagraph (A) shall apply if the Director 

21 of the Federal Bureau of Investigation, or a 

22 designee of the Director whose rank shall be no 

23 lower than Deputy Assistant Director at Bu24 reau headquarters or a Special Agent in Charge 

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1 sence of a prohibition of disclosure under this 

2 subsection may result in— 

3 ‘‘(i) a danger to the national security 

4 of the United States; 

5 ‘‘(ii) interference with a criminal, 

6 counterterrorism, or counterintelligence in7 vestigation; 

8 ‘‘(iii) interference with diplomatic re9 lations; or 

10 ‘‘(iv) danger to the life or physical 

11 safety of any person. 

12 ‘‘(2) EXCEPTION.— 

13 ‘‘(A) IN GENERAL.—A wire or electronic 

14 communication service provider that receives a 

15 request under subsection (b), or officer, em16 ployee, or agent thereof, may disclose informa17 tion otherwise subject to any applicable non18 disclosure requirement to— 

19 ‘‘(i) those persons to whom disclosure 

20 is necessary in order to comply with the re21 quest; 

22 ‘‘(ii) an attorney in order to obtain 

23 legal advice or assistance regarding the re24 quest; or 


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1 ‘‘(iii) other persons as permitted by 

2 the Director of the Federal Bureau of In3 vestigation or the designee of the Director. 

4 ‘‘(B) APPLICATION.—A person to whom 

5 disclosure is made under subparagraph (A) 

6 shall be subject to the nondisclosure require7 ments applicable to a person to whom a request 

8 is issued under subsection (b) in the same man9 ner as the person to whom the request is 

10 issued. 

11 ‘‘(C) NOTICE.—Any recipient that dis12 closes to a person described in subparagraph 

13 (A) information otherwise subject to a non14 disclosure requirement shall notify the person of 

15 the applicable nondisclosure requirement. 

16 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE17 CIPIENTS.—At the request of the Director of 

18 the Federal Bureau of Investigation or the des19 ignee of the Director, any person making or in20 tending to make a disclosure under clause (i) or 

21 (iii) of subparagraph (A) shall identify to the 

22 Director or such designee the person to whom 

23 such disclosure will be made or to whom such 

24 disclosure was made prior to the request.’’. 


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1 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

2 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

3 1114 of the Right to Financial Privacy Act of 1978 (12 

4 U.S.C. 3414) is amended— 

5 (1) in subsection (a)(5), by striking subpara6 graph (D); and 

7 (2) by inserting after subsection (b) the fol8 lowing new subsection: 

9 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

10 ‘‘(1) PROHIBITION.— 

11 ‘‘(A) IN GENERAL.—If a certification is 

12 issued under subparagraph (B) and notice of 

13 the right to judicial review under subsection (d) 

14 is provided, no financial institution that receives 

15 a request under subsection (a), or officer, em16 ployee, or agent thereof, shall disclose to any 

17 person that the Federal Bureau of Investigation 

18 has sought or obtained access to information or 

19 records under subsection (a). 

20 ‘‘(B) CERTIFICATION.—The requirements 

21 of subparagraph (A) shall apply if the Director 

22 of the Federal Bureau of Investigation, or a 

23 designee of the Director whose rank shall be no 

24 lower than Deputy Assistant Director at Bu25 reau headquarters or a Special Agent in Charge 


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1 of a Bureau field office, certifies that the ab2 sence of a prohibition of disclosure under this 

3 subsection may result in— 

4 ‘‘(i) a danger to the national security 

5 of the United States; 

6 ‘‘(ii) interference with a criminal, 

7 counterterrorism, or counterintelligence in8 vestigation; 

9 ‘‘(iii) interference with diplomatic re10 lations; or 

11 ‘‘(iv) danger to the life or physical 

12 safety of any person. 

13 ‘‘(2) EXCEPTION.— 

14 ‘‘(A) IN GENERAL.—A financial institution 

15 that receives a request under subsection (a), or 

16 officer, employee, or agent thereof, may disclose 

17 information otherwise subject to any applicable 

18 nondisclosure requirement to— 

19 ‘‘(i) those persons to whom disclosure 

20 is necessary in order to comply with the re21 quest; 

22 ‘‘(ii) an attorney in order to obtain 

23 legal advice or assistance regarding the re24 quest; or 


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1 ‘‘(iii) other persons as permitted by 

2 the Director of the Federal Bureau of In3 vestigation or the designee of the Director. 

4 ‘‘(B) APPLICATION.—A person to whom 

5 disclosure is made under subparagraph (A) 

6 shall be subject to the nondisclosure require7 ments applicable to a person to whom a request 

8 is issued under subsection (a) in the same man9 ner as the person to whom the request is 

10 issued. 

11 ‘‘(C) NOTICE.—Any recipient that dis12 closes to a person described in subparagraph 

13 (A) information otherwise subject to a non14 disclosure requirement shall inform the person 

15 of the applicable nondisclosure requirement. 

16 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE17 CIPIENTS.—At the request of the Director of 

18 the Federal Bureau of Investigation or the des19 ignee of the Director, any person making or in20 tending to make a disclosure under clause (i) or 

21 (iii) of subparagraph (A) shall identify to the 

22 Director or such designee the person to whom 

23 such disclosure will be made or to whom such 

24 disclosure was made prior to the request.’’. 


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1 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

2 CREDIT REPORTS.—Section 626 of the Fair Credit Re3 porting Act (15 U.S.C. 1681u) is amended by striking 

4 subsection (d) and inserting the following new subsection: 

5 ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— 

6 ‘‘(1) PROHIBITION.— 

7 ‘‘(A) IN GENERAL.—If a certification is 

8 issued under subparagraph (B) and notice of 

9 the right to judicial review under subsection (e) 

10 is provided, no consumer reporting agency that 

11 receives a request under subsection (a) or (b) or 

12 an order under subsection (c), or officer, em13 ployee, or agent thereof, shall disclose or specify 

14 in any consumer report, that the Federal Bu15 reau of Investigation has sought or obtained ac16 cess to information or records under subsection 

17 (a), (b), or (c). 

18 ‘‘(B) CERTIFICATION.—The requirements 

19 of subparagraph (A) shall apply if the Director 

20 of the Federal Bureau of Investigation, or a 

21 designee of the Director whose rank shall be no 

22 lower than Deputy Assistant Director at Bu23 reau headquarters or a Special Agent in Charge 

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1 sence of a prohibition of disclosure under this 

2 subsection may result in— 

3 ‘‘(i) a danger to the national security 

4 of the United States; 

5 ‘‘(ii) interference with a criminal, 

6 counterterrorism, or counterintelligence in7 vestigation; 

8 ‘‘(iii) interference with diplomatic re9 lations; or 

10 ‘‘(iv) danger to the life or physical 

11 safety of any person. 

12 ‘‘(2) EXCEPTION.— 

13 ‘‘(A) IN GENERAL.—A consumer reporting 

14 agency that receives a request under subsection 

15 (a) or (b) or an order under subsection (c), or 

16 officer, employee, or agent thereof, may disclose 

17 information otherwise subject to any applicable 

18 nondisclosure requirement to— 

19 ‘‘(i) those persons to whom disclosure 

20 is necessary in order to comply with the re21 quest; 

22 ‘‘(ii) an attorney in order to obtain 

23 legal advice or assistance regarding the re24 quest; or 


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1 ‘‘(iii) other persons as permitted by 

2 the Director of the Federal Bureau of In3 vestigation or the designee of the Director. 

4 ‘‘(B) APPLICATION.—A person to whom 

5 disclosure is made under subparagraph (A) 

6 shall be subject to the nondisclosure require7 ments applicable to a person to whom a request 

8 under subsection (a) or (b) or an order under 

9 subsection (c) is issued in the same manner as 

10 the person to whom the request is issued. 

11 ‘‘(C) NOTICE.—Any recipient that dis12 closes to a person described in subparagraph 

13 (A) information otherwise subject to a non14 disclosure requirement shall inform the person 

15 of the applicable nondisclosure requirement. 

16 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE17 CIPIENTS.—At the request of the Director of 

18 the Federal Bureau of Investigation or the des19 ignee of the Director, any person making or in20 tending to make a disclosure under clause (i) or 

21 (iii) of subparagraph (A) shall identify to the 

22 Director or such designee the person to whom 

23 such disclosure will be made or to whom such 

24 disclosure was made prior to the request.’’. 


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1 (d) CONSUMER REPORTS.—Section 627 of the Fair 

2 Credit Reporting Act (15 U.S.C. 1681v) is amended by 

3 striking subsection (c) and inserting the following new 

4 subsection: 

5 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

6 ‘‘(1) PROHIBITION.— 

7 ‘‘(A) IN GENERAL.—If a certification is 

8 issued under subparagraph (B) and notice of 

9 the right to judicial review under subsection (d) 

10 is provided, no consumer reporting agency that 

11 receives a request under subsection (a), or offi12 cer, employee, or agent thereof, shall disclose or 

13 specify in any consumer report, that a govern14 ment agency described in subsection (a) has 

15 sought or obtained access to information or 

16 records under subsection (a). 

17 ‘‘(B) CERTIFICATION.—The requirements 

18 of subparagraph (A) shall apply if the head of 

19 the government agency described in subsection 

20 (a), or a designee, certifies that the absence of 

21 a prohibition of disclosure under this subsection 

22 may result in— 

23 ‘‘(i) a danger to the national security 

24 of the United States; 


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1 ‘‘(ii) interference with a criminal, 

2 counterterrorism, or counterintelligence in3 vestigation; 

4 ‘‘(iii) interference with diplomatic re5 lations; or 

6 ‘‘(iv) danger to the life or physical 

7 safety of any person. 

8 ‘‘(2) EXCEPTION.— 

9 ‘‘(A) IN GENERAL.—A consumer reporting 

10 agency that receives a request under subsection 

11 (a), or officer, employee, or agent thereof, may 

12 disclose information otherwise subject to any 

13 applicable nondisclosure requirement to— 

14 ‘‘(i) those persons to whom disclosure 

15 is necessary in order to comply with the re16 quest; 

17 ‘‘(ii) an attorney in order to obtain 

18 legal advice or assistance regarding the re19 quest; or 

20 ‘‘(iii) other persons as permitted by 

21 the head of the government agency de22 scribed in subsection (a) or a designee. 

23 ‘‘(B) APPLICATION.—A person to whom 

24 disclosure is made under subparagraph (A) 

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1 ments applicable to a person to whom a request 

2 under subsection (a) is issued in the same man3 ner as the person to whom the request is 

4 issued. 

5 ‘‘(C) NOTICE.—Any recipient that dis6 closes to a person described in subparagraph 

7 (A) information otherwise subject to a non8 disclosure requirement shall inform the person 

9 of the applicable nondisclosure requirement. 

