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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2048 Enrolled Bill (ENR)]

        H.R.2048

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the sixth day of January, two thousand and fifteen

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America by Fulfilling Rights and Ensuring Effective 
Discipline Over Monitoring Act of 2015'' or the ``USA FREEDOM Act of 
2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

                 TITLE I--FISA BUSINESS RECORDS REFORMS

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

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

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

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

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

        TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

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

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 601. Additional reporting on orders requiring production of 
          business records; business records compliance reports to 
          Congress.
Sec. 602. Annual reports by the Government.
Sec. 603. Public reporting by persons subject to FISA orders.
Sec. 604. Reporting requirements for decisions, orders, and opinions of 
          the Foreign Intelligence Surveillance Court and the Foreign 
          Intelligence Surveillance Court of Review.
Sec. 605. Submission of reports under FISA.

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

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

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

                Subtitle A--Safety of Maritime Navigation

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

               Subtitle B--Prevention of Nuclear Terrorism

Sec. 811. New section 2332i of title 18, United States Code.
Sec. 812. Amendment to section 831 of title 18, United States Code.
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
1978.
    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                 TITLE I--FISA BUSINESS RECORDS REFORMS

    SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.
    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is 
amended--
        (1) in subparagraph (A)--
            (A) in the matter preceding clause (i), by striking ``a 
        statement'' and inserting ``in the case of an application other 
        than an application described in subparagraph (C) (including an 
        application for the production of call detail records other 
        than in the manner described in subparagraph (C)), a 
        statement''; and
            (B) in clause (iii), by striking ``; and'' and inserting a 
        semicolon;
        (2) by redesignating subparagraphs (A) and (B) as subparagraphs 
    (B) and (D), respectively; and
        (3) by inserting after subparagraph (B) (as so redesignated) 
    the following new subparagraph:
            ``(C) in the case of an application for the production on 
        an ongoing basis of call detail records created before, on, or 
        after the date of the application relating to an authorized 
        investigation (other than a threat assessment) conducted in 
        accordance with subsection (a)(2) to protect against 
        international terrorism, a statement of facts showing that--
                ``(i) there are reasonable grounds to believe that the 
            call detail records sought to be produced based on the 
            specific selection term required under subparagraph (A) are 
            relevant to such investigation; and
                ``(ii) there is a reasonable, articulable suspicion 
            that such specific selection term is associated with a 
            foreign power engaged in international terrorism or 
            activities in preparation therefor, or an agent of a 
            foreign power engaged in international terrorism or 
            activities in preparation therefor; and''.
    (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--
        (1) in subparagraph (D), by striking ``; and'' and inserting a 
    semicolon;
        (2) in subparagraph (E), by striking the period and inserting 
    ``; and''; and
        (3) by adding at the end the following new subparagraph:
            ``(F) in the case of an application described in subsection 
        (b)(2)(C), shall--
                ``(i) authorize the production on a daily basis of call 
            detail records for a period not to exceed 180 days;
                ``(ii) provide that an order for such production may be 
            extended upon application under subsection (b) and the 
            judicial finding under paragraph (1) of this subsection;
                ``(iii) provide that the Government may require the 
            prompt production of a first set of call detail records 
            using the specific selection term that satisfies the 
            standard required under subsection (b)(2)(C)(ii);
                ``(iv) provide that the Government may require the 
            prompt production of a second set of call detail records 
            using session-identifying information or a telephone 
            calling card number identified by the specific selection 
            term used to produce call detail records under clause 
            (iii);
                ``(v) provide that, when produced, such records be in a 
            form that will be useful to the Government;
                ``(vi) direct each person the Government directs to 
            produce call detail records under the order to furnish the 
            Government forthwith all information, facilities, or 
            technical assistance necessary to accomplish the production 
            in such a manner as will protect the secrecy of the 
            production and produce a minimum of interference with the 
            services that such person is providing to each subject of 
            the production; and
                ``(vii) direct the Government to--

                    ``(I) adopt minimization procedures that require 
                the prompt destruction of all call detail records 
                produced under the order that the Government determines 
                are not foreign intelligence information; and
                    ``(II) destroy all call detail records produced 
                under the order as prescribed by such procedures.''.

    SEC. 102. EMERGENCY AUTHORITY.
    (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding 
at the end the following new subsection:
    ``(i) Emergency Authority for Production of Tangible Things.--
        ``(1) Notwithstanding any other provision of this section, the 
    Attorney General may require the emergency production of tangible 
    things if the Attorney General--
            ``(A) reasonably determines that an emergency situation 
        requires the production of tangible things before an order 
        authorizing such production can with due diligence be obtained;
            ``(B) reasonably determines that the factual basis for the 
        issuance of an order under this section to approve such 
        production of tangible things exists;
            ``(C) informs, either personally or through a designee, a 
        judge having jurisdiction under this section at the time the 
        Attorney General requires the emergency production of tangible 
        things that the decision has been made to employ the authority 
        under this subsection; and
            ``(D) makes an application in accordance with this section 
        to a judge having jurisdiction under this section as soon as 
        practicable, but not later than 7 days after the Attorney 
        General requires the emergency production of tangible things 
        under this subsection.
        ``(2) If the Attorney General requires the emergency production 
    of tangible things under paragraph (1), the Attorney General shall 
    require that the minimization procedures required by this section 
    for the issuance of a judicial order be followed.
        ``(3) In the absence of a judicial order approving the 
    production of tangible things under this subsection, the production 
    shall terminate when the information sought is obtained, when the 
    application for the order is denied, or after the expiration of 7 
    days from the time the Attorney General begins requiring the 
    emergency production of such tangible things, whichever is 
    earliest.
        ``(4) A denial of the application made under this subsection 
    may be reviewed as provided in section 103.
        ``(5) If such application for approval is denied, or in any 
    other case where the production of tangible things is terminated 
    and no order is issued approving the production, no information 
    obtained or evidence derived from such production shall be received 
    in evidence or otherwise disclosed in any trial, hearing, or other 
    proceeding in or before any court, grand jury, department, office, 
    agency, regulatory body, legislative committee, or other authority 
    of the United States, a State, or a political subdivision thereof, 
    and no information concerning any United States person acquired 
    from such production shall subsequently be used or disclosed in any 
    other manner by Federal officers or employees without the consent 
    of such person, except with the approval of the Attorney General if 
    the information indicates a threat of death or serious bodily harm 
    to any person.
        ``(6) The Attorney General shall assess compliance with the 
    requirements of paragraph (5).''.
    (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is 
amended--
        (1) in paragraph (1)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``pursuant to an order'' and inserting ``pursuant to an order 
        issued or an emergency production required'';
            (B) in subparagraph (A), by striking ``such order'' and 
        inserting ``such order or such emergency production''; and
            (C) in subparagraph (B), by striking ``the order'' and 
        inserting ``the order or the emergency production''; and
        (2) in paragraph (2)--
            (A) in subparagraph (A), by striking ``an order'' and 
        inserting ``an order or emergency production''; and
            (B) in subparagraph (B), by striking ``an order'' and 
        inserting ``an order or emergency production''.
    SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.
    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as 
amended by section 101(a) of this Act, is further amended by inserting 
before subparagraph (B), as redesignated by such section 101(a) of this 
Act, the following new subparagraph:
            ``(A) a specific selection term to be used as the basis for 
        the production of the tangible things sought;''.
    (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
        (1) in paragraph (2)(A), by striking the semicolon and 
    inserting ``, including each specific selection term to be used as 
    the basis for the production;''; and
        (2) by adding at the end the following new paragraph:
        ``(3) No order issued under this subsection may authorize the 
    collection of tangible things without the use of a specific 
    selection term that meets the requirements of subsection (b)(2).''.
    SEC. 104. JUDICIAL REVIEW.
    (a) Minimization Procedures.--
        (1) Judicial review.--Section 501(c)(1) (50 U.S.C. 1861(c)(1)) 
    is amended by inserting after ``subsections (a) and (b)'' the 
    following: ``and that the minimization procedures submitted in 
    accordance with subsection (b)(2)(D) meet the definition of 
    minimization procedures under subsection (g)''.
        (2) Rule of construction.--Section 501(g) (50 U.S.C. 1861(g)) 
    is amended by adding at the end the following new paragraph:
        ``(3) Rule of construction.--Nothing in this subsection shall 
    limit the authority of the court established under section 103(a) 
    to impose additional, particularized minimization procedures with 
    regard to the production, retention, or dissemination of 
    nonpublicly available information concerning unconsenting United 
    States persons, including additional, particularized procedures 
    related to the destruction of information within a reasonable time 
    period.''.
        (3) Technical and conforming amendment.--Section 501(g)(1) (50 
    U.S.C. 1861(g)(1)) is amended--
            (A) by striking ``Not later than 180 days after the date of 
        the enactment of the USA PATRIOT Improvement and 
        Reauthorization Act of 2005, the'' and inserting ``The''; and
            (B) by inserting after ``adopt'' the following: ``, and 
        update as appropriate,''.
    (b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--
        (1) in subparagraph (A)(i)--
            (A) by striking ``that order'' and inserting ``the 
        production order or any nondisclosure order imposed in 
        connection with the production order''; and
            (B) by striking the second sentence; and
        (2) in subparagraph (C)--
            (A) by striking clause (ii); and
            (B) by redesignating clause (iii) as clause (ii).
    SEC. 105. LIABILITY PROTECTION.
    Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
    ``(e)(1) No cause of action shall lie in any court against a person 
who--
        ``(A) produces tangible things or provides information, 
    facilities, or technical assistance in accordance with an order 
    issued or an emergency production required under this section; or
        ``(B) otherwise provides technical assistance to the Government 
    under this section or to implement the amendments made to this 
    section by the USA FREEDOM Act of 2015.
    ``(2) A production or provision of information, facilities, or 
technical assistance described in paragraph (1) shall not be deemed to 
constitute a waiver of any privilege in any other proceeding or 
context.''.
    SEC. 106. COMPENSATION FOR ASSISTANCE.
    Section 501 (50 U.S.C. 1861), as amended by section 102 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for--
        ``(1) producing tangible things or providing information, 
    facilities, or assistance in accordance with an order issued with 
    respect to an application described in subsection (b)(2)(C) or an 
    emergency production under subsection (i) that, to comply with 
    subsection (i)(1)(D), requires an application described in 
    subsection (b)(2)(C); or
        ``(2) otherwise providing technical assistance to the 
    Government under this section or to implement the amendments made 
    to this section by the USA FREEDOM Act of 2015.''.
    SEC. 107. DEFINITIONS.
    Section 501 (50 U.S.C. 1861), as amended by section 106 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(k) Definitions.--In this section:
        ``(1) In general.--The terms `foreign power', `agent of a 
    foreign power', `international terrorism', `foreign intelligence 
    information', `Attorney General', `United States person', `United 
    States', `person', and `State' have the meanings provided those 
    terms in section 101.
        ``(2) Address.--The term `address' means a physical address or 
    electronic address, such as an electronic mail address or 
    temporarily assigned network address (including an Internet 
    protocol address).
        ``(3) Call detail record.--The term `call detail record'--
            ``(A) means session-identifying information (including an 
        originating or terminating telephone number, an International 
        Mobile Subscriber Identity number, or an International Mobile 
        Station Equipment Identity number), a telephone calling card 
        number, or the time or duration of a call; and
            ``(B) does not include--
                ``(i) the contents (as defined in section 2510(8) of 
            title 18, United States Code) of any communication;
                ``(ii) the name, address, or financial information of a 
            subscriber or customer; or
                ``(iii) cell site location or global positioning system 
            information.
        ``(4) Specific selection term.--
            ``(A) Tangible things.--
                ``(i) In general.--Except as provided in subparagraph 
            (B), a `specific selection term'--