10 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE11 CIPIENTS.—At the request of the head of the 

12 government agency described in subsection (a) 

13 or a designee, any person making or intending 

14 to make a disclosure under clause (i) or (iii) of 

15 subparagraph (A) shall identify to the head or 

16 such designee the person to whom such disclo17 sure will be made or to whom such disclosure 

18 was made prior to the request.’’. 

19 (e) INVESTIGATIONS OF PERSONS WITH ACCESS TO

20 CLASSIFIED INFORMATION.—Section 802 of the National 

21 Security Act of 1947 (50 U.S.C. 3162) is amended by 

22 striking subsection (b) and inserting the following new 

23 subsection: 

24 ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 

25 ‘‘(1) PROHIBITION.— 


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1 ‘‘(A) IN GENERAL.—If a certification is 

2 issued under subparagraph (B) and notice of 

3 the right to judicial review under subsection (c) 

4 is provided, no governmental or private entity 

5 that receives a request under subsection (a), or 

6 officer, employee, or agent thereof, shall dis7 close to any person that an authorized inves8 tigative agency described in subsection (a) has 

9 sought or obtained access to information under 

10 subsection (a). 

11 ‘‘(B) CERTIFICATION.—The requirements 

12 of subparagraph (A) shall apply if the head of 

13 an authorized investigative agency described in 

14 subsection (a), or a designee, certifies that the 

15 absence of a prohibition of disclosure under this 

16 subsection may result in— 

17 ‘‘(i) a danger to the national security 

18 of the United States; 

19 ‘‘(ii) interference with a criminal, 

20 counterterrorism, or counterintelligence in21 vestigation; 

22 ‘‘(iii) interference with diplomatic re23 lations; or 

24 ‘‘(iv) danger to the life or physical 

25 safety of any person. 


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1 ‘‘(2) EXCEPTION.— 

2 ‘‘(A) IN GENERAL.—A governmental or 

3 private entity that receives a request under sub4 section (a), or officer, employee, or agent there5 of, may disclose information otherwise subject 

6 to any applicable nondisclosure requirement 

7 to— 

8 ‘‘(i) those persons to whom disclosure 

9 is necessary in order to comply with the re10 quest; 

11 ‘‘(ii) an attorney in order to obtain 

12 legal advice or assistance regarding the re13 quest; or 

14 ‘‘(iii) other persons as permitted by 

15 the head of the authorized investigative 

16 agency described in subsection (a) or a 

17 designee. 

18 ‘‘(B) APPLICATION.—A person to whom 

19 disclosure is made under subparagraph (A) 

20 shall be subject to the nondisclosure require21 ments applicable to a person to whom a request 

22 is issued under subsection (a) in the same man23 ner as the person to whom the request is 

24 issued. 


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1 ‘‘(C) NOTICE.—Any recipient that dis2 closes to a person described in subparagraph 

3 (A) information otherwise subject to a non4 disclosure requirement shall inform the person 

5 of the applicable nondisclosure requirement. 

6 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE7 CIPIENTS.—At the request of the head of an 

8 authorized investigative agency described in 

9 subsection (a), or a designee, any person mak10 ing or intending to make a disclosure under 

11 clause (i) or (iii) of subparagraph (A) shall 

12 identify to the head of the authorized investiga13 tive agency or such designee the person to 

14 whom such disclosure will be made or to whom 

15 such disclosure was made prior to the request.’’. 

16 (f) TERMINATION PROCEDURES.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Attorney 

19 General shall adopt procedures with respect to non20 disclosure requirements issued pursuant to section 

21 2709 of title 18, United States Code, section 626 or 

22 627 of the Fair Credit Reporting Act (15 U.S.C. 

23 1681u and 1681v), section 1114 of the Right to Fi24 nancial Privacy Act (12 U.S.C. 3414), or section 


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1 802 of the National Security Act of 1947 (50 U.S.C. 

2 3162), as amended by this Act, to require— 

3 (A) the review at appropriate intervals of 

4 such a nondisclosure requirement to assess 

5 whether the facts supporting nondisclosure con6 tinue to exist; 

7 (B) the termination of such a nondisclo8 sure requirement if the facts no longer support 

9 nondisclosure; and 

10 (C) appropriate notice to the recipient of 

11 the national security letter, or officer, employee, 

12 or agent thereof, subject to the nondisclosure 

13 requirement, and the applicable court as appro14 priate, that the nondisclosure requirement has 

15 been terminated. 

16 (2) REPORTING.—Upon adopting the proce17 dures required under paragraph (1), the Attorney 

18 General shall submit the procedures to the Com19 mittee on the Judiciary of the Senate and the Com20 mittee on the Judiciary of the House of Representa21 tives. 

22 (g) JUDICIAL REVIEW.—Section 3511 of title 18, 

23 United States Code, is amended by striking subsection (b) 

24 and inserting the following new subsection: 

25 ‘‘(b) NONDISCLOSURE.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) NOTICE.—If a recipient of a request 

3 or order for a report, records, or other informa4 tion under section 2709 of this title, section 

5 626 or 627 of the Fair Credit Reporting Act 

6 (15 U.S.C. 1681u and 1681v), section 1114 of 

7 the Right to Financial Privacy Act of 1978 (12 

8 U.S.C. 3414), or section 802 of the National 

9 Security Act of 1947 (50 U.S.C. 3162), wishes 

10 to have a court review a nondisclosure require11 ment imposed in connection with the request or 

12 order, the recipient may notify the Government 

13 or file a petition for judicial review in any court 

14 described in subsection (a). 

15 ‘‘(B) APPLICATION.—Not later than 30 

16 days after the date of receipt of a notification 

17 under subparagraph (A), the Government shall 

18 apply for an order prohibiting the disclosure of 

19 the existence or contents of the relevant request 

20 or order. An application under this subpara21 graph may be filed in the district court of the 

22 United States for the judicial district in which 

23 the recipient of the order is doing business or 

24 in the district court of the United States for 

25 any judicial district within which the authorized 


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1 investigation that is the basis for the request is 

2 being conducted. The applicable nondisclosure 

3 requirement shall remain in effect during the 

4 pendency of proceedings relating to the require5 ment. 

6 ‘‘(C) CONSIDERATION.—A district court of 

7 the United States that receives a petition under 

8 subparagraph (A) or an application under sub9 paragraph (B) should rule expeditiously, and 

10 shall, subject to paragraph (3), issue a non11 disclosure order that includes conditions appro12 priate to the circumstances. 

13 ‘‘(2) APPLICATION CONTENTS.—An application 

14 for a nondisclosure order or extension thereof or a 

15 response to a petition filed under paragraph (1) 

16 shall include a certification from the Attorney Gen17 eral, Deputy Attorney General, an Assistant Attor18 ney General, or the Director of the Federal Bureau 

19 of Investigation, or a designee in a position not 

20 lower than Deputy Assistant Director at Bureau 

21 headquarters or a Special Agent in Charge in a Bu22 reau field office designated by the Director, or in the 

23 case of a request by a department, agency, or instru24 mentality of the Federal Government other than the 

25 Department of Justice, the head or deputy head of 


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1 the department, agency, or instrumentality, con2 taining a statement of specific facts indicating that 

3 the absence of a prohibition of disclosure under this 

4 subsection may result in— 

5 ‘‘(A) a danger to the national security of 

6 the United States; 

7 ‘‘(B) interference with a criminal, counter8 terrorism, or counterintelligence investigation; 

9 ‘‘(C) interference with diplomatic relations; 

10 or 

11 ‘‘(D) danger to the life or physical safety 

12 of any person. 

13 ‘‘(3) STANDARD.—A district court of the 

14 United States shall issue a nondisclosure order or 

15 extension thereof under this subsection if the court 

16 determines that there is reason to believe that disclo17 sure of the information subject to the nondisclosure 

18 requirement during the applicable time period may 

19 result in— 

20 ‘‘(A) a danger to the national security of 

21 the United States; 

22 ‘‘(B) interference with a criminal, counter23 terrorism, or counterintelligence investigation; 

24 ‘‘(C) interference with diplomatic relations; 

25 or 


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1 ‘‘(D) danger to the life or physical safety 

2 of any person.’’. 

3 SEC. 503. JUDICIAL REVIEW. 

4 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

5 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

6 title 18, United States Code, is amended— 

7 (1) by redesignating subsections (d), (e), and 

8 (f) as subsections (e), (f), and (g), respectively; and 

9 (2) by inserting after subsection (c) the fol10 lowing new subsection: 

11 ‘‘(d) JUDICIAL REVIEW.— 

12 ‘‘(1) IN GENERAL.—A request under subsection 

13 (b) or a nondisclosure requirement imposed in con14 nection with such request under subsection (c) shall 

15 be subject to judicial review under section 3511. 

16 ‘‘(2) NOTICE.—A request under subsection (b) 

17 shall include notice of the availability of judicial re18 view described in paragraph (1).’’. 

19 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

20 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

21 1114 of the Right to Financial Privacy Act of 1978 (12 

22 U.S.C. 3414) is amended— 

23 (1) by redesignating subsection (d) as sub24 section (e); and 


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1 (2) by inserting after subsection (c) the fol2 lowing new subsection: 

3 ‘‘(d) JUDICIAL REVIEW.— 

4 ‘‘(1) IN GENERAL.—A request under subsection 

5 (a) or a nondisclosure requirement imposed in con6 nection with such request under subsection (c) shall 

7 be subject to judicial review under section 3511 of 

8 title 18, United States Code. 

9 ‘‘(2) NOTICE.—A request under subsection (a) 

10 shall include notice of the availability of judicial re11 view described in paragraph (1).’’. 

12 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

13 CREDIT REPORTS.—Section 626 of the Fair Credit Re14 porting Act (15 U.S.C. 1681u) is amended— 

15 (1) by redesignating subsections (e) through 

16 (m) as subsections (f) through (n), respectively; and 

17 (2) by inserting after subsection (d) the fol18 lowing new subsection: 

19 ‘‘(e) JUDICIAL REVIEW.— 

20 ‘‘(1) IN GENERAL.—A request under subsection 

21 (a) or (b) or an order under subsection (c) or a non22 disclosure requirement imposed in connection with 

23 such request under subsection (d) shall be subject to 

24 judicial review under section 3511 of title 18, United 

25 States Code. 


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1 ‘‘(2) NOTICE.—A request under subsection (a) 

2 or (b) or an order under subsection (c) shall include 

3 notice of the availability of judicial review described 

4 in paragraph (1).’’. 

5 (d) IDENTITY OF FINANCIAL INSTITUTIONS AND

6 CREDIT REPORTS.—Section 627 of the Fair Credit Re7 porting Act (15 U.S.C. 1681v) is amended— 

8 (1) by redesignating subsections (d), (e), and 

9 (f) as subsections (e), (f), and (g), respectively; and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection: 

12 ‘‘(d) JUDICIAL REVIEW.— 

13 ‘‘(1) IN GENERAL.—A request under subsection 

14 (a) or a non-disclosure requirement imposed in con15 nection with such request under subsection (c) shall 

16 be subject to judicial review under section 3511 of 

17 title 18, United States Code. 

18 ‘‘(2) NOTICE.—A request under subsection (a) 

19 shall include notice of the availability of judicial re20 view described in paragraph (1).’’. 

21 (e) INVESTIGATIONS OF PERSONS WITH ACCESS TO

22 CLASSIFIED INFORMATION.—Section 802 of the National 

23 Security Act of 1947 (50 U.S.C. 3162) is amended— 

24 (1) by redesignating subsections (c) through (f) 

25 as subsections (d) through (g), respectively; and 


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1 (2) by inserting after subsection (b) the fol2 lowing new subsection: 

3 ‘‘(c) JUDICIAL REVIEW.— 

4 ‘‘(1) IN GENERAL.—A request under subsection 

5 (a) or a nondisclosure requirement imposed in con6 nection with such request under subsection (b) shall 

7 be subject to judicial review under section 3511 of 

8 title 18, United States Code. 

9 ‘‘(2) NOTICE.—A request under subsection (a) 

10 shall include notice of the availability of judicial re11 view described in paragraph (1).’’. 

12 TITLE VI—FISA TRANSPARENCY 

13 AND REPORTING REQUIRE14 MENTS 

15 SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 

16 PRODUCTION OF BUSINESS RECORDS; BUSI17 NESS RECORDS COMPLIANCE REPORTS TO 

18 CONGRESS. 

19 (a) REPORTS SUBMITTED TO COMMITTEES.—Section 

20 502(b) (50 U.S.C. 1862(b)) is amended— 

21 (1) by redesignating paragraphs (1), (2), and 

22 (3) as paragraphs (6), (7), and (8), respectively; and 

23 (2) by inserting before paragraph (6) (as so re24 designated) the following new paragraphs: 


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1 ‘‘(1) a summary of all compliance reviews con2 ducted by the Government for the production of tan3 gible things under section 501; 

4 ‘‘(2) the total number of applications described 

5 in section 501(b)(2)(B) made for orders approving 

6 requests for the production of tangible things; 

7 ‘‘(3) the total number of such orders either 

8 granted, modified, or denied; 

9 ‘‘(4) the total number of applications described 

10 in section 501(b)(2)(C) made for orders approving 

11 requests for the production of call detail records; 

12 ‘‘(5) the total number of such orders either 

13 granted, modified, or denied;’’. 

14 (b) REPORTING ON CERTAIN TYPES OF PRODUC15 TION.—Section 502(c)(1) (50 U.S.C. 1862(c)(1)) is 

16 amended— 

17 (1) in subparagraph (A), by striking ‘‘and’’; 

18 (2) in subparagraph (B), by striking the period 

19 at the end and inserting a semicolon; and 

20 (3) by adding at the end the following new sub21 paragraphs: 

22 ‘‘(C) the total number of applications made for 

23 orders approving requests for the production of tan24 gible things under section 501 in which the specific 


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1 selection term does not specifically identify an indi2 vidual, account, or personal device; 

3 ‘‘(D) the total number of orders described in 

4 subparagraph (C) either granted, modified, or de5 nied; and 

6 ‘‘(E) with respect to orders described in sub7 paragraph (D) that have been granted or modified, 

8 whether the court established under section 103 has 

9 directed additional, particularized minimization pro10 cedures beyond those adopted pursuant to section 

11 501(g).’’. 

12 SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT. 

13 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 

14 as amended by section 402 of this Act, is further amended 

15 by adding at the end the following new section: 

16 ‘‘SEC. 603. ANNUAL REPORTS. 

17 ‘‘(a) REPORT BY DIRECTOR OF THE ADMINISTRA18 TIVE OFFICE OF THE UNITED STATES COURTS.— 

19 ‘‘(1) REPORT REQUIRED.—The Director of the 

20 Administrative Office of the United States Courts 

21 shall annually submit to the Permanent Select Com22 mittee on Intelligence and the Committee on the Ju23 diciary of the House of Representatives and the Se24 lect Committee on Intelligence and the Committee 

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1 sification review by the Attorney General and the 

2 Director of National Intelligence, a report that in3 cludes— 

4 ‘‘(A) the number of applications or certifi5 cations for orders submitted under each of sec6 tions 105, 304, 402, 501, 702, 703, and 704; 

7 ‘‘(B) the number of such orders granted 

8 under each of those sections; 

9 ‘‘(C) the number of orders modified under 

10 each of those sections; 

11 ‘‘(D) the number of applications or certifi12 cations denied under each of those sections; 

13 ‘‘(E) the number of appointments of an in14 dividual to serve as amicus curiae under section 

15 103, including the name of each individual ap16 pointed to serve as amicus curiae; and 

17 ‘‘(F) the number of findings issued under 

18 section 103(i) that such appointment is not ap19 propriate and the text of any such findings. 

20 ‘‘(2) PUBLICATION.—The Director shall make 

21 the report required under paragraph (1) publicly 

22 available on an Internet Web site, except that the 

23 Director shall not make publicly available on an 

24 Internet Web site the findings described in subpara25 graph (F) of paragraph (1). 


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1 ‘‘(b) MANDATORY REPORTING BY DIRECTOR OF NA2 TIONAL INTELLIGENCE.—Except as provided in sub3 section (d), the Director of National Intelligence shall an4 nually make publicly available on an Internet Web site a 

5 report that identifies, for the preceding 12-month period— 

6 ‘‘(1) the total number of orders issued pursuant 

7 to titles I and III and sections 703 and 704 and a 

8 good faith estimate of the number of targets of such 

9 orders; 

10 ‘‘(2) the total number of orders issued pursuant 

11 to section 702 and a good faith estimate of— 

12 ‘‘(A) the number of search terms con13 cerning a known United States person used to 

14 retrieve the unminimized contents of electronic 

15 communications or wire communications ob16 tained through acquisitions authorized under 

17 such section, excluding the number of search 

18 terms used to prevent the return of information 

19 concerning a United States person; and 

20 ‘‘(B) the number of queries concerning a 

21 known United States person of unminimized 

22 noncontents information relating to electronic 

23 communications or wire communications ob24 tained through acquisitions authorized under 

25 such section, excluding the number of queries 


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1 containing information used to prevent the re2 turn of information concerning a United States 

3 person; 

4 ‘‘(3) the total number of orders issued pursuant 

5 to title IV and a good faith estimate of— 

6 ‘‘(A) the number of targets of such orders; 

7 and 

8 ‘‘(B) the number of unique identifiers used 

9 to communicate information collected pursuant 

10 to such orders; 

11 ‘‘(4) the total number of orders issued pursuant 

12 to applications made under section 501(b)(2)(B) and 

13 a good faith estimate of— 

14 ‘‘(A) the number of targets of such orders; 

15 and 

16 ‘‘(B) the number of unique identifiers used 

17 to communicate information collected pursuant 

18 to such orders; 

19 ‘‘(5) the total number of orders issued pursuant 

20 to applications made under section 501(b)(2)(C) and 

21 a good faith estimate of— 

22 ‘‘(A) the number of targets of such orders; 

23 ‘‘(B) the number of unique identifiers used 

24 to communicate information collected pursuant 

25 to such orders; and 


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1 ‘‘(C) the number of search terms that in2 cluded information concerning a United States 

3 person that were used to query any database of 

4 call detail records obtained through the use of 

5 such orders; and 

6 ‘‘(6) the total number of national security let7 ters issued and the number of requests for informa8 tion contained within such national security letters. 

9 ‘‘(c) TIMING.—The annual reports required by sub10 sections (a) and (b) shall be made publicly available during 

11 April of each year and include information relating to the 

12 previous calendar year. 

13 ‘‘(d) EXCEPTIONS.— 

14 ‘‘(1) STATEMENT OF NUMERICAL RANGE.—If a 

15 good faith estimate required to be reported under 

16 subparagraph (B) of any of paragraphs (3), (4), or 

17 (5) of subsection (b) is fewer than 500, it shall be 

18 expressed as a numerical range of ‘fewer than 500’ 

19 and shall not be expressed as an individual number. 

20 ‘‘(2) NONAPPLICABILITY TO CERTAIN INFORMA21 TION.— 

22 ‘‘(A) FEDERAL BUREAU OF INVESTIGA23 TION.—Paragraphs (2)(A), (2)(B), and (5)(C) 

24 of subsection (b) shall not apply to information 


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1 or records held by, or queries conducted by, the 

2 Federal Bureau of Investigation. 

3 ‘‘(B) ELECTRONIC MAIL ADDRESS AND

4 TELEPHONE NUMBERS.—Paragraph (3)(B) of 

5 subsection (b) shall not apply to orders result6 ing in the acquisition of information by the 

7 Federal Bureau of Investigation that does not 

8 include electronic mail addresses or telephone 

9 numbers. 

10 ‘‘(3) CERTIFICATION.— 

11 ‘‘(A) IN GENERAL.—If the Director of Na12 tional Intelligence concludes that a good faith 

13 estimate required to be reported under sub14 section (b)(2)(B) cannot be determined accu15 rately because some but not all of the relevant 

16 elements of the intelligence community are able 

17 to provide such good faith estimate, the Direc18 tor shall— 

19 ‘‘(i) certify that conclusion in writing 

20 to the Select Committee on Intelligence 

21 and the Committee on the Judiciary of the 

22 Senate and the Permanent Select Com23 mittee on Intelligence and the Committee 

24 on the Judiciary of the House of Rep25 resentatives; 


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1 ‘‘(ii) report the good faith estimate for 

2 those relevant elements able to provide 

3 such good faith estimate; 

4 ‘‘(iii) explain when it is reasonably an5 ticipated that such an estimate will be able 

6 to be determined fully and accurately; and 

7 ‘‘(iv) make such certification publicly 

8 available on an Internet Web site. 

9 ‘‘(B) FORM.—A certification described in 

10 subparagraph (A) shall be prepared in unclassi11 fied form, but may contain a classified annex. 

12 ‘‘(C) TIMING.—If the Director of National 

13 Intelligence continues to conclude that the good 

14 faith estimates described in this paragraph can15 not be determined accurately, the Director shall 

16 annually submit a certification in accordance 

17 with this paragraph. 

18 ‘‘(e) DEFINITIONS.—In this section: 

19 ‘‘(1) CONTENTS.—The term ‘contents’ has the 

20 meaning given that term under section 2510 of title 

21 18, United States Code. 

22 ‘‘(2) ELECTRONIC COMMUNICATION.—The term 

23 ‘electronic communication’ has the meaning given 

24 that term under section 2510 of title 18, United 

25 States Code. 


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1 ‘‘(3) NATIONAL SECURITY LETTER.—The term 

2 ‘national security letter’ means a request for a re3 port, records, or other information under— 

4 ‘‘(A) section 2709 of title 18, United 

5 States Code; 

6 ‘‘(B) section 1114(a)(5)(A) of the Right to 

7 Financial Privacy Act of 1978 (12 U.S.C. 

8 3414(a)(5)(A)); 

9 ‘‘(C) subsection (a) or (b) of section 626 of 

10 the Fair Credit Reporting Act (15 U.S.C. 