                    ``(I) is a term that specifically identifies a 
                person, account, address, or personal device, or any 
                other specific identifier; and
                    ``(II) is used to limit, to the greatest extent 
                reasonably practicable, the scope of tangible things 
                sought consistent with the purpose for seeking the 
                tangible things.

                ``(ii) Limitation.--A specific selection term under 
            clause (i) does not include an identifier that does not 
            limit, to the greatest extent reasonably practicable, the 
            scope of tangible things sought consistent with the purpose 
            for seeking the tangible things, such as an identifier 
            that--

                    ``(I) identifies an electronic communication 
                service provider (as that term is defined in section 
                701) or a provider of remote computing service (as that 
                term is defined in section 2711 of title 18, United 
                States Code), when not used as part of a specific 
                identifier as described in clause (i), unless the 
                provider is itself a subject of an authorized 
                investigation for which the specific selection term is 
                used as the basis for the production; or
                    ``(II) identifies a broad geographic region, 
                including the United States, a city, a county, a State, 
                a zip code, or an area code, when not used as part of a 
                specific identifier as described in clause (i).

                ``(iii) Rule of construction.--Nothing in this 
            paragraph shall be construed to preclude the use of 
            multiple terms or identifiers to meet the requirements of 
            clause (i).
            ``(B) Call detail record applications.--For purposes of an 
        application submitted under subsection (b)(2)(C), the term 
        `specific selection term' means a term that specifically 
        identifies an individual, account, or personal device.''.
    SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.
    Section 106A of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
        (1) in subsection (b)--
            (A) in paragraph (1), by inserting ``and calendar years 
        2012 through 2014'' after ``2006'';
            (B) by striking paragraphs (2) and (3);
            (C) by redesignating paragraphs (4) and (5) as paragraphs 
        (2) and (3), respectively; and
            (D) in paragraph (3) (as so redesignated)--
                (i) by striking subparagraph (C) and inserting the 
            following new subparagraph:
            ``(C) with respect to calendar years 2012 through 2014, an 
        examination of the minimization procedures used in relation to 
        orders under section 501 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861) and whether the 
        minimization procedures adequately protect the constitutional 
        rights of United States persons;''; and
                (ii) in subparagraph (D), by striking ``(as such term 
            is defined in section 3(4) of the National Security Act of 
            1947 (50 U.S.C. 401a(4)))'';
        (2) in subsection (c), by adding at the end the following new 
    paragraph:
        ``(3) Calendar years 2012 through 2014.--Not later than 1 year 
    after the date of enactment of the USA FREEDOM Act of 2015, the 
    Inspector General of the Department of Justice shall submit to the 
    Committee on the Judiciary and the Select Committee on Intelligence 
    of the Senate and the Committee on the Judiciary and the Permanent 
    Select Committee on Intelligence of the House of Representatives a 
    report containing the results of the audit conducted under 
    subsection (a) for calendar years 2012 through 2014.'';
        (3) by redesignating subsections (d) and (e) as subsections (e) 
    and (f), respectively;
        (4) by inserting after subsection (c) the following new 
    subsection:
    ``(d) Intelligence Assessment.--
        ``(1) In general.--For the period beginning on January 1, 2012, 
    and ending on December 31, 2014, the Inspector General of the 
    Intelligence Community shall assess--
            ``(A) the importance of the information acquired under 
        title V of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1861 et seq.) to the activities of the intelligence 
        community;
            ``(B) the manner in which that information was collected, 
        retained, analyzed, and disseminated by the intelligence 
        community;
            ``(C) the minimization procedures used by elements of the 
        intelligence community under such title and whether the 
        minimization procedures adequately protect the constitutional 
        rights of United States persons; and
            ``(D) any minimization procedures proposed by an element of 
        the intelligence community under such title that were modified 
        or denied by the court established under section 103(a) of such 
        Act (50 U.S.C. 1803(a)).
        ``(2) Submission date for assessment.--Not later than 180 days 
    after the date on which the Inspector General of the Department of 
    Justice submits the report required under subsection (c)(3), the 
    Inspector General of the Intelligence Community shall submit to the 
    Committee on the Judiciary and the Select Committee on Intelligence 
    of the Senate and the Committee on the Judiciary and the Permanent 
    Select Committee on Intelligence of the House of Representatives a 
    report containing the results of the assessment for calendar years 
    2012 through 2014.'';
        (5) in subsection (e), as redesignated by paragraph (3)--
            (A) in paragraph (1)--
                (i) by striking ``a report under subsection (c)(1) or 
            (c)(2)'' and inserting ``any report under subsection (c) or 
            (d)''; and
                (ii) by striking ``Inspector General of the Department 
            of Justice'' and inserting ``Inspector General of the 
            Department of Justice, the Inspector General of the 
            Intelligence Community, and any Inspector General of an 
            element of the intelligence community that prepares a 
            report to assist the Inspector General of the Department of 
            Justice or the Inspector General of the Intelligence 
            Community in complying with the requirements of this 
            section''; and
            (B) in paragraph (2), by striking ``the reports submitted 
        under subsections (c)(1) and (c)(2)'' and inserting ``any 
        report submitted under subsection (c) or (d)'';
        (6) in subsection (f), as redesignated by paragraph (3)--
            (A) by striking ``The reports submitted under subsections 
        (c)(1) and (c)(2)'' and inserting ``Each report submitted under 
        subsection (c)''; and
            (B) by striking ``subsection (d)(2)'' and inserting 
        ``subsection (e)(2)''; and
        (7) by adding at the end the following new subsection:
    ``(g) Definitions.--In this section:
        ``(1) Intelligence community.--The term `intelligence 
    community' has the meaning given that term in section 3 of the 
    National Security Act of 1947 (50 U.S.C. 3003).
        ``(2) United states person.--The term `United States person' 
    has the meaning given that term in section 101 of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.
    SEC. 109. EFFECTIVE DATE.
    (a) In General.--The amendments made by sections 101 through 103 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to alter or eliminate the authority of the Government to obtain an 
order under title V of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date 
described in subsection (a) during the period ending on such effective 
date.
    SEC. 110. RULE OF CONSTRUCTION.
    Nothing in this Act shall be construed to authorize the production 
of the contents (as such term is defined in section 2510(8) of title 
18, United States Code) of any electronic communication from an 
electronic communication service provider (as such term is defined in 
section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881(b)(4))) under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).