11 1681u(a), 1681u(b)); or 

12 ‘‘(D) section 627(a) of the Fair Credit Re13 porting Act (15 U.S.C. 1681v(a)). 

14 ‘‘(4) UNITED STATES PERSON.—The term 

15 ‘United States person’ means a citizen of the United 

16 States or an alien lawfully admitted for permanent 

17 residence (as defined in section 101(a) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(a))). 

19 ‘‘(5) WIRE COMMUNICATION.—The term ‘wire 

20 communication’ has the meaning given that term 

21 under section 2510 of title 18, United States 

22 Code.’’. 

23 (b) TABLE OF CONTENTS AMENDMENT.—The table 

24 of contents, as amended by section 402 of this Act, is fur25 ther amended by inserting after the item relating to secVerDate Sep 11 2014 02:30 May 19, 2015 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.PCS H2048

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1 tion 602, as added by section 402 of this Act, the following 

2 new item: 

‘‘Sec. 603. Annual reports.’’. 

3 (c) PUBLIC REPORTING ON NATIONAL SECURITY

4 LETTERS.—Section 118(c) of the USA PATRIOT Im5 provement and Reauthorization Act of 2005 (18 U.S.C. 

6 3511 note) is amended— 

7 (1) in paragraph (1)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘United States’’; and 

10 (B) in subparagraph (A), by striking ‘‘, ex11 cluding the number of requests for subscriber 

12 information’’; 

13 (2) by redesignating paragraph (2) as para14 graph (3); and 

15 (3) by inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) CONTENT.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), each report required under 

20 this subsection shall include a good faith esti21 mate of the total number of requests described 

22 in paragraph (1) requiring disclosure of infor23 mation concerning— 

24 ‘‘(i) United States persons; and 


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1 ‘‘(ii) persons who are not United 

2 States persons. 

3 ‘‘(B) EXCEPTION.—With respect to the 

4 number of requests for subscriber information 

5 under section 2709 of title 18, United States 

6 Code, a report required under this subsection 

7 need not separate the number of requests into 

8 each of the categories described in subpara9 graph (A).’’. 

10 (d) STORED COMMUNICATIONS.—Section 2702(d) of 

11 title 18, United States Code, is amended— 

12 (1) in paragraph (1), by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (2) in paragraph (2)(B), by striking the period 

15 and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) the number of accounts from which the 

19 Department of Justice has received voluntary disclo20 sures under subsection (c)(4).’’. 

21 SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO 

22 FISA ORDERS. 

23 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 

24 as amended by sections 402 and 602 of this Act, is further 

25 amended by adding at the end the following new section: 


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1 ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 

2 ORDERS. 

3 ‘‘(a) REPORTING.—A person subject to a nondisclo4 sure requirement accompanying an order or directive 

5 under this Act or a national security letter may, with re6 spect to such order, directive, or national security letter, 

7 publicly report the following information using one of the 

8 following structures: 

9 ‘‘(1) A semiannual report that aggregates the 

10 number of orders, directives, or national security let11 ters with which the person was required to comply 

12 into separate categories of— 

13 ‘‘(A) the number of national security let14 ters received, reported in bands of 1000 start15 ing with 0–999; 

16 ‘‘(B) the number of customer selectors tar17 geted by national security letters, reported in 

18 bands of 1000 starting with 0–999; 

19 ‘‘(C) the number of orders or directives re20 ceived, combined, under this Act for contents, 

21 reported in bands of 1000 starting with 0–999; 

22 ‘‘(D) the number of customer selectors tar23 geted under orders or directives received, com24 bined, under this Act for contents reported in 

25 bands of 1000 starting with 0–999; 


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1 ‘‘(E) the number of orders received under 

2 this Act for noncontents, reported in bands of 

3 1000 starting with 0–999; and 

4 ‘‘(F) the number of customer selectors tar5 geted under orders under this Act for noncon6 tents, reported in bands of 1000 starting with 

7 0–999, pursuant to— 

8 ‘‘(i) title IV; 

9 ‘‘(ii) title V with respect to applica10 tions described in section 501(b)(2)(B); 

11 and 

12 ‘‘(iii) title V with respect to applica13 tions described in section 501(b)(2)(C). 

14 ‘‘(2) A semiannual report that aggregates the 

15 number of orders, directives, or national security let16 ters with which the person was required to comply 

17 into separate categories of— 

18 ‘‘(A) the number of national security let19 ters received, reported in bands of 500 starting 

20 with 0–499; 

21 ‘‘(B) the number of customer selectors tar22 geted by national security letters, reported in 

23 bands of 500 starting with 0–499; 


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1 ‘‘(C) the number of orders or directives re2 ceived, combined, under this Act for contents, 

3 reported in bands of 500 starting with 0–499; 

4 ‘‘(D) the number of customer selectors tar5 geted under orders or directives received, com6 bined, under this Act for contents, reported in 

7 bands of 500 starting with 0–499; 

8 ‘‘(E) the number of orders received under 

9 this Act for noncontents, reported in bands of 

10 500 starting with 0–499; and 

11 ‘‘(F) the number of customer selectors tar12 geted under orders received under this Act for 

13 noncontents, reported in bands of 500 starting 

14 with 0–499. 

15 ‘‘(3) A semiannual report that aggregates the 

16 number of orders, directives, or national security let17 ters with which the person was required to comply 

18 in the into separate categories of— 

19 ‘‘(A) the total number of all national secu20 rity process received, including all national se21 curity letters, and orders or directives under 

22 this Act, combined, reported in bands of 250 

23 starting with 0–249; and 

24 ‘‘(B) the total number of customer selec25 tors targeted under all national security process 


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1 received, including all national security letters, 

2 and orders or directives under this Act, com3 bined, reported in bands of 250 starting with 

4 0–249. 

5 ‘‘(4) An annual report that aggregates the 

6 number of orders, directives, and national security 

7 letters the person was required to comply with into 

8 separate categories of— 

9 ‘‘(A) the total number of all national secu10 rity process received, including all national se11 curity letters, and orders or directives under 

12 this Act, combined, reported in bands of 100 

13 starting with 0–99; and 

14 ‘‘(B) the total number of customer selec15 tors targeted under all national security process 

16 received, including all national security letters, 

17 and orders or directives under this Act, com18 bined, reported in bands of 100 starting with 

19 0–99. 

20 ‘‘(b) PERIOD OF TIME COVERED BY REPORTS.— 

21 ‘‘(1) A report described in paragraph (1) or (2) 

22 of subsection (a) shall include only information— 

23 ‘‘(A) relating to national security letters 

24 for the previous 180 days; and 


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1 ‘‘(B) relating to authorities under this Act 

2 for the 180-day period of time ending on the 

3 date that is not less than 180 days prior to the 

4 date of the publication of such report, except 

5 that with respect to a platform, product, or 

6 service for which a person did not previously re7 ceive an order or directive (not including an en8 hancement to or iteration of an existing publicly 

9 available platform, product, or service) such re10 port shall not include any information relating 

11 to such new order or directive until 540 days 

12 after the date on which such new order or di13 rective is received. 

14 ‘‘(2) A report described in paragraph (3) of 

15 subsection (a) shall include only information relating 

16 to the previous 180 days. 

17 ‘‘(3) A report described in paragraph (4) of 

18 subsection (a) shall include only information for the 

19 1-year period of time ending on the date that is not 

20 less than 1 year prior to the date of the publication 

21 of such report. 

22 ‘‘(c) OTHER FORMS OF AGREED TO PUBLICATION.— 

23 Nothing in this section prohibits the Government and any 

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1 tion referred to in this subsection in a time, form, or man2 ner other than as described in this section. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) CONTENTS.—The term ‘contents’ has the 

5 meaning given that term under section 2510 of title 

6 18, United States Code. 

7 ‘‘(2) NATIONAL SECURITY LETTER.—The term 

8 ‘national security letter’ has the meaning given that 

9 term under section 603.’’. 

10 (b) TABLE OF CONTENTS AMENDMENT.—The table 

11 of contents, as amended by sections 402 and 602 of this 

12 Act, is further amended by inserting after the item relat13 ing to section 603, as added by section 602 of this Act, 

14 the following new item: 

‘‘Sec. 604. Public reporting by persons subject to orders.’’. 

15 SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, OR16 DERS, AND OPINIONS OF THE FOREIGN IN17 TELLIGENCE SURVEILLANCE COURT AND 

18 THE FOREIGN INTELLIGENCE SURVEIL19 LANCE COURT OF REVIEW. 

20 Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended 

21 to read as follows: 

22 ‘‘(1) not later than 45 days after the date on 

23 which the Foreign Intelligence Surveillance Court or 

24 the Foreign Intelligence Surveillance Court of Re25 view issues a decision, order, or opinion, including 


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1 any denial or modification of an application under 

2 this Act, that includes significant construction or in3 terpretation of any provision of law or results in a 

4 change of application of any provision of this Act or 

5 a novel application of any provision of this Act, a 

6 copy of such decision, order, or opinion and any 

7 pleadings, applications, or memoranda of law associ8 ated with such decision, order, or opinion; and’’. 

9 SEC. 605. SUBMISSION OF REPORTS UNDER FISA. 

10 (a) ELECTRONIC SURVEILLANCE.—Section 108(a)(1) 

11 (50 U.S.C. 1808(a)(1)) is amended by striking ‘‘the 

12 House Permanent Select Committee on Intelligence and 

13 the Senate Select Committee on Intelligence, and the 

14 Committee on the Judiciary of the Senate,’’ and inserting 

15 ‘‘the Permanent Select Committee on Intelligence and the 

16 Committee on the Judiciary of the House of Representa17 tives and the Select Committee on Intelligence and the 

18 Committee on the Judiciary of the Senate’’. 

19 (b) PHYSICAL SEARCHES.—The matter preceding 

20 paragraph (1) of section 306 (50 U.S.C. 1826) is amend21 ed— 

22 (1) in the first sentence, by striking ‘‘Perma23 nent Select Committee on Intelligence of the House 

24 of Representatives and the Select Committee on In25 telligence of the Senate, and the Committee on the 


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1 Judiciary of the Senate,’’ and inserting ‘‘Permanent 

2 Select Committee on Intelligence and the Committee 

3 on the Judiciary of the House of Representatives 

4 and the Select Committee on Intelligence and the 

5 Committee on the Judiciary of the Senate’’; and 

6 (2) in the second sentence, by striking ‘‘and the 

7 Committee on the Judiciary of the House of Rep8 resentatives’’. 

9 (c) PEN REGISTERS AND TRAP AND TRACE DE10 VICES.—Section 406(b) (50 U.S.C. 1846(b)) is amend11 ed— 

12 (1) in paragraph (2), by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (2) in paragraph (3), by striking the period and 

15 inserting a semicolon; and 

16 (3) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(4) each department or agency on behalf of 

19 which the Attorney General or a designated attorney 

20 for the Government has made an application for an 

21 order authorizing or approving the installation and 

22 use of a pen register or trap and trace device under 

23 this title; and 


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1 ‘‘(5) for each department or agency described in 

2 paragraph (4), each number described in paragraphs 

3 (1), (2), and (3).’’. 