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

    SEC. 201. PROHIBITION ON BULK COLLECTION.
    (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
        (1) in paragraph (1), by striking ``; and'' and inserting a 
    semicolon;
        (2) in paragraph (2), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(3) a specific selection term to be used as the basis for the 
    use of the pen register or trap and trace device.''.
    (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding 
at the end the following new paragraph:
        ``(4)(A) The term `specific selection term'--
            ``(i) is a term that specifically identifies a person, 
        account, address, or personal device, or any other specific 
        identifier; and
            ``(ii) is used to limit, to the greatest extent reasonably 
        practicable, the scope of information sought, consistent with 
        the purpose for seeking the use of the pen register or trap and 
        trace device.
        ``(B) A specific selection term under subparagraph (A) does not 
    include an identifier that does not limit, to the greatest extent 
    reasonably practicable, the scope of information sought, consistent 
    with the purpose for seeking the use of the pen register or trap 
    and trace device, such as an identifier that--
            ``(i) identifies an electronic communication service 
        provider (as that term is defined in section 701) or a provider 
        of remote computing service (as that term is defined in section 
        2711 of title 18, United States Code), when not used as part of 
        a specific identifier as described in subparagraph (A), unless 
        the provider is itself a subject of an authorized investigation 
        for which the specific selection term is used as the basis for 
        the use; or
            ``(ii) identifies a broad geographic region, including the 
        United States, a city, a county, a State, a zip code, or an 
        area code, when not used as part of a specific identifier as 
        described in subparagraph (A).
        ``(C) For purposes of subparagraph (A), the term `address' 
    means a physical address or electronic address, such as an 
    electronic mail address or temporarily assigned network address 
    (including an Internet protocol address).
        ``(D) Nothing in this paragraph shall be construed to preclude 
    the use of multiple terms or identifiers to meet the requirements 
    of subparagraph (A).''.
    SEC. 202. PRIVACY PROCEDURES.
    (a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding 
at the end the following new subsection:
    ``(h) Privacy Procedures.--
        ``(1) In general.--The Attorney General shall ensure that 
    appropriate policies and procedures are in place to safeguard 
    nonpublicly available information concerning United States persons 
    that is collected through the use of a pen register or trap and 
    trace device installed under this section. Such policies and 
    procedures shall, to the maximum extent practicable and consistent 
    with the need to protect national security, include privacy 
    protections that apply to the collection, retention, and use of 
    information concerning United States persons.
        ``(2) Rule of construction.--Nothing in this subsection limits 
    the authority of the court established under section 103(a) or of 
    the Attorney General to impose additional privacy or minimization 
    procedures with regard to the installation or use of a pen register 
    or trap and trace device.''.
    (b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended 
by adding at the end the following new subsection:
    ``(d) Privacy Procedures.--Information collected through the use of 
a pen register or trap and trace device installed under this section 
shall be subject to the policies and procedures required under section 
402(h).''.

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

    SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.
    Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at 
the end the following new subparagraph:
            ``(D) Limitation on use of information.--
                ``(i) In general.--Except as provided in clause (ii), 
            if the Court orders a correction of a deficiency in a 
            certification or procedures under subparagraph (B), no 
            information obtained or evidence derived pursuant to the 
            part of the certification or procedures that has been 
            identified by the Court as deficient concerning any United 
            States person shall be received in evidence or otherwise 
            disclosed in any trial, hearing, or other proceeding in or 
            before any court, grand jury, department, office, agency, 
            regulatory body, legislative committee, or other authority 
            of the United States, a State, or political subdivision 
            thereof, and no information concerning any United States 
            person acquired pursuant to such part of such certification 
            or procedures shall subsequently be used or disclosed in 
            any other manner by Federal officers or employees without 
            the consent of the United States person, except with the 
            approval of the Attorney General if the information 
            indicates a threat of death or serious bodily harm to any 
            person.
                ``(ii) Exception.--If the Government corrects any 
            deficiency identified by the order of the Court under 
            subparagraph (B), the Court may permit the use or 
            disclosure of information obtained before the date of the 
            correction under such minimization procedures as the Court 
            may approve for purposes of this clause.''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

    SEC. 401. APPOINTMENT OF AMICUS CURIAE.
    Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsections:
    ``(i) Amicus Curiae.--
        ``(1) Designation.--The presiding judges of the courts 
    established under subsections (a) and (b) shall, not later than 180 
    days after the enactment of this subsection, jointly designate not 
    fewer than 5 individuals to be eligible to serve as amicus curiae, 
    who shall serve pursuant to rules the presiding judges may 
    establish. In designating such individuals, the presiding judges 
    may consider individuals recommended by any source, including 
    members of the Privacy and Civil Liberties Oversight Board, the 
    judges determine appropriate.
        ``(2) Authorization.--A court established under subsection (a) 
    or (b), consistent with the requirement of subsection (c) and any 
    other statutory requirement that the court act expeditiously or 
    within a stated time--
            ``(A) shall appoint an individual who has been designated 
        under paragraph (1) to serve as amicus curiae to assist such 
        court in the consideration of any application for an order or 
        review that, in the opinion of the court, presents a novel or 
        significant interpretation of the law, unless the court issues 
        a finding that such appointment is not appropriate; and
            ``(B) may appoint an individual or organization to serve as 
        amicus curiae, including to provide technical expertise, in any 
        instance as such court deems appropriate or, upon motion, 
        permit an individual or organization leave to file an amicus 
        curiae brief.
        ``(3) Qualifications of amicus curiae.--
            ``(A) Expertise.--Individuals designated under paragraph 
        (1) shall be persons who possess expertise in privacy and civil 
        liberties, intelligence collection, communications technology, 
        or any other area that may lend legal or technical expertise to 
        a court established under subsection (a) or (b).
            ``(B) Security clearance.--Individuals designated pursuant 
        to paragraph (1) shall be persons who are determined to be 
        eligible for access to classified information necessary to 
        participate in matters before the courts. Amicus curiae 
        appointed by the court pursuant to paragraph (2) shall be 
        persons who are determined to be eligible for access to 
        classified information, if such access is necessary to 
        participate in the matters in which they may be appointed.
        ``(4) Duties.--If a court established under subsection (a) or 
    (b) appoints an amicus curiae under paragraph (2)(A), the amicus 
    curiae shall provide to the court, as appropriate--
            ``(A) legal arguments that advance the protection of 
        individual privacy and civil liberties;
            ``(B) information related to intelligence collection or 
        communications technology; or
            ``(C) legal arguments or information regarding any other 
        area relevant to the issue presented to the court.
        ``(5) Assistance.--An amicus curiae appointed under paragraph 
    (2)(A) may request that the court designate or appoint additional 
    amici curiae pursuant to paragraph (1) or paragraph (2), to be 
    available to assist the amicus curiae.
        ``(6) Access to information.--
            ``(A) In general.--If a court established under subsection 
        (a) or (b) appoints an amicus curiae under paragraph (2), the 
        amicus curiae--
                ``(i) shall have access to any legal precedent, 
            application, certification, petition, motion, or such other 
            materials that the court determines are relevant to the 
            duties of the amicus curiae; and
                ``(ii) may, if the court determines that it is relevant 
            to the duties of the amicus curiae, consult with any other 
            individuals designated pursuant to paragraph (1) regarding 
            information relevant to any assigned proceeding.
            ``(B) Briefings.--The Attorney General may periodically 
        brief or provide relevant materials to individuals designated 
        pursuant to paragraph (1) regarding constructions and 
        interpretations of this Act and legal, technological, and other 
        issues related to actions authorized by this Act.
            ``(C) Classified information.--An amicus curiae designated 
        or appointed by the court may have access to classified 
        documents, information, and other materials or proceedings only 
        if that individual is eligible for access to classified 
        information and to the extent consistent with the national 
        security of the United States.
            ``(D) Rule of construction.--Nothing in this section shall 
        be construed to require the Government to provide information 
        to an amicus curiae appointed by the court that is privileged 
        from disclosure.
        ``(7) Notification.--A presiding judge of a court established 
    under subsection (a) or (b) shall notify the Attorney General of 
    each exercise of the authority to appoint an individual to serve as 
    amicus curiae under paragraph (2).
        ``(8) Assistance.--A court established under subsection (a) or 
    (b) may request and receive (including on a nonreimbursable basis) 
    the assistance of the executive branch in the implementation of 
    this subsection.
        ``(9) Administration.--A court established under subsection (a) 
    or (b) may provide for the designation, appointment, removal, 
    training, or other support for an individual designated to serve as 
    amicus curiae under paragraph (1) or appointed to serve as amicus 
    curiae under paragraph (2) in a manner that is not inconsistent 
    with this subsection.
        ``(10) Receipt of information.--Nothing in this subsection 
    shall limit the ability of a court established under subsection (a) 
    or (b) to request or receive information or materials from, or 
    otherwise communicate with, the Government or amicus curiae 
    appointed under paragraph (2) on an ex parte basis, nor limit any 
    special or heightened obligation in any ex parte communication or 
    proceeding.
    ``(j) Review of FISA Court Decisions.--Following issuance of an 
order under this Act, a court established under subsection (a) shall 
certify for review to the court established under subsection (b) any 
question of law that may affect resolution of the matter in controversy 
that the court determines warrants such review because of a need for 
uniformity or because consideration by the court established under 
subsection (b) would serve the interests of justice. Upon certification 
of a question of law under this subsection, the court established under 
subsection (b) may give binding instructions or require the entire 
record to be sent up for decision of the entire matter in controversy.
    ``(k) Review of FISA Court of Review Decisions.--
        ``(1) Certification.--For purposes of section 1254(2) of title 
    28, United States Code, the court of review established under 
    subsection (b) shall be considered to be a court of appeals.
        ``(2) Amicus curiae briefing.--Upon certification of an 
    application under paragraph (1), the Supreme Court of the United 
    States may appoint an amicus curiae designated under subsection 
    (i)(1), or any other person, to provide briefing or other 
    assistance.''.
    SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS.
    (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is 
amended--
        (1) in the heading, by striking ``REPORTING REQUIREMENT'' and 
    inserting ``OVERSIGHT''; and
        (2) by adding at the end the following new section:
    ``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
      OPINIONS.
    ``(a) Declassification Required.--Subject to subsection (b), the 
Director of National Intelligence, in consultation with the Attorney 
General, shall conduct a declassification review of each decision, 
order, or opinion issued by the Foreign Intelligence Surveillance Court 
or the Foreign Intelligence Surveillance Court of Review (as defined in 
section 601(e)) that includes a significant construction or 
interpretation of any provision of law, including any novel or 
significant construction or interpretation of the term `specific 
selection term', and, consistent with that review, make publicly 
available to the greatest extent practicable each such decision, order, 
or opinion.
    ``(b) Redacted Form.--The Director of National Intelligence, in 
consultation with the Attorney General, may satisfy the requirement 
under subsection (a) to make a decision, order, or opinion described in 
such subsection publicly available to the greatest extent practicable 
by making such decision, order, or opinion publicly available in 
redacted form.
    ``(c) National Security Waiver.--The Director of National 
Intelligence, in consultation with the Attorney General, may waive the 
requirement to declassify and make publicly available a particular 
decision, order, or opinion under subsection (a), if--
        ``(1) the Director of National Intelligence, in consultation 
    with the Attorney General, determines that a waiver of such 
    requirement is necessary to protect the national security of the 
    United States or properly classified intelligence sources or 
    methods; and
        ``(2) the Director of National Intelligence makes publicly 
    available an unclassified statement prepared by the Attorney 
    General, in consultation with the Director of National 
    Intelligence--
            ``(A) summarizing the significant construction or 
        interpretation of any provision of law, which shall include, to 
        the extent consistent with national security, a description of 
        the context in which the matter arises and any significant 
        construction or interpretation of any statute, constitutional 
        provision, or other legal authority relied on by the decision; 
        and
            ``(B) that specifies that the statement has been prepared 
        by the Attorney General and constitutes no part of the opinion 
        of the Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review.''.
    (b) Table of Contents Amendments.--The table of contents in the 
first section is amended--
        (1) by striking the item relating to title VI and inserting the 
    following new item:

                        ``TITLE VI--OVERSIGHT'';

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

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

    SEC. 501. PROHIBITION ON BULK COLLECTION.
    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709(b) of title 18, United States Code, is amended 
in the matter preceding paragraph (1) by striking ``may'' and inserting 
``may, using a term that specifically identifies a person, entity, 
telephone number, or account as the basis for a request''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114(a)(2) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the 
period and inserting ``and a term that specifically identifies a 
customer, entity, or account to be used as the basis for the production 
and disclosure of financial records.''.
    (c) Disclosures to FBI of Certain Consumer Records for 
Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u) is amended--
        (1) in subsection (a), by striking ``that information,'' and 
    inserting ``that information that includes a term that specifically 
    identifies a consumer or account to be used as the basis for the 
    production of that information,'';
        (2) in subsection (b), by striking ``written request,'' and 
    inserting ``written request that includes a term that specifically 
    identifies a consumer or account to be used as the basis for the 
    production of that information,''; and
        (3) in subsection (c), by inserting ``, which shall include a 
    term that specifically identifies a consumer or account to be used 
    as the basis for the production of the information,'' after ``issue 
    an order ex parte''.
    (d) Disclosures to Governmental Agencies for Counterterrorism 
Purposes of Consumer Reports.--Section 627(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681v(a)) is amended by striking ``analysis.'' 
and inserting ``analysis and that includes a term that specifically 
identifies a consumer or account to be used as the basis for the 
production of such information.''.
    SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.
    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended by 
striking subsection (c) and inserting the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
        ``(1) Prohibition.--
            ``(A) In general.--If a certification is issued under 
        subparagraph (B) and notice of the right to judicial review 
        under subsection (d) is provided, no wire or electronic 
        communication service provider that receives a request under 
        subsection (b), or officer, employee, or agent thereof, shall 
        disclose to any person that the Federal Bureau of Investigation 
        has sought or obtained access to information or records under 
        this section.
            ``(B) Certification.--The requirements of subparagraph (A) 
        shall apply if the Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or a Special Agent in Charge of a Bureau field 
        office, certifies that the absence of a prohibition of 
        disclosure under this subsection may result in--
                ``(i) a danger to the national security of the United 
            States;
                ``(ii) interference with a criminal, counterterrorism, 
            or counterintelligence investigation;
                ``(iii) interference with diplomatic relations; or
                ``(iv) danger to the life or physical safety of any 
            person.
        ``(2) Exception.--
            ``(A) In general.--A wire or electronic communication 
        service provider that receives a request under subsection (b), 
        or officer, employee, or agent thereof, may disclose 
        information otherwise subject to any applicable nondisclosure 
        requirement to--
                ``(i) those persons to whom disclosure is necessary in 
            order to comply with the request;
                ``(ii) an attorney in order to obtain legal advice or 
            assistance regarding the request; or
                ``(iii) other persons as permitted by the Director of 
            the Federal Bureau of Investigation or the designee of the 
            Director.
            ``(B) Application.--A person to whom disclosure is made 
        under subparagraph (A) shall be subject to the nondisclosure 
        requirements applicable to a person to whom a request is issued 
        under subsection (b) in the same manner as the person to whom 
        the request is issued.
            ``(C) Notice.--Any recipient that discloses to a person 
        described in subparagraph (A) information otherwise subject to 
        a nondisclosure requirement shall notify the person of the 
        applicable nondisclosure requirement.
            ``(D) Identification of disclosure recipients.--At the 
        request of the Director of the Federal Bureau of Investigation 
        or the designee of the Director, any person making or intending 
        to make a disclosure under clause (i) or (iii) of subparagraph 
        (A) shall identify to the Director or such designee the person 
        to whom such disclosure will be made or to whom such disclosure 
        was made prior to the request.''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414) is amended--
        (1) in subsection (a)(5), by striking subparagraph (D); and
        (2) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Prohibition of Certain Disclosure.--
        ``(1) Prohibition.--
            ``(A) In general.--If a certification is issued under 
        subparagraph (B) and notice of the right to judicial review 
        under subsection (d) is provided, no financial institution that 
        receives a request under subsection (a), or officer, employee, 
        or agent thereof, shall disclose to any person that the Federal 
        Bureau of Investigation has sought or obtained access to 
        information or records under subsection (a).
            ``(B) Certification.--The requirements of subparagraph (A) 
        shall apply if the Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or a Special Agent in Charge of a Bureau field 
        office, certifies that the absence of a prohibition of 
        disclosure under this subsection may result in--
                ``(i) a danger to the national security of the United 
            States;
                ``(ii) interference with a criminal, counterterrorism, 
            or counterintelligence investigation;
                ``(iii) interference with diplomatic relations; or
                ``(iv) danger to the life or physical safety of any 
            person.
        ``(2) Exception.--
            ``(A) In general.--A financial institution that receives a 
        request under subsection (a), or officer, employee, or agent 
        thereof, may disclose information otherwise subject to any 
        applicable nondisclosure requirement to--
                ``(i) those persons to whom disclosure is necessary in 
            order to comply with the request;
                ``(ii) an attorney in order to obtain legal advice or 
            assistance regarding the request; or
                ``(iii) other persons as permitted by the Director of 
            the Federal Bureau of Investigation or the designee of the 
            Director.
            ``(B) Application.--A person to whom disclosure is made 
        under subparagraph (A) shall be subject to the nondisclosure 
        requirements applicable to a person to whom a request is issued 
        under subsection (a) in the same manner as the person to whom 
        the request is issued.
            ``(C) Notice.--Any recipient that discloses to a person 
        described in subparagraph (A) information otherwise subject to 
        a nondisclosure requirement shall inform the person of the 
        applicable nondisclosure requirement.
            ``(D) Identification of disclosure recipients.--At the 
        request of the Director of the Federal Bureau of Investigation 
        or the designee of the Director, any person making or intending 
        to make a disclosure under clause (i) or (iii) of subparagraph 
        (A) shall identify to the Director or such designee the person 
        to whom such disclosure will be made or to whom such disclosure 
        was made prior to the request.''.
    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by 
striking subsection (d) and inserting the following new subsection:
    ``(d) Prohibition of Certain Disclosure.--
        ``(1) Prohibition.--
            ``(A) In general.--If a certification is issued under 
        subparagraph (B) and notice of the right to judicial review 
        under subsection (e) is provided, no consumer reporting agency 
        that receives a request under subsection (a) or (b) or an order 
        under subsection (c), or officer, employee, or agent thereof, 
        shall disclose or specify in any consumer report, that the 
        Federal Bureau of Investigation has sought or obtained access 
        to information or records under subsection (a), (b), or (c).
            ``(B) Certification.--The requirements of subparagraph (A) 
        shall apply if the Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or a Special Agent in Charge of a Bureau field 
        office, certifies that the absence of a prohibition of 
        disclosure under this subsection may result in--
                ``(i) a danger to the national security of the United 
            States;
                ``(ii) interference with a criminal, counterterrorism, 
            or counterintelligence investigation;
                ``(iii) interference with diplomatic relations; or
                ``(iv) danger to the life or physical safety of any 
            person.
        ``(2) Exception.--
            ``(A) In general.--A consumer reporting agency that 
        receives a request under subsection (a) or (b) or an order 
        under subsection (c), or officer, employee, or agent thereof, 
        may disclose information otherwise subject to any applicable 
        nondisclosure requirement to--
                ``(i) those persons to whom disclosure is necessary in 
            order to comply with the request;
                ``(ii) an attorney in order to obtain legal advice or 
            assistance regarding the request; or
                ``(iii) other persons as permitted by the Director of 
            the Federal Bureau of Investigation or the designee of the 
            Director.
            ``(B) Application.--A person to whom disclosure is made 
        under subparagraph (A) shall be subject to the nondisclosure 
        requirements applicable to a person to whom a request under 
        subsection (a) or (b) or an order under subsection (c) is 
        issued in the same manner as the person to whom the request is 
        issued.
            ``(C) Notice.--Any recipient that discloses to a person 
        described in subparagraph (A) information otherwise subject to 
        a nondisclosure requirement shall inform the person of the 
        applicable nondisclosure requirement.
            ``(D) Identification of disclosure recipients.--At the 
        request of the Director of the Federal Bureau of Investigation 
        or the designee of the Director, any person making or intending 
        to make a disclosure under clause (i) or (iii) of subparagraph 
        (A) shall identify to the Director or such designee the person 
        to whom such disclosure will be made or to whom such disclosure 
        was made prior to the request.''.
    (d) Consumer Reports.--Section 627 of the Fair Credit Reporting Act 
(15 U.S.C. 1681v) is amended by striking subsection (c) and inserting 
the following new subsection:
    ``(c) Prohibition of Certain Disclosure.--
        ``(1) Prohibition.--
            ``(A) In general.--If a certification is issued under 
        subparagraph (B) and notice of the right to judicial review 
        under subsection (d) is provided, no consumer reporting agency 
        that receives a request under subsection (a), or officer, 
        employee, or agent thereof, shall disclose or specify in any 
        consumer report, that a government agency described in 
        subsection (a) has sought or obtained access to information or 
        records under subsection (a).
            ``(B) Certification.--The requirements of subparagraph (A) 
        shall apply if the head of the government agency described in 
        subsection (a), or a designee, certifies that the absence of a 
        prohibition of disclosure under this subsection may result in--
                ``(i) a danger to the national security of the United 
            States;
                ``(ii) interference with a criminal, counterterrorism, 
            or counterintelligence investigation;
                ``(iii) interference with diplomatic relations; or
                ``(iv) danger to the life or physical safety of any 
            person.
        ``(2) Exception.--
            ``(A) In general.--A consumer reporting agency that 
        receives a request under subsection (a), or officer, employee, 
        or agent thereof, may disclose information otherwise subject to 
        any applicable nondisclosure requirement to--
                ``(i) those persons to whom disclosure is necessary in 