4 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND

5 OTHER TANGIBLE THINGS.—Section 502(a) (50 U.S.C. 

6 1862(a)) is amended by striking ‘‘Permanent Select Com7 mittee on Intelligence of the House of Representatives and 

8 the Select Committee on Intelligence and the Committee 

9 on the Judiciary of the Senate’’ and inserting ‘‘Permanent 

10 Select Committee on Intelligence and the Committee on 

11 the Judiciary of the House of Representatives and the Se12 lect Committee on Intelligence and the Committee on the 

13 Judiciary of the Senate’’. 

14 TITLE VII—ENHANCED NA15 TIONAL SECURITY PROVI16 SIONS 

17 SEC. 701. EMERGENCIES INVOLVING NON-UNITED STATES 

18 PERSONS. 

19 (a) IN GENERAL.—Section 105 (50 U.S.C. 1805) is 

20 amended— 

21 (1) by redesignating subsections (f), (g), (h), 

22 and (i) as subsections (g), (h), (i), and (j), respec23 tively; and 

24 (2) by inserting after subsection (e) the fol25 lowing: 


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1 ‘‘(f)(1) Notwithstanding any other provision of this 

2 Act, the lawfully authorized targeting of a non-United 

3 States person previously believed to be located outside the 

4 United States for the acquisition of foreign intelligence in5 formation may continue for a period not to exceed 72 

6 hours from the time that the non-United States person 

7 is reasonably believed to be located inside the United 

8 States and the acquisition is subject to this title or to title 

9 III of this Act, provided that the head of an element of 

10 the intelligence community— 

11 ‘‘(A) reasonably determines that a lapse in the 

12 targeting of such non-United States person poses a 

13 threat of death or serious bodily harm to any per14 son; 

15 ‘‘(B) promptly notifies the Attorney General of 

16 a determination under subparagraph (A); and 

17 ‘‘(C) requests, as soon as practicable, the em18 ployment of emergency electronic surveillance under 

19 subsection (e) or the employment of an emergency 

20 physical search pursuant to section 304(e), as war21 ranted. 

22 ‘‘(2) The authority under this subsection to continue 

23 the acquisition of foreign intelligence information is lim24 ited to a period not to exceed 72 hours and shall cease 

25 upon the earlier of the following: 


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1 ‘‘(A) The employment of emergency electronic 

2 surveillance under subsection (e) or the employment 

3 of an emergency physical search pursuant to section 

4 304(e). 

5 ‘‘(B) An issuance of a court order under this 

6 title or title III of this Act. 

7 ‘‘(C) The Attorney General provides direction 

8 that the acquisition be terminated. 

9 ‘‘(D) The head of the element of the intel10 ligence community conducting the acquisition deter11 mines that a request under paragraph (1)(C) is not 

12 warranted. 

13 ‘‘(E) When the threat of death or serious bodily 

14 harm to any person is no longer reasonably believed 

15 to exist. 

16 ‘‘(3) Nonpublicly available information concerning 

17 unconsenting United States persons acquired under this 

18 subsection shall not be disseminated during the 72 hour 

19 time period under paragraph (1) unless necessary to inves20 tigate, reduce, or eliminate the threat of death or serious 

21 bodily harm to any person. 

22 ‘‘(4) If the Attorney General declines to authorize the 

23 employment of emergency electronic surveillance under 

24 subsection (e) or the employment of an emergency physical 

25 search pursuant to section 304(e), or a court order is not 


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1 obtained under this title or title III of this Act, informa2 tion obtained during the 72 hour acquisition time period 

3 under paragraph (1) shall not be retained, except with the 

4 approval of the Attorney General if the information indi5 cates a threat of death or serious bodily harm to any per6 son. 

7 ‘‘(5) Paragraphs (5) and (6) of subsection (e) shall 

8 apply to this subsection.’’. 

9 (b) NOTIFICATION OF EMERGENCY EMPLOYMENT OF

10 ELECTRONIC SURVEILLANCE.—Section 106(j) (50 U.S.C. 

11 1806(j)) is amended by striking ‘‘section 105(e)’’ and in12 serting ‘‘subsection (e) or (f) of section 105’’. 

13 (c) REPORT TO CONGRESS.—Section 108(a)(2) (50 

14 U.S.C. 1808(a)(2)) is amended— 

15 (1) in subparagraph (B), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (C), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(D) the total number of authorizations 

21 under section 105(f) and the total number of 

22 subsequent emergency employments of elec23 tronic surveillance under section 105(e) or 

24 emergency physical searches pursuant to section 

25 301(e).’’. 


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1 SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED 

2 STATES PERSONS TRAVELING OUTSIDE THE 

3 UNITED STATES AS AGENTS OF FOREIGN 

4 POWERS. 

5 Section 101(b)(1) is amended— 

6 (1) in subparagraph (A), by inserting before the 

7 semicolon at the end the following: ‘‘, irrespective of 

8 whether the person is inside the United States’’; and 

9 (2) in subparagraph (B)— 

10 (A) by striking ‘‘of such person’s presence 

11 in the United States’’; and 

12 (B) by striking ‘‘such activities in the 

13 United States’’ and inserting ‘‘such activities’’. 

14 SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTER15 NATIONAL PROLIFERATION OF WEAPONS OF 

16 MASS DESTRUCTION. 

17 Section 101(b)(1) is further amended by striking sub18 paragraph (E) and inserting the following new subpara19 graph (E): 

20 ‘‘(E) engages in the international prolifera21 tion of weapons of mass destruction, or activi22 ties in preparation therefor, for or on behalf of 

23 a foreign power, or knowingly aids or abets any 

24 person in the conduct of such proliferation or 

25 activities in preparation therefor, or knowingly 

26 conspires with any person to engage in such 


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1 proliferation or activities in preparation there2 for; or’’. 

3 SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUP4 PORT OF FOREIGN TERRORIST ORGANIZA5 TIONS. 

6 Section 2339B(a)(1) of title 18, United States Code, 

7 is amended by striking ‘‘15 years’’ and inserting ‘‘20 

8 years’’. 

9 SEC. 705. SUNSETS. 

10 (a) USA PATRIOT IMPROVEMENT AND REAUTHOR11 IZATION ACT OF 2005.—Section 102(b)(1) of the USA 

12 PATRIOT Improvement and Reauthorization Act of 2005 

13 (50 U.S.C. 1805 note) is amended by striking ‘‘June 1, 

14 2015’’ and inserting ‘‘December 15, 2019’’. 

15 (b) INTELLIGENCE REFORM AND TERRORISM PRE16 VENTION ACT OF 2004.—Section 6001(b)(1) of the Intel17 ligence Reform and Terrorism Prevention Act of 2004 (50 

18 U.S.C. 1801 note) is amended by striking ‘‘June 1, 2015’’ 

19 and inserting ‘‘December 15, 2019’’. 

20 (c) CONFORMING AMENDMENT.—Section 102(b)(1) 

21 of the USA PATRIOT Improvement and Reauthorization 

22 Act of 2005 (50 U.S.C. 1805 note), as amended by sub23 section (a), is further amended by striking ‘‘sections 501, 

24 502, and’’ and inserting ‘‘title V and section’’. 


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1 TITLE VIII—SAFETY OF MARI2 TIME NAVIGATION AND NU3 CLEAR TERRORISM CONVEN4 TIONS IMPLEMENTATION 

5 Subtitle A—Safety of Maritime 

6 Navigation 

7 SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, 

8 UNITED STATES CODE. 

9 Section 2280 of title 18, United States Code, is 

10 amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1)(A)(i), by striking ‘‘a 

13 ship flying the flag of the United States’’ and 

14 inserting ‘‘a vessel of the United States or a 

15 vessel subject to the jurisdiction of the United 

16 States (as defined in section 70502 of title 

17 46)’’; 

18 (B) in paragraph (1)(A)(ii), by inserting ‘‘, 

19 including the territorial seas’’ after ‘‘in the 

20 United States’’; and 

21 (C) in paragraph (1)(A)(iii), by inserting 

22 ‘‘, by a United States corporation or legal enti23 ty,’’ after ‘‘by a national of the United States’’; 

24 (2) in subsection (c), by striking ‘‘section 2(c)’’ 

25 and inserting ‘‘section 13(c)’’; 


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1 (3) by striking subsection (d); 

2 (4) by striking subsection (e) and inserting 

3 after subsection (c) the following: 

4 ‘‘(d) DEFINITIONS.—As used in this section, section 

5 2280a, section 2281, and section 2281a, the term— 

6 ‘‘(1) ‘applicable treaty’ means— 

7 ‘‘(A) the Convention for the Suppression of 

8 Unlawful Seizure of Aircraft, done at The 

9 Hague on 16 December 1970; 

10 ‘‘(B) the Convention for the Suppression of 

11 Unlawful Acts against the Safety of Civil Avia12 tion, done at Montreal on 23 September 1971; 

13 ‘‘(C) the Convention on the Prevention and 

14 Punishment of Crimes against Internationally 

15 Protected Persons, including Diplomatic 

16 Agents, adopted by the General Assembly of the 

17 United Nations on 14 December 1973; 

18 ‘‘(D) International Convention against the 

19 Taking of Hostages, adopted by the General 

20 Assembly of the United Nations on 17 Decem21 ber 1979; 

22 ‘‘(E) the Convention on the Physical Pro23 tection of Nuclear Material, done at Vienna on 

24 26 October 1979; 


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1 ‘‘(F) the Protocol for the Suppression of 

2 Unlawful Acts of Violence at Airports Serving 

3 International Civil Aviation, supplementary to 

4 the Convention for the Suppression of Unlawful 

5 Acts against the Safety of Civil Aviation, done 

6 at Montreal on 24 February 1988; 

7 ‘‘(G) the Protocol for the Suppression of 

8 Unlawful Acts against the Safety of Fixed Plat9 forms Located on the Continental Shelf, done 

10 at Rome on 10 March 1988; 

11 ‘‘(H) International Convention for the 

12 Suppression of Terrorist Bombings, adopted by 

13 the General Assembly of the United Nations on 

14 15 December 1997; and 

15 ‘‘(I) International Convention for the Sup16 pression of the Financing of Terrorism, adopted 

17 by the General Assembly of the United Nations 

18 on 9 December 1999; 

19 ‘‘(2) ‘armed conflict’ does not include internal 

20 disturbances and tensions, such as riots, isolated 

21 and sporadic acts of violence, and other acts of a 

22 similar nature; 

23 ‘‘(3) ‘biological weapon’ means— 

24 ‘‘(A) microbial or other biological agents, 

25 or toxins whatever their origin or method of 


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1 production, of types and in quantities that have 

2 no justification for prophylactic, protective, or 

3 other peaceful purposes; or 

4 ‘‘(B) weapons, equipment, or means of de5 livery designed to use such agents or toxins for 

6 hostile purposes or in armed conflict; 

7 ‘‘(4) ‘chemical weapon’ means, together or sepa8 rately— 

9 ‘‘(A) toxic chemicals and their precursors, 

10 except where intended for— 

11 ‘‘(i) industrial, agricultural, research, 

12 medical, pharmaceutical, or other peaceful 

13 purposes; 

14 ‘‘(ii) protective purposes, namely those 

15 purposes directly related to protection 

16 against toxic chemicals and to protection 

17 against chemical weapons; 

18 ‘‘(iii) military purposes not connected 

19 with the use of chemical weapons and not 

20 dependent on the use of the toxic prop21 erties of chemicals as a method of warfare; 

22 or 

23 ‘‘(iv) law enforcement including do24 mestic riot control purposes, 


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1 as long as the types and quantities are con2 sistent with such purposes; 

3 ‘‘(B) munitions and devices, specifically de4 signed to cause death or other harm through 

5 the toxic properties of those toxic chemicals 

6 specified in subparagraph (A), which would be 

7 released as a result of the employment of such 

8 munitions and devices; and 

9 ‘‘(C) any equipment specifically designed 

10 for use directly in connection with the employ11 ment of munitions and devices specified in sub12 paragraph (B); 

13 ‘‘(5) ‘covered ship’ means a ship that is navi14 gating or is scheduled to navigate into, through or 

15 from waters beyond the outer limit of the territorial 

16 sea of a single country or a lateral limit of that 

17 country’s territorial sea with an adjacent country; 

18 ‘‘(6) ‘explosive material’ has the meaning given 

19 the term in section 841(c) and includes explosive as 

20 defined in section 844(j) of this title; 

21 ‘‘(7) ‘infrastructure facility’ has the meaning 

22 given the term in section 2332f(e)(5) of this title; 

23 ‘‘(8) ‘international organization’ has the mean24 ing given the term in section 831(f)(3) of this title; 


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1 ‘‘(9) ‘military forces of a state’ means the 

2 armed forces of a state which are organized, trained, 

3 and equipped under its internal law for the primary 

4 purpose of national defense or security, and persons 

5 acting in support of those armed forces who are 

6 under their formal command, control, and responsi7 bility; 

8 ‘‘(10) ‘national of the United States’ has the 

9 meaning stated in section 101(a)(22) of the Immi10 gration and Nationality Act (8 U.S.C. 1101(a)(22)); 

11 ‘‘(11) ‘Non-Proliferation Treaty’ means the 

12 Treaty on the Non-Proliferation of Nuclear Weap13 ons, done at Washington, London, and Moscow on 

14 1 July 1968; 

15 ‘‘(12) ‘Non-Proliferation Treaty State Party’ 

16 means any State Party to the Non-Proliferation 

17 Treaty, to include Taiwan, which shall be considered 

18 to have the obligations under the Non-Proliferation 

19 Treaty of a party to that treaty other than a Nu20 clear Weapon State Party to the Non-Proliferation 

21 Treaty; 

22 ‘‘(13) ‘Nuclear Weapon State Party to the Non23 Proliferation Treaty’ means a State Party to the 

24 Non-Proliferation Treaty that is a nuclear-weapon 


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1 State, as that term is defined in Article IX(3) of the 

2 Non-Proliferation Treaty; 

3 ‘‘(14) ‘place of public use’ has the meaning 

4 given the term in section 2332f(e)(6) of this title; 

5 ‘‘(15) ‘precursor’ has the meaning given the 

6 term in section 229F(6)(A) of this title; 

7 ‘‘(16) ‘public transport system’ has the meaning 

8 given the term in section 2332f(e)(7) of this title; 

9 ‘‘(17) ‘serious injury or damage’ means— 

10 ‘‘(A) serious bodily injury, 

11 ‘‘(B) extensive destruction of a place of 

12 public use, State or government facility, infra13 structure facility, or public transportation sys14 tem, resulting in major economic loss, or 

15 ‘‘(C) substantial damage to the environ16 ment, including air, soil, water, fauna, or flora; 

17 ‘‘(18) ‘ship’ means a vessel of any type whatso18 ever not permanently attached to the sea-bed, in19 cluding dynamically supported craft, submersibles, 

20 or any other floating craft, but does not include a 

21 warship, a ship owned or operated by a government 

22 when being used as a naval auxiliary or for customs 

23 or police purposes, or a ship which has been with24 drawn from navigation or laid up; 


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1 ‘‘(19) ‘source material’ has the meaning given 

2 that term in the International Atomic Energy Agen3 cy Statute, done at New York on 26 October 1956; 

4 ‘‘(20) ‘special fissionable material’ has the 

5 meaning given that term in the International Atomic 

6 Energy Agency Statute, done at New York on 26 

7 October 1956; 

8 ‘‘(21) ‘territorial sea of the United States’ 

9 means all waters extending seaward to 12 nautical 

10 miles from the baselines of the United States deter11 mined in accordance with international law; 

12 ‘‘(22) ‘toxic chemical’ has the meaning given 

13 the term in section 229F(8)(A) of this title; 

14 ‘‘(23) ‘transport’ means to initiate, arrange or 

15 exercise effective control, including decisionmaking 

16 authority, over the movement of a person or item; 

17 and 

18 ‘‘(24) ‘United States’, when used in a geo19 graphical sense, includes the Commonwealth of 

20 Puerto Rico, the Commonwealth of the Northern 

21 Mariana Islands, and all territories and possessions 

22 of the United States.’’; and 

23 (5) by inserting after subsection (d) (as added 

24 by paragraph (4) of this section) the following: 

25 ‘‘(e) EXCEPTIONS.—This section shall not apply to— 


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1 ‘‘(1) the activities of armed forces during an 

2 armed conflict, as those terms are understood under 

3 the law of war, which are governed by that law; or 

4 ‘‘(2) activities undertaken by military forces of 

5 a state in the exercise of their official duties. 

6 ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.—The 

7 master of a covered ship flying the flag of the United 

8 States who has reasonable grounds to believe that there 

9 is on board that ship any person who has committed an 

10 offense under section 2280 or section 2280a may deliver 

11 such person to the authorities of a country that is a party 

12 to the Convention for the Suppression of Unlawful Acts 

13 against the Safety of Maritime Navigation. Before deliv14 ering such person to the authorities of another country, 

15 the master shall notify in an appropriate manner the At16 torney General of the United States of the alleged offense 

17 and await instructions from the Attorney General as to 

18 what action to take. When delivering the person to a coun19 try which is a state party to the Convention, the master 

20 shall, whenever practicable, and if possible before entering 

21 the territorial sea of such country, notify the authorities 

22 of such country of the master’s intention to deliver such 

23 person and the reasons therefor. If the master delivers 

24 such person, the master shall furnish to the authorities 


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1 of such country the evidence in the master’s possession 

2 that pertains to the alleged offense. 

3 ‘‘(g)(1) CIVIL FORFEITURE.—Any real or personal 

4 property used or intended to be used to commit or to fa5 cilitate the commission of a violation of this section, the 

6 gross proceeds of such violation, and any real or personal 

7 property traceable to such property or proceeds, shall be 

8 subject to forfeiture. 

9 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and for10 feitures under this section shall be governed by the provi11 sions of chapter 46 of title 18, United States Code, relat12 ing to civil forfeitures, except that such duties as are im13 posed upon the Secretary of the Treasury under the cus14 toms laws described in section 981(d) shall be performed 

15 by such officers, agents, and other persons as may be des16 ignated for that purpose by the Secretary of Homeland 

17 Security, the Attorney General, or the Secretary of De18 fense.’’. 

19 SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES 

20 CODE. 

21 (a) IN GENERAL.—Chapter 111 of title 18, United 

22 States Code, is amended by adding after section 2280 the 

23 following new section: 


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1 ‘‘§ 2280a. Violence against maritime navigation and 

2 maritime transport involving weapons of 

3 mass destruction 

4 ‘‘(a) OFFENSES.— 

5 ‘‘(1) IN GENERAL.—Subject to the exceptions in 

6 subsection (c), a person who unlawfully and inten7 tionally— 

8 ‘‘(A) when the purpose of the act, by its 

9 nature or context, is to intimidate a population, 

10 or to compel a government or an international 

11 organization to do or to abstain from doing any 

12 act— 

13 ‘‘(i) uses against or on a ship or dis14 charges from a ship any explosive or radio15 active material, biological, chemical, or nu16 clear weapon or other nuclear explosive de17 vice in a manner that causes or is likely to 

18 cause death to any person or serious injury 

19 or damage; 

20 ‘‘(ii) discharges from a ship oil, lique21 fied natural gas, or another hazardous or 

22 noxious substance that is not covered by 

23 clause (i), in such quantity or concentra24 tion that causes or is likely to cause death 

25 to any person or serious injury or damage; 

26 or 


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1 ‘‘(iii) uses a ship in a manner that 

2 causes death to any person or serious in3 jury or damage; 

4 ‘‘(B) transports on board a ship— 

5 ‘‘(i) any explosive or radioactive mate6 rial, knowing that it is intended to be used 

7 to cause, or in a threat to cause, death to 

8 any person or serious injury or damage for 

9 the purpose of intimidating a population, 

10 or compelling a government or an inter11 national organization to do or to abstain 

12 from doing any act; 

13 ‘‘(ii) any biological, chemical, or nu14 clear weapon or other nuclear explosive de15 vice, knowing it to be a biological, chem16 ical, or nuclear weapon or other nuclear 

17 explosive device; 

18 ‘‘(iii) any source material, special fis19 sionable material, or equipment or material 

20 especially designed or prepared for the 

21 processing, use, or production of special 

22 fissionable material, knowing that it is in23 tended to be used in a nuclear explosive ac24 tivity or in any other nuclear activity not 

25 under safeguards pursuant to an InterVerDate Sep 11 2014 02:30 May 19, 2015 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.PCS H2048

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1 national Atomic Energy Agency com2 prehensive safeguards agreement, except 

3 where— 

4 ‘‘(I) such item is transported to 

5 or from the territory of, or otherwise 

6 under the control of, a Non-Prolifera7 tion Treaty State Party; and 

8 ‘‘(II) the resulting transfer or re9 ceipt (including internal to a country) 

10 is not contrary to the obligations 

11 under the Non-Proliferation Treaty of 

12 the Non-Proliferation Treaty State 

13 Party from which, to the territory of 

14 which, or otherwise under the control 

15 of which such item is transferred; 

16 ‘‘(iv) any equipment, materials, or 

17 software or related technology that signifi18 cantly contributes to the design or manu19 facture of a nuclear weapon or other nu20 clear explosive device, with the intention 

21 that it will be used for such purpose, ex22 cept where— 

23 ‘‘(I) the country to the territory 

24 of which or under the control of which 

25 such item is transferred is a Nuclear 


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1 Weapon State Party to the Non-Pro2 liferation Treaty; and 

3 ‘‘(II) the resulting transfer or re4 ceipt (including internal to a country) 

5 is not contrary to the obligations 

6 under the Non-Proliferation Treaty of 

7 a Non-Proliferation Treaty State 

8 Party from which, to the territory of 

9 which, or otherwise under the control 

10 of which such item is transferred; 

11 ‘‘(v) any equipment, materials, or 

12 software or related technology that signifi13 cantly contributes to the delivery of a nu14 clear weapon or other nuclear explosive de15 vice, with the intention that it will be used 

16 for such purpose, except where— 

17 ‘‘(I) such item is transported to 

18 or from the territory of, or otherwise 

19 under the control of, a Non-Prolifera20 tion Treaty State Party; and 

21 ‘‘(II) such item is intended for 

22 the delivery system of a nuclear weap23 on or other nuclear explosive device of 

24 a Nuclear Weapon State Party to the 

25 Non-Proliferation Treaty; or 


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1 ‘‘(vi) any equipment, materials, or 

2 software or related technology that signifi3 cantly contributes to the design, manufac4 ture, or delivery of a biological or chemical 

5 weapon, with the intention that it will be 

6 used for such purpose; 

7 ‘‘(C) transports another person on board a 

8 ship knowing that the person has committed an 

9 act that constitutes an offense under section 

10 2280 or subparagraph (A), (B), (D), or (E) of 

11 this section or an offense set forth in an appli12 cable treaty, as specified in section 2280(d)(1), 

13 and intending to assist that person to evade 

14 criminal prosecution; 

15 ‘‘(D) injures or kills any person in connec16 tion with the commission or the attempted com17 mission of any of the offenses set forth in sub18 paragraphs (A) through (C), or subsection 

19 (a)(2), to the extent that the subsection (a)(2) 

20 offense pertains to subparagraph (A); or 

21 ‘‘(E) attempts to do any act prohibited 

22 under subparagraph (A), (B) or (D), or con23 spires to do any act prohibited by subpara24 graphs (A) through (E) or subsection (a)(2), 


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1 shall be fined under this title, imprisoned not more 

2 than 20 years, or both; and if the death of any per3 son results from conduct prohibited by this para4 graph, shall be imprisoned for any term of years or 

5 for life. 

6 ‘‘(2) THREATS.—A person who threatens, with 

7 apparent determination and will to carry the threat 

8 into execution, to do any act prohibited under para9 graph (1)(A) shall be fined under this title, impris10 oned not more than 5 years, or both. 

11 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

12 activity prohibited in subsection (a)— 

13 ‘‘(1) in the case of a covered ship, if— 

14 ‘‘(A) such activity is committed— 

15 ‘‘(i) against or on board a vessel of 

16 the United States or a vessel subject to the 

17 jurisdiction of the United States (as de18 fined in section 70502 of title 46) at the 

19 time the prohibited activity is committed; 

20 ‘‘(ii) in the United States, including 

21 the territorial seas; or 

22 ‘‘(iii) by a national of the United 

23 States, by a United States corporation or 

24 legal entity, or by a stateless person whose 

25 habitual residence is in the United States; 


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1 ‘‘(B) during the commission of such activ2 ity, a national of the United States is seized, 

3 threatened, injured, or killed; or 

4 ‘‘(C) the offender is later found in the 

5 United States after such activity is committed; 

6 ‘‘(2) in the case of a ship navigating or sched7 uled to navigate solely within the territorial sea or 

8 internal waters of a country other than the United 

9 States, if the offender is later found in the United 

10 States after such activity is committed; or 

11 ‘‘(3) in the case of any vessel, if such activity 

12 is committed in an attempt to compel the United 

13 States to do or abstain from doing any act. 

14 ‘‘(c) EXCEPTIONS.—This section shall not apply to— 

15 ‘‘(1) the activities of armed forces during an 

16 armed conflict, as those terms are understood under 

17 the law of war, which are governed by that law; or 

18 ‘‘(2) activities undertaken by military forces of 

19 a state in the exercise of their official duties. 

20 ‘‘(d)(1) CIVIL FORFEITURE.—Any real or personal 

21 property used or intended to be used to commit or to fa22 cilitate the commission of a violation of this section, the 

23 gross proceeds of such violation, and any real or personal 

24 property traceable to such property or proceeds, shall be 

25 subject to forfeiture. 


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1 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and for2 feitures under this section shall be governed by the provi3 sions of chapter 46 of title 18, United States Code, relat4 ing to civil forfeitures, except that such duties as are im5 posed upon the Secretary of the Treasury under the cus6 toms laws described in section 981(d) shall be performed 

7 by such officers, agents, and other persons as may be des8 ignated for that purpose by the Secretary of Homeland 

9 Security, the Attorney General, or the Secretary of De10 fense.’’. 

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions at the beginning of chapter 111 of title 18, United 

13 States Code, is amended by adding after the item relating 

14 to section 2280 the following new item: 

‘‘2280a. Violence against maritime navigation and maritime transport involving 

weapons of mass destruction.’’. 

15 SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, 

16 UNITED STATES CODE. 

17 Section 2281 of title 18, United States Code, is 

18 amended— 

19 (1) in subsection (c), by striking ‘‘section 2(c)’’ 

20 and inserting ‘‘section 13(c)’’; 

21 (2) in subsection (d), by striking the definitions 

22 of ‘‘national of the United States,’’ ‘‘territorial sea 

23 of the United States,’’ and ‘‘United States’’; and 


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1 (3) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) EXCEPTIONS.—This section does not apply to— 

4 ‘‘(1) the activities of armed forces during an 

5 armed conflict, as those terms are understood under 

6 the law of war, which are governed by that law; or 

7 ‘‘(2) activities undertaken by military forces of 

8 a state in the exercise of their official duties.’’. 

9 SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES 

10 CODE. 

11 (a) IN GENERAL.—Chapter 111 of title 18, United 

12 States Code, is amended by adding after section 2281 the 

13 following new section: 

14 ‘‘§ 2281a. Additional offenses against maritime fixed 

15 platforms 

16 ‘‘(a) OFFENSES.— 

17 ‘‘(1) IN GENERAL.—A person who unlawfully 

18 and intentionally— 

19 ‘‘(A) when the purpose of the act, by its 

20 nature or context, is to intimidate a population, 

21 or to compel a government or an international 

22 organization to do or to abstain from doing any 

23 act— 

24 ‘‘(i) uses against or on a fixed plat25 form or discharges from a fixed platform 


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1 any explosive or radioactive material, bio2 logical, chemical, or nuclear weapon in a 

3 manner that causes or is likely to cause 

4 death or serious injury or damage; or 

5 ‘‘(ii) discharges from a fixed platform 

6 oil, liquefied natural gas, or another haz7 ardous or noxious substance that is not 

8 covered by clause (i), in such quantity or 

9 concentration that causes or is likely to 

10 cause death or serious injury or damage; 

11 ‘‘(B) injures or kills any person in connec12 tion with the commission or the attempted com13 mission of any of the offenses set forth in sub14 paragraph (A); or 

15 ‘‘(C) attempts or conspires to do anything 

16 prohibited under subparagraph (A) or (B), 

17 shall be fined under this title, imprisoned not more 

18 than 20 years, or both; and if death results to any 

19 person from conduct prohibited by this paragraph, 

20 shall be imprisoned for any term of years or for life. 

21 ‘‘(2) THREAT TO SAFETY.—A person who 

22 threatens, with apparent determination and will to 

23 carry the threat into execution, to do any act prohib24 ited under paragraph (1)(A), shall be fined under 

25 this title, imprisoned not more than 5 years, or both. 


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1 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

2 activity prohibited in subsection (a) if— 

3 ‘‘(1) such activity is committed against or on 

4 board a fixed platform— 

5 ‘‘(A) that is located on the continental 

6 shelf of the United States; 

7 ‘‘(B) that is located on the continental 

8 shelf of another country, by a national of the 

9 United States or by a stateless person whose 

10 habitual residence is in the United States; or 

11 ‘‘(C) in an attempt to compel the United 

12 States to do or abstain from doing any act; 

13 ‘‘(2) during the commission of such activity 

14 against or on board a fixed platform located on a 

15 continental shelf, a national of the United States is 

16 seized, threatened, injured, or killed; or 

17 ‘‘(3) such activity is committed against or on 

18 board a fixed platform located outside the United 

19 States and beyond the continental shelf of the 

20 United States and the offender is later found in the 

21 United States. 

22 ‘‘(c) EXCEPTIONS.—This section does not apply to— 

23 ‘‘(1) the activities of armed forces during an 

24 armed conflict, as those terms are understood under 

25 the law of war, which are governed by that law; or 


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1 ‘‘(2) activities undertaken by military forces of 

2 a state in the exercise of their official duties. 

3 ‘‘(d) DEFINITIONS.—In this section— 

4 ‘‘(1) ‘continental shelf’ means the sea-bed and 

5 subsoil of the submarine areas that extend beyond a 

6 country’s territorial sea to the limits provided by 

7 customary international law as reflected in Article 

8 76 of the 1982 Convention on the Law of the Sea; 

9 and 

10 ‘‘(2) ‘fixed platform’ means an artificial island, 

11 installation, or structure permanently attached to 

12 the sea-bed for the purpose of exploration or exploi13 tation of resources or for other economic purposes.’’. 

14 (b) CONFORMING AMENDMENT.—The table of sec15 tions at the beginning of chapter 111 of title 18, United 

16 States Code, is amended by adding after the item relating 

17 to section 2281 the following new item: 

‘‘2281a. Additional offenses against maritime fixed platforms.’’. 

18 SEC. 805. ANCILLARY MEASURE. 

19 Section 2332b(g)(5)(B) of title 18, United States 

20 Code, is amended by inserting ‘‘2280a (relating to mari21 time safety),’’ before ‘‘2281’’, and by striking ‘‘2281’’ and 

22 inserting ‘‘2281 through 2281a’’. 


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1 Subtitle B—Prevention of Nuclear 

2 Terrorism 

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

4 CODE. 

5 (a) IN GENERAL.—Chapter 113B of title 18, United 

6 States Code, is amended by adding after section 2332h 

7 the following: 

8 ‘‘§ 2332i. Acts of nuclear terrorism 

9 ‘‘(a) OFFENSES.— 

10 ‘‘(1) IN GENERAL.—Whoever knowingly and 

11 unlawfully— 

12 ‘‘(A) possesses radioactive material or 

13 makes or possesses a device— 

14 ‘‘(i) with the intent to cause death or 

15 serious bodily injury; or 

16 ‘‘(ii) with the intent to cause substan17 tial damage to property or the environ18 ment; or 

19 ‘‘(B) uses in any way radioactive material 

20 or a device, or uses or damages or interferes 

21 with the operation of a nuclear facility in a 

22 manner that causes the release of or increases 

23 the risk of the release of radioactive material, 

24 or causes radioactive contamination or exposure 

25 to radiation— 


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1 ‘‘(i) with the intent to cause death or 

2 serious bodily injury or with the knowledge 

3 that such act is likely to cause death or se4 rious bodily injury; 

5 ‘‘(ii) with the intent to cause substan6 tial damage to property or the environment 

7 or with the knowledge that such act is like8 ly to cause substantial damage to property 

9 or the environment; or 

10 ‘‘(iii) with the intent to compel a per11 son, an international organization or a 

12 country to do or refrain from doing an act, 

13 shall be punished as prescribed in subsection 

14 (c). 

15 ‘‘(2) THREATS.—Whoever, under circumstances 

16 in which the threat may reasonably be believed, 

17 threatens to commit an offense under paragraph (1) 

18 shall be punished as prescribed in subsection (c). 

19 Whoever demands possession of or access to radio20 active material, a device or a nuclear facility by 

21 threat or by use of force shall be punished as pre22 scribed in subsection (c). 

23 ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Whoever 

24 attempts to commit an offense under paragraph (1) 

25 or conspires to commit an offense under paragraph 


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1 (1) or (2) shall be punished as prescribed in sub2 section (c). 

3 ‘‘(b) JURISDICTION.—Conduct prohibited by sub4 section (a) is within the jurisdiction of the United States 

5 if— 

6 ‘‘(1) the prohibited conduct takes place in the 

7 United States or the special aircraft jurisdiction of 

8 the United States; 

9 ‘‘(2) the prohibited conduct takes place outside 

10 of the United States and— 

11 ‘‘(A) is committed by a national of the 

12 United States, a United States corporation or 

13 legal entity or a stateless person whose habitual 

14 residence is in the United States; 

15 ‘‘(B) is committed on board a vessel of the 

16 United States or a vessel subject to the jurisdic17 tion of the United States (as defined in section 

18 70502 of title 46) or on board an aircraft that 

19 is registered under United States law, at the 

20 time the offense is committed; or 

21 ‘‘(C) is committed in an attempt to compel 

22 the United States to do or abstain from doing 

23 any act, or constitutes a threat directed at the 

24 United States; 


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1 ‘‘(3) the prohibited conduct takes place outside 

2 of the United States and a victim or an intended vic3 tim is a national of the United States or a United 

4 States corporation or legal entity, or the offense is 

5 committed against any state or government facility 

6 of the United States; or 

7 ‘‘(4) a perpetrator of the prohibited conduct is 

8 found in the United States. 

9 ‘‘(c) PENALTIES.—Whoever violates this section shall 

10 be fined not more than $2,000,000 and shall be impris11 oned for any term of years or for life. 

12 ‘‘(d) NONAPPLICABILITY.—This section does not 

13 apply to— 

14 ‘‘(1) the activities of armed forces during an 

15 armed conflict, as those terms are understood under 

16 the law of war, which are governed by that law; or 

17 ‘‘(2) activities undertaken by military forces of 

18 a state in the exercise of their official duties. 

19 ‘‘(e) DEFINITIONS.—As used in this section, the 

20 term— 

21 ‘‘(1) ‘armed conflict’ has the meaning given 

22 that term in section 2332f(e)(11) of this title; 

23 ‘‘(2) ‘device’ means: 

24 ‘‘(A) any nuclear explosive device; or 


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1 ‘‘(B) any radioactive material dispersal or 

2 radiation-emitting device that may, owing to its 

3 radiological properties, cause death, serious 

4 bodily injury or substantial damage to property 

5 or the environment; 

6 ‘‘(3) ‘international organization’ has the mean7 ing given that term in section 831(f)(3) of this title; 

8 ‘‘(4) ‘military forces of a state’ means the 

9 armed forces of a country that are organized, 

10 trained and equipped under its internal law for the 

11 primary purpose of national defense or security and 

12 persons acting in support of those armed forces who 

13 are under their formal command, control and re14 sponsibility; 

15 ‘‘(5) ‘national of the United States’ has the 

16 meaning given that term in section 101(a)(22) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(22)); 

19 ‘‘(6) ‘nuclear facility’ means: 

20 ‘‘(A) any nuclear reactor, including reac21 tors on vessels, vehicles, aircraft or space ob22 jects for use as an energy source in order to 

23 propel such vessels, vehicles, aircraft or space 

24 objects or for any other purpose; 


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1 ‘‘(B) any plant or conveyance being used 

2 for the production, storage, processing or trans3 port of radioactive material; or 

4 ‘‘(C) a facility (including associated build5 ings and equipment) in which nuclear material 

6 is produced, processed, used, handled, stored or 

7 disposed of, if damage to or interference with 

8 such facility could lead to the release of signifi9 cant amounts of radiation or radioactive mate10 rial; 

11 ‘‘(7) ‘nuclear material’ has the meaning given 

12 that term in section 831(f)(1) of this title; 

13 ‘‘(8) ‘radioactive material’ means nuclear mate14 rial and other radioactive substances that contain 

15 nuclides that undergo spontaneous disintegration (a 

16 process accompanied by emission of one or more 

17 types of ionizing radiation, such as alpha-, beta-, 

18 neutron particles and gamma rays) and that may, 

19 owing to their radiological or fissile properties, cause 

20 death, serious bodily injury or substantial damage to 

21 property or to the environment; 

22 ‘‘(9) ‘serious bodily injury’ has the meaning 

23 given that term in section 831(f)(4) of this title; 


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1 ‘‘(10) ‘state’ has the same meaning as that 

2 term has under international law, and includes all 

3 political subdivisions thereof; 

4 ‘‘(11) ‘state or government facility’ has the 

5 meaning given that term in section 2332f(e)(3) of 

6 this title; 

7 ‘‘(12) ‘United States corporation or legal entity’ 

8 means any corporation or other entity organized 

9 under the laws of the United States or any State, 

10 Commonwealth, territory, possession or district of 

11 the United States; 

12 ‘‘(13) ‘vessel’ has the meaning given that term 

13 in section 1502(19) of title 33; and 

14 ‘‘(14) ‘vessel of the United States’ has the 

15 meaning given that term in section 70502 of title 

16 46.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 113B of title 18, United 

19 States Code, is amended by inserting after the item relat20 ing to section 2332h the following: 

‘‘2332i. Acts of nuclear terrorism.’’. 

21 (c) DISCLAIMER.—Nothing contained in this section 

22 is intended to affect the applicability of any other Federal 

23 or State law that might pertain to the underlying conduct. 

24 (d) INCLUSION IN DEFINITION OF FEDERAL CRIMES

25 OF TERRORISM.—Section 2332b(g)(5)(B) of title 18, 


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1 United States Code, is amended by inserting ‘‘2332i (re2 lating to acts of nuclear terrorism),’’ before ‘‘2339 (relat3 ing to harboring terrorists)’’. 

4 SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, 

5 UNITED STATES CODE. 

6 Section 831 of title 18, United States Code, is 

7 amended— 

8 (a) in subsection (a)— 

9 (1) by redesignating paragraphs (3) through 

10 (8) as paragraphs (4) through (9); 

11 (2) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) without lawful authority, intentionally car14 ries, sends or moves nuclear material into or out of 

15 a country;’’; 

16 (3) in paragraph (8), as redesignated, by strik17 ing ‘‘an offense under paragraph (1), (2), (3), or 

18 (4)’’ and inserting ‘‘any act prohibited under para19 graphs (1) through (5)’’; and 

20 (4) in paragraph (9), as redesignated, by strik21 ing ‘‘an offense under paragraph (1), (2), (3), or 

22 (4)’’ and inserting ‘‘any act prohibited under para23 graphs (1) through (7)’’; 

24 (b) in subsection (b)— 


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1 (1) in paragraph (1), by striking ‘‘(7)’’ and in2 serting ‘‘(8)’’; and 

3 (2) in paragraph (2), by striking ‘‘(8)’’ and in4 serting ‘‘(9)’’; 

5 (c) in subsection (c)— 

6 (1) in subparagraph (2)(A), by adding after 

7 ‘‘United States’’ the following: ‘‘or a stateless person 

8 whose habitual residence is in the United States’’; 

9 (2) by striking paragraph (5); 

10 (3) in paragraph (4), by striking ‘‘or’’ at the 

11 end; and 

12 (4) by inserting after paragraph (4), the fol13 lowing: 

14 ‘‘(5) the offense is committed on board a vessel 

15 of the United States or a vessel subject to the juris16 diction of the United States (as defined in section 

17 70502 of title 46) or on board an aircraft that is 

18 registered under United States law, at the time the 

19 offense is committed; 

20 ‘‘(6) the offense is committed outside the 

21 United States and against any state or government 

22 facility of the United States; or 

23 ‘‘(7) the offense is committed in an attempt to 

24 compel the United States to do or abstain from 


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1 doing any act, or constitutes a threat directed at the 

2 United States.’’; 

3 (d) by redesignating subsections (d) through (f) as 

4 (e) through (g), respectively; 

5 (e) by inserting after subsection (c) the following: 

6 ‘‘(d) NONAPPLICABILITY.—This section does not 

7 apply to— 

8 ‘‘(1) the activities of armed forces during an 

9 armed conflict, as those terms are understood under 

10 the law of war, which are governed by that law; or 

11 ‘‘(2) activities undertaken by military forces of 

12 a state in the exercise of their official duties.’’; and 

13 (f) in subsection (g), as redesignated— 

14 (1) in paragraph (6), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (7), by striking the period at 

17 the end and inserting a semicolon; and 

18 (3) by inserting after paragraph (7), the fol19 lowing: 

20 ‘‘(8) the term ‘armed conflict’ has the meaning 

21 given that term in section 2332f(e)(11) of this title; 

22 ‘‘(9) the term ‘military forces of a state’ means 

23 the armed forces of a country that are organized, 

24 trained and equipped under its internal law for the 

25 primary purpose of national defense or security and 


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1 persons acting in support of those armed forces who 

2 are under their formal command, control and re3 sponsibility; 

4 ‘‘(10) the term ‘state’ has the same meaning as 

5 that term has under international law, and includes 

6 all political subdivisions thereof; 

7 ‘‘(11) the term ‘state or government facility’ 

8 has the meaning given that term in section 

9 2332f(e)(3) of this title; and 

10 ‘‘(12) the term ‘vessel of the United States’ has 

11 the meaning given that term in section 70502 of 

12 title 46.’’. 

Passed the House of Representatives May 13, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 87 

114TH CONGRESS 

1ST SESSION H. R. 2048 

AN ACT 

To reform the authorities of the Federal Governposes, and for other purposes. intelligence, counterterrorism, and criminal pur- other forms of information gathering for foreign pen registers and trap and trace devices, and use ness records, conduct electronic surveillance, use ment to require the production of certain busiMAY 18, 2015 

Read the second time and placed on the calendar 


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