            order to comply with the request;
                ``(ii) an attorney in order to obtain legal advice or 
            assistance regarding the request; or
                ``(iii) other persons as permitted by the head of the 
            government agency described in subsection (a) or a 
            designee.
            ``(B) Application.--A person to whom disclosure is made 
        under subparagraph (A) shall be subject to the nondisclosure 
        requirements applicable to a person to whom a request under 
        subsection (a) is issued in the same manner as the person to 
        whom the request is issued.
            ``(C) Notice.--Any recipient that discloses to a person 
        described in subparagraph (A) information otherwise subject to 
        a nondisclosure requirement shall inform the person of the 
        applicable nondisclosure requirement.
            ``(D) Identification of disclosure recipients.--At the 
        request of the head of the government agency described in 
        subsection (a) or a designee, any person making or intending to 
        make a disclosure under clause (i) or (iii) of subparagraph (A) 
        shall identify to the head or such designee the person to whom 
        such disclosure will be made or to whom such disclosure was 
        made prior to the request.''.
    (e) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended by striking subsection (b) and inserting the 
following new subsection:
    ``(b) Prohibition of Certain Disclosure.--
        ``(1) Prohibition.--
            ``(A) In general.--If a certification is issued under 
        subparagraph (B) and notice of the right to judicial review 
        under subsection (c) is provided, no governmental or private 
        entity that receives a request under subsection (a), or 
        officer, employee, or agent thereof, shall disclose to any 
        person that an authorized investigative agency described in 
        subsection (a) has sought or obtained access to information 
        under subsection (a).
            ``(B) Certification.--The requirements of subparagraph (A) 
        shall apply if the head of an authorized investigative agency 
        described in subsection (a), or a designee, certifies that the 
        absence of a prohibition of disclosure under this subsection 
        may result in--
                ``(i) a danger to the national security of the United 
            States;
                ``(ii) interference with a criminal, counterterrorism, 
            or counterintelligence investigation;
                ``(iii) interference with diplomatic relations; or
                ``(iv) danger to the life or physical safety of any 
            person.
        ``(2) Exception.--
            ``(A) In general.--A governmental or private entity that 
        receives a request under subsection (a), or officer, employee, 
        or agent thereof, may disclose information otherwise subject to 
        any applicable nondisclosure requirement to--
                ``(i) those persons to whom disclosure is necessary in 
            order to comply with the request;
                ``(ii) an attorney in order to obtain legal advice or 
            assistance regarding the request; or
                ``(iii) other persons as permitted by the head of the 
            authorized investigative agency described in subsection (a) 
            or a designee.
            ``(B) Application.--A person to whom disclosure is made 
        under subparagraph (A) shall be subject to the nondisclosure 
        requirements applicable to a person to whom a request is issued 
        under subsection (a) in the same manner as the person to whom 
        the request is issued.
            ``(C) Notice.--Any recipient that discloses to a person 
        described in subparagraph (A) information otherwise subject to 
        a nondisclosure requirement shall inform the person of the 
        applicable nondisclosure requirement.
            ``(D) Identification of disclosure recipients.--At the 
        request of the head of an authorized investigative agency 
        described in subsection (a), or a designee, any person making 
        or intending to make a disclosure under clause (i) or (iii) of 
        subparagraph (A) shall identify to the head of the authorized 
        investigative agency or such designee the person to whom such 
        disclosure will be made or to whom such disclosure was made 
        prior to the request.''.
    (f) Termination Procedures.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Attorney General shall adopt procedures 
    with respect to nondisclosure requirements issued pursuant to 
    section 2709 of title 18, United States Code, section 626 or 627 of 
    the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 
    1114 of the Right to Financial Privacy Act (12 U.S.C. 3414), or 
    section 802 of the National Security Act of 1947 (50 U.S.C. 3162), 
    as amended by this Act, to require--
            (A) the review at appropriate intervals of such a 
        nondisclosure requirement to assess whether the facts 
        supporting nondisclosure continue to exist;
            (B) the termination of such a nondisclosure requirement if 
        the facts no longer support nondisclosure; and
            (C) appropriate notice to the recipient of the national 
        security letter, or officer, employee, or agent thereof, 
        subject to the nondisclosure requirement, and the applicable 
        court as appropriate, that the nondisclosure requirement has 
        been terminated.
        (2) Reporting.--Upon adopting the procedures required under 
    paragraph (1), the Attorney General shall submit the procedures to 
    the Committee on the Judiciary of the Senate and the Committee on 
    the Judiciary of the House of Representatives.
    (g) Judicial Review.--Section 3511 of title 18, United States Code, 
is amended by striking subsection (b) and inserting the following new 
subsection:
    ``(b) Nondisclosure.--
        ``(1) In general.--
            ``(A) Notice.--If a recipient of a request or order for a 
        report, records, or other information under section 2709 of 
        this title, section 626 or 627 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681u and 1681v), section 1114 of the Right to 
        Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802 
        of the National Security Act of 1947 (50 U.S.C. 3162), wishes 
        to have a court review a nondisclosure requirement imposed in 
        connection with the request or order, the recipient may notify 
        the Government or file a petition for judicial review in any 
        court described in subsection (a).
            ``(B) Application.--Not later than 30 days after the date 
        of receipt of a notification under subparagraph (A), the 
        Government shall apply for an order prohibiting the disclosure 
        of the existence or contents of the relevant request or order. 
        An application under this subparagraph may be filed in the 
        district court of the United States for the judicial district 
        in which the recipient of the order is doing business or in the 
        district court of the United States for any judicial district 
        within which the authorized investigation that is the basis for 
        the request is being conducted. The applicable nondisclosure 
        requirement shall remain in effect during the pendency of 
        proceedings relating to the requirement.
            ``(C) Consideration.--A district court of the United States 
        that receives a petition under subparagraph (A) or an 
        application under subparagraph (B) should rule expeditiously, 
        and shall, subject to paragraph (3), issue a nondisclosure 
        order that includes conditions appropriate to the 
        circumstances.
        ``(2) Application contents.--An application for a nondisclosure 
    order or extension thereof or a response to a petition filed under 
    paragraph (1) shall include a certification from the Attorney 
    General, Deputy Attorney General, an Assistant Attorney General, or 
    the Director of the Federal Bureau of Investigation, or a designee 
    in a position not lower than Deputy Assistant Director at Bureau 
    headquarters or a Special Agent in Charge in a Bureau field office 
    designated by the Director, or in the case of a request by a 
    department, agency, or instrumentality of the Federal Government 
    other than the Department of Justice, the head or deputy head of 
    the department, agency, or instrumentality, containing a statement 
    of specific facts indicating that the absence of a prohibition of 
    disclosure under this subsection may result in--
            ``(A) a danger to the national security of the United 
        States;
            ``(B) interference with a criminal, counterterrorism, or 
        counterintelligence investigation;
            ``(C) interference with diplomatic relations; or
            ``(D) danger to the life or physical safety of any person.
        ``(3) Standard.--A district court of the United States shall 
    issue a nondisclosure order or extension thereof under this 
    subsection if the court determines that there is reason to believe 
    that disclosure of the information subject to the nondisclosure 
    requirement during the applicable time period may result in--
            ``(A) a danger to the national security of the United 
        States;
            ``(B) interference with a criminal, counterterrorism, or 
        counterintelligence investigation;
            ``(C) interference with diplomatic relations; or
            ``(D) danger to the life or physical safety of any 
        person.''.
    SEC. 503. JUDICIAL REVIEW.
    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended--
        (1) by redesignating subsections (d), (e), and (f) as 
    subsections (e), (f), and (g), respectively; and
        (2) by inserting after subsection (c) the following new 
    subsection:
    ``(d) Judicial Review.--
        ``(1) In general.--A request under subsection (b) or a 
    nondisclosure requirement imposed in connection with such request 
    under subsection (c) shall be subject to judicial review under 
    section 3511.
        ``(2) Notice.--A request under subsection (b) shall include 
    notice of the availability of judicial review described in 
    paragraph (1).''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414) is amended--
        (1) by redesignating subsection (d) as subsection (e); and
        (2) by inserting after subsection (c) the following new 
    subsection:
    ``(d) Judicial Review.--
        ``(1) In general.--A request under subsection (a) or a 
    nondisclosure requirement imposed in connection with such request 
    under subsection (c) shall be subject to judicial review under 
    section 3511 of title 18, United States Code.
        ``(2) Notice.--A request under subsection (a) shall include 
    notice of the availability of judicial review described in 
    paragraph (1).''.
    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
        (1) by redesignating subsections (e) through (m) as subsections 
    (f) through (n), respectively; and
        (2) by inserting after subsection (d) the following new 
    subsection:
    ``(e) Judicial Review.--
        ``(1) In general.--A request under subsection (a) or (b) or an 
    order under subsection (c) or a non-disclosure requirement imposed 
    in connection with such request under subsection (d) shall be 
    subject to judicial review under section 3511 of title 18, United 
    States Code.
        ``(2) Notice.--A request under subsection (a) or (b) or an 
    order under subsection (c) shall include notice of the availability 
    of judicial review described in paragraph (1).''.
    (d) Identity of Financial Institutions and Credit Reports.--Section 
627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
        (1) by redesignating subsections (d), (e), and (f) as 
    subsections (e), (f), and (g), respectively; and
        (2) by inserting after subsection (c) the following new 
    subsection:
    ``(d) Judicial Review.--
        ``(1) In general.--A request under subsection (a) or a non-
    disclosure requirement imposed in connection with such request 
    under subsection (c) shall be subject to judicial review under 
    section 3511 of title 18, United States Code.
        ``(2) Notice.--A request under subsection (a) shall include 
    notice of the availability of judicial review described in 
    paragraph (1).''.
    (e) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended--
        (1) by redesignating subsections (c) through (f) as subsections 
    (d) through (g), respectively; and
        (2) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Judicial Review.--
        ``(1) In general.--A request under subsection (a) or a 
    nondisclosure requirement imposed in connection with such request 
    under subsection (b) shall be subject to judicial review under 
    section 3511 of title 18, United States Code.
        ``(2) Notice.--A request under subsection (a) shall include 
    notice of the availability of judicial review described in 
    paragraph (1).''.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

    SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF 
      BUSINESS RECORDS; BUSINESS RECORDS COMPLIANCE REPORTS TO 
      CONGRESS.
    (a) Reports Submitted to Committees.--Section 502(b) (50 U.S.C. 
1862(b)) is amended--
        (1) by redesignating paragraphs (1), (2), and (3) as paragraphs 
    (6), (7), and (8), respectively; and
        (2) by inserting before paragraph (6) (as so redesignated) the 
    following new paragraphs:
        ``(1) a summary of all compliance reviews conducted by the 
    Government for the production of tangible things under section 501;
        ``(2) the total number of applications described in section 
    501(b)(2)(B) made for orders approving requests for the production 
    of tangible things;
        ``(3) the total number of such orders either granted, modified, 
    or denied;
        ``(4) the total number of applications described in section 
    501(b)(2)(C) made for orders approving requests for the production 
    of call detail records;
        ``(5) the total number of such orders either granted, modified, 
    or denied;''.
    (b) Reporting on Certain Types of Production.--Section 502(c)(1) 
(50 U.S.C. 1862(c)(1)) is amended--
        (1) in subparagraph (A), by striking ``and'';
        (2) in subparagraph (B), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following new subparagraphs:
        ``(C) the total number of applications made for orders 
    approving requests for the production of tangible things under 
    section 501 in which the specific selection term does not 
    specifically identify an individual, account, or personal device;
        ``(D) the total number of orders described in subparagraph (C) 
    either granted, modified, or denied; and
        ``(E) with respect to orders described in subparagraph (D) that 
    have been granted or modified, whether the court established under 
    section 103 has directed additional, particularized minimization 
    procedures beyond those adopted pursuant to section 501(g).''.
    SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT.
    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
section 402 of this Act, is further amended by adding at the end the 
following new section:
    ``SEC. 603. ANNUAL REPORTS.
    ``(a) Report by Director of the Administrative Office of the United 
States Courts.--
        ``(1) Report required.--The Director of the Administrative 
    Office of the United States Courts shall annually submit to the 
    Permanent Select Committee on Intelligence and the Committee on the 
    Judiciary of the House of Representatives and the Select Committee 
    on Intelligence and the Committee on the Judiciary of the Senate, 
    subject to a declassification review by the Attorney General and 
    the Director of National Intelligence, a report that includes--
            ``(A) the number of applications or certifications for 
        orders submitted under each of sections 105, 304, 402, 501, 
        702, 703, and 704;
            ``(B) the number of such orders granted under each of those 
        sections;
            ``(C) the number of orders modified under each of those 
        sections;
            ``(D) the number of applications or certifications denied 
        under each of those sections;
            ``(E) the number of appointments of an individual to serve 
        as amicus curiae under section 103, including the name of each 
        individual appointed to serve as amicus curiae; and
            ``(F) the number of findings issued under section 103(i) 
        that such appointment is not appropriate and the text of any 
        such findings.
        ``(2) Publication.--The Director shall make the report required 
    under paragraph (1) publicly available on an Internet Web site, 
    except that the Director shall not make publicly available on an 
    Internet Web site the findings described in subparagraph (F) of 
    paragraph (1).
    ``(b) Mandatory Reporting by Director of National Intelligence.--
Except as provided in subsection (d), the Director of National 
Intelligence shall annually make publicly available on an Internet Web 
site a report that identifies, for the preceding 12-month period--
        ``(1) the total number of orders issued pursuant to titles I 
    and III and sections 703 and 704 and a good faith estimate of the 
    number of targets of such orders;
        ``(2) the total number of orders issued pursuant to section 702 
    and a good faith estimate of--
            ``(A) the number of search terms concerning a known United 
        States person used to retrieve the unminimized contents of 
        electronic communications or wire communications obtained 
        through acquisitions authorized under such section, excluding 
        the number of search terms used to prevent the return of 
        information concerning a United States person; and
            ``(B) the number of queries concerning a known United 
        States person of unminimized noncontents information relating 
        to electronic communications or wire communications obtained 
        through acquisitions authorized under such section, excluding 
        the number of queries containing information used to prevent 
        the return of information concerning a United States person;
        ``(3) the total number of orders issued pursuant to title IV 
    and a good faith estimate of--
            ``(A) the number of targets of such orders; and
            ``(B) the number of unique identifiers used to communicate 
        information collected pursuant to such orders;
        ``(4) the total number of orders issued pursuant to 
    applications made under section 501(b)(2)(B) and a good faith 
    estimate of--
            ``(A) the number of targets of such orders; and
            ``(B) the number of unique identifiers used to communicate 
        information collected pursuant to such orders;
        ``(5) the total number of orders issued pursuant to 
    applications made under section 501(b)(2)(C) and a good faith 
    estimate of--
            ``(A) the number of targets of such orders;
            ``(B) the number of unique identifiers used to communicate 
        information collected pursuant to such orders; and
            ``(C) the number of search terms that included information 
        concerning a United States person that were used to query any 
        database of call detail records obtained through the use of 
        such orders; and
        ``(6) the total number of national security letters issued and 
    the number of requests for information contained within such 
    national security letters.
    ``(c) Timing.--The annual reports required by subsections (a) and 
(b) shall be made publicly available during April of each year and 
include information relating to the previous calendar year.
    ``(d) Exceptions.--
        ``(1) Statement of numerical range.--If a good faith estimate 
    required to be reported under subparagraph (B) of any of paragraphs 
    (3), (4), or (5) of subsection (b) is fewer than 500, it shall be 
    expressed as a numerical range of `fewer than 500' and shall not be 
    expressed as an individual number.
        ``(2) Nonapplicability to certain information.--
            ``(A) Federal bureau of investigation.--Paragraphs (2)(A), 
        (2)(B), and (5)(C) of subsection (b) shall not apply to 
        information or records held by, or queries conducted by, the 
        Federal Bureau of Investigation.
            ``(B) Electronic mail address and telephone numbers.--
        Paragraph (3)(B) of subsection (b) shall not apply to orders 
        resulting in the acquisition of information by the Federal 
        Bureau of Investigation that does not include electronic mail 
        addresses or telephone numbers.
        ``(3) Certification.--
            ``(A) In general.--If the Director of National Intelligence 
        concludes that a good faith estimate required to be reported 
        under subsection (b)(2)(B) cannot be determined accurately 
        because some but not all of the relevant elements of the 
        intelligence community are able to provide such good faith 
        estimate, the Director shall--
                ``(i) certify that conclusion in writing to the Select 
            Committee on Intelligence and the Committee on the 
            Judiciary of the Senate and the Permanent Select Committee 
            on Intelligence and the Committee on the Judiciary of the 
            House of Representatives;
                ``(ii) report the good faith estimate for those 
            relevant elements able to provide such good faith estimate;
                ``(iii) explain when it is reasonably anticipated that 
            such an estimate will be able to be determined fully and 
            accurately; and
                ``(iv) make such certification publicly available on an 
            Internet Web site.
            ``(B) Form.--A certification described in subparagraph (A) 
        shall be prepared in unclassified form, but may contain a 
        classified annex.
            ``(C) Timing.--If the Director of National Intelligence 
        continues to conclude that the good faith estimates described 
        in this paragraph cannot be determined accurately, the Director 
        shall annually submit a certification in accordance with this 
        paragraph.
    ``(e) Definitions.--In this section:
        ``(1) Contents.--The term `contents' has the meaning given that 
    term under section 2510 of title 18, United States Code.
        ``(2) Electronic communication.--The term `electronic 
    communication' has the meaning given that term under section 2510 
    of title 18, United States Code.
        ``(3) National security letter.--The term `national security 
    letter' means a request for a report, records, or other information 
    under--
            ``(A) section 2709 of title 18, United States Code;
            ``(B) section 1114(a)(5)(A) of the Right to Financial 
        Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
            ``(C) subsection (a) or (b) of section 626 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or
            ``(D) section 627(a) of the Fair Credit Reporting Act (15 
        U.S.C. 1681v(a)).
        ``(4) United states person.--The term `United States person' 
    means a citizen of the United States or an alien lawfully admitted 
    for permanent residence (as defined in section 101(a) of the 
    Immigration and Nationality Act (8 U.S.C. 1101(a))).
        ``(5) Wire communication.--The term `wire communication' has 
    the meaning given that term under section 2510 of title 18, United 
    States Code.''.
    (b) Table of Contents Amendment.--The table of contents, as amended 
by section 402 of this Act, is further amended by inserting after the 
item relating to section 602, as added by section 402 of this Act, the 
following new item:

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

    (c) Public Reporting on National Security Letters.--Section 118(c) 
of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 
U.S.C. 3511 note) is amended--
        (1) in paragraph (1)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``United States''; and
            (B) in subparagraph (A), by striking ``, excluding the 
        number of requests for subscriber information'';
        (2) by redesignating paragraph (2) as paragraph (3); and
        (3) by inserting after paragraph (1) the following:
        ``(2) Content.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        each report required under this subsection shall include a good 
        faith estimate of the total number of requests described in 
        paragraph (1) requiring disclosure of information concerning--
                ``(i) United States persons; and
                ``(ii) persons who are not United States persons.
            ``(B) Exception.--With respect to the number of requests 
        for subscriber information under section 2709 of title 18, 
        United States Code, a report required under this subsection 
        need not separate the number of requests into each of the 
        categories described in subparagraph (A).''.
    (d) Stored Communications.--Section 2702(d) of title 18, United 
States Code, is amended--
        (1) in paragraph (1), by striking ``; and'' and inserting a 
    semicolon;
        (2) in paragraph (2)(B), by striking the period and inserting 
    ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(3) the number of accounts from which the Department of 
    Justice has received voluntary disclosures under subsection 
    (c)(4).''.
    SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.
    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
sections 402 and 602 of this Act, is further amended by adding at the 
end the following new section:
    ``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.
    ``(a) Reporting.--A person subject to a nondisclosure requirement 
accompanying an order or directive under this Act or a national 
security letter may, with respect to such order, directive, or national 
security letter, publicly report the following information using one of 
the following structures:
        ``(1) A semiannual report that aggregates the number of orders, 
    directives, or national security letters with which the person was 
    required to comply into separate categories of--
            ``(A) the number of national security letters received, 
        reported in bands of 1000 starting with 0-999;
            ``(B) the number of customer selectors targeted by national 
        security letters, reported in bands of 1000 starting with 0-
        999;
            ``(C) the number of orders or directives received, 
        combined, under this Act for contents, reported in bands of 
        1000 starting with 0-999;
            ``(D) the number of customer selectors targeted under 
        orders or directives received, combined, under this Act for 
        contents reported in bands of 1000 starting with 0-999;
            ``(E) the number of orders received under this Act for 
        noncontents, reported in bands of 1000 starting with 0-999; and
            ``(F) the number of customer selectors targeted under 
        orders under this Act for noncontents, reported in bands of 
        1000 starting with 0-999, pursuant to--
                ``(i) title IV;
                ``(ii) title V with respect to applications described 
            in section 501(b)(2)(B); and
                ``(iii) title V with respect to applications described 
            in section 501(b)(2)(C).
        ``(2) A semiannual report that aggregates the number of orders, 
    directives, or national security letters with which the person was 
    required to comply into separate categories of--
            ``(A) the number of national security letters received, 
        reported in bands of 500 starting with 0-499;
            ``(B) the number of customer selectors targeted by national 
        security letters, reported in bands of 500 starting with 0-499;
            ``(C) the number of orders or directives received, 
        combined, under this Act for contents, reported in bands of 500 
        starting with 0-499;
            ``(D) the number of customer selectors targeted under 
        orders or directives received, combined, under this Act for 
        contents, reported in bands of 500 starting with 0-499;
            ``(E) the number of orders received under this Act for 
        noncontents, reported in bands of 500 starting with 0-499; and
            ``(F) the number of customer selectors targeted under 
        orders received under this Act for noncontents, reported in 
        bands of 500 starting with 0-499.
        ``(3) A semiannual report that aggregates the number of orders, 
    directives, or national security letters with which the person was 
    required to comply in the into separate categories of--
            ``(A) the total number of all national security process 
        received, including all national security letters, and orders 
        or directives under this Act, combined, reported in bands of 
        250 starting with 0-249; and
            ``(B) the total number of customer selectors targeted under 
        all national security process received, including all national 
        security letters, and orders or directives under this Act, 
        combined, reported in bands of 250 starting with 0-249.
        ``(4) An annual report that aggregates the number of orders, 
    directives, and national security letters the person was required 
    to comply with into separate categories of--
            ``(A) the total number of all national security process 
        received, including all national security letters, and orders 
        or directives under this Act, combined, reported in bands of 
        100 starting with 0-99; and
            ``(B) the total number of customer selectors targeted under 
        all national security process received, including all national 
        security letters, and orders or directives under this Act, 
        combined, reported in bands of 100 starting with 0-99.
    ``(b) Period of Time Covered by Reports.--
        ``(1) A report described in paragraph (1) or (2) of subsection 
    (a) shall include only information--
            ``(A) relating to national security letters for the 
        previous 180 days; and
            ``(B) relating to authorities under this Act for the 180-
        day period of time ending on the date that is not less than 180 
        days prior to the date of the publication of such report, 
        except that with respect to a platform, product, or service for 
        which a person did not previously receive an order or directive 
        (not including an enhancement to or iteration of an existing 
        publicly available platform, product, or service) such report 
        shall not include any information relating to such new order or 
        directive until 540 days after the date on which such new order 
        or directive is received.
        ``(2) A report described in paragraph (3) of subsection (a) 
    shall include only information relating to the previous 180 days.
        ``(3) A report described in paragraph (4) of subsection (a) 
    shall include only information for the 1-year period of time ending 
    on the date that is not less than 1 year prior to the date of the 
    publication of such report.
    ``(c) Other Forms of Agreed to Publication.--Nothing in this 
section prohibits the Government and any person from jointly agreeing 
to the publication of information referred to in this subsection in a 
time, form, or manner other than as described in this section.
    ``(d) Definitions.--In this section:
        ``(1) Contents.--The term `contents' has the meaning given that 
    term under section 2510 of title 18, United States Code.
        ``(2) National security letter.--The term `national security 
    letter' has the meaning given that term under section 603.''.
    (b) Table of Contents Amendment.--The table of contents, as amended 
by sections 402 and 602 of this Act, is further amended by inserting 
after the item relating to section 603, as added by section 602 of this 
Act, the following new item:

``Sec. 604. Public reporting by persons subject to orders.''.
    SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND 
      OPINIONS OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND THE 
      FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.
    Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as 
follows:
        ``(1) not later than 45 days after the date on which the 
    Foreign Intelligence Surveillance Court or the Foreign Intelligence 
    Surveillance Court of Review issues a decision, order, or opinion, 
    including any denial or modification of an application under this 
    Act, that includes significant construction or interpretation of 
    any provision of law or results in a change of application of any 
    provision of this Act or a novel application of any provision of 
    this Act, a copy of such decision, order, or opinion and any 
    pleadings, applications, or memoranda of law associated with such 
    decision, order, or opinion; and''.
    SEC. 605. SUBMISSION OF REPORTS UNDER FISA.
    (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 
1808(a)(1)) is amended by striking ``the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence, and the Committee on the Judiciary of the Senate,'' and 
inserting ``the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate''.
    (b) Physical Searches.--The matter preceding paragraph (1) of 
section 306 (50 U.S.C. 1826) is amended--
        (1) in the first sentence, by striking ``Permanent Select 
    Committee on Intelligence of the House of Representatives and the 
    Select Committee on Intelligence of the Senate, and the Committee 
    on the Judiciary of the Senate,'' and inserting ``Permanent Select 
    Committee on Intelligence and the Committee on the Judiciary of the 
    House of Representatives and the Select Committee on Intelligence 
    and the Committee on the Judiciary of the Senate''; and
        (2) in the second sentence, by striking ``and the Committee on 
    the Judiciary of the House of Representatives''.
    (c) Pen Registers and Trap and Trace Devices.--Section 406(b) (50 
U.S.C. 1846(b)) is amended--
        (1) in paragraph (2), by striking ``; and'' and inserting a 
    semicolon;
        (2) in paragraph (3), by striking the period and inserting a 
    semicolon; and
        (3) by adding at the end the following new paragraphs:
        ``(4) each department or agency on behalf of which the Attorney 
    General or a designated attorney for the Government has made an 
    application for an order authorizing or approving the installation 
    and use of a pen register or trap and trace device under this 
    title; and
        ``(5) for each department or agency described in paragraph (4), 
    each number described in paragraphs (1), (2), and (3).''.
    (d) Access to Certain Business Records and Other Tangible Things.--
Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate'' and inserting ``Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate''.

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

    SEC. 701. EMERGENCIES INVOLVING NON-UNITED STATES PERSONS.
    (a) In General.--Section 105 (50 U.S.C. 1805) is amended--
        (1) by redesignating subsections (f), (g), (h), and (i) as 
    subsections (g), (h), (i), and (j), respectively; and
        (2) by inserting after subsection (e) the following:
    ``(f)(1) Notwithstanding any other provision of this Act, the 
lawfully authorized targeting of a non-United States person previously 
believed to be located outside the United States for the acquisition of 
foreign intelligence information may continue for a period not to 
exceed 72 hours from the time that the non-United States person is 
reasonably believed to be located inside the United States and the 
acquisition is subject to this title or to title III of this Act, 
provided that the head of an element of the intelligence community--
        ``(A) reasonably determines that a lapse in the targeting of 
    such non-United States person poses a threat of death or serious 
    bodily harm to any person;
        ``(B) promptly notifies the Attorney General of a determination 
    under subparagraph (A); and
        ``(C) requests, as soon as practicable, the employment of 
    emergency electronic surveillance under subsection (e) or the 
    employment of an emergency physical search pursuant to section 
    304(e), as warranted.
    ``(2) The authority under this subsection to continue the 
acquisition of foreign intelligence information is limited to a period 
not to exceed 72 hours and shall cease upon the earlier of the 
following:
        ``(A) The employment of emergency electronic surveillance under 
    subsection (e) or the employment of an emergency physical search 
    pursuant to section 304(e).
        ``(B) An issuance of a court order under this title or title 
    III of this Act.
        ``(C) The Attorney General provides direction that the 
    acquisition be terminated.
        ``(D) The head of the element of the intelligence community 
    conducting the acquisition determines that a request under 
    paragraph (1)(C) is not warranted.
        ``(E) When the threat of death or serious bodily harm to any 
    person is no longer reasonably believed to exist.
    ``(3) Nonpublicly available information concerning unconsenting 
United States persons acquired under this subsection shall not be 
disseminated during the 72 hour time period under paragraph (1) unless 
necessary to investigate, reduce, or eliminate the threat of death or 
serious bodily harm to any person.
    ``(4) If the Attorney General declines to authorize the employment 
of emergency electronic surveillance under subsection (e) or the 
employment of an emergency physical search pursuant to section 304(e), 
or a court order is not obtained under this title or title III of this 
Act, information obtained during the 72 hour acquisition time period 
under paragraph (1) shall not be retained, except with the approval of 
the Attorney General if the information indicates a threat of death or 
serious bodily harm to any person.
    ``(5) Paragraphs (5) and (6) of subsection (e) shall apply to this 
subsection.''.
    (b) Notification of Emergency Employment of Electronic 
Surveillance.--Section 106(j) (50 U.S.C. 1806(j)) is amended by 
striking ``section 105(e)'' and inserting ``subsection (e) or (f) of 
section 105''.
    (c) Report to Congress.--Section 108(a)(2) (50 U.S.C. 1808(a)(2)) 
is amended--
        (1) in subparagraph (B), by striking ``and'' at the end;
        (2) in subparagraph (C), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(D) the total number of authorizations under section 
        105(f) and the total number of subsequent emergency employments 
        of electronic surveillance under section 105(e) or emergency 
        physical searches pursuant to section 301(e).''.
    SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED STATES PERSONS 
      TRAVELING OUTSIDE THE UNITED STATES AS AGENTS OF FOREIGN POWERS.
    Section 101(b)(1) is amended--
        (1) in subparagraph (A), by inserting before the semicolon at 
    the end the following: ``, irrespective of whether the person is 
    inside the United States''; and
        (2) in subparagraph (B)--
            (A) by striking ``of such person's presence in the United 
        States''; and
            (B) by striking ``such activities in the United States'' 
        and inserting ``such activities''.
    SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTERNATIONAL 
      PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.
    Section 101(b)(1) is further amended by striking subparagraph (E) 
and inserting the following new subparagraph (E):
            ``(E) engages in the international proliferation of weapons 
        of mass destruction, or activities in preparation therefor, for 
        or on behalf of a foreign power, or knowingly aids or abets any 
        person in the conduct of such proliferation or activities in 
        preparation therefor, or knowingly conspires with any person to 
        engage in such proliferation or activities in preparation 
        therefor; or''.
    SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUPPORT OF FOREIGN 
      TERRORIST ORGANIZATIONS.
    Section 2339B(a)(1) of title 18, United States Code, is amended by 
striking ``15 years'' and inserting ``20 years''.
    SEC. 705. SUNSETS.
    (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``June 1, 
2015'' and inserting ``December 15, 2019''.
    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, 
2015'' and inserting ``December 15, 2019''.
    (c) Conforming Amendment.--Section 102(b)(1) of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note), as 
amended by subsection (a), is further amended by striking ``sections 
501, 502, and'' and inserting ``title V and section''.

    TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM 
                       CONVENTIONS IMPLEMENTATION
               Subtitle A--Safety of Maritime Navigation

    SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED STATES 
      CODE.
    Section 2280 of title 18, United States Code, is amended--
        (1) in subsection (b)--
            (A) in paragraph (1)(A)(i), by striking ``a ship flying the 
        flag of the United States'' and inserting ``a vessel of the 
        United States or a vessel subject to the jurisdiction of the 
        United States (as defined in section 70502 of title 46)'';
            (B) in paragraph (1)(A)(ii), by inserting ``, including the 
        territorial seas'' after ``in the United States''; and
            (C) in paragraph (1)(A)(iii), by inserting ``, by a United 
        States corporation or legal entity,'' after ``by a national of 
        the United States'';
        (2) in subsection (c), by striking ``section 2(c)'' and 
    inserting ``section 13(c)'';
        (3) by striking subsection (d);
        (4) by striking subsection (e) and inserting after subsection 
    (c) the following:
    ``(d) Definitions.--As used in this section, section 2280a, section 
2281, and section 2281a, the term--
        ``(1) `applicable treaty' means--
            ``(A) the Convention for the Suppression of Unlawful 
        Seizure of Aircraft, done at The Hague on 16 December 1970;
            ``(B) the Convention for the Suppression of Unlawful Acts 
        against the Safety of Civil Aviation, done at Montreal on 23 
        September 1971;
            ``(C) the Convention on the Prevention and Punishment of 
        Crimes against Internationally Protected Persons, including 
        Diplomatic Agents, adopted by the General Assembly of the 
        United Nations on 14 December 1973;
            ``(D) International Convention against the Taking of 
        Hostages, adopted by the General Assembly of the United Nations 
        on 17 December 1979;
            ``(E) the Convention on the Physical Protection of Nuclear 
        Material, done at Vienna on 26 October 1979;
            ``(F) the Protocol for the Suppression of Unlawful Acts of 
        Violence at Airports Serving International Civil Aviation, 
        supplementary to the Convention for the Suppression of Unlawful 
        Acts against the Safety of Civil Aviation, done at Montreal on 
        24 February 1988;
            ``(G) the Protocol for the Suppression of Unlawful Acts 
        against the Safety of Fixed Platforms Located on the 
        Continental Shelf, done at Rome on 10 March 1988;
            ``(H) International Convention for the Suppression of 
        Terrorist Bombings, adopted by the General Assembly of the 
        United Nations on 15 December 1997; and
            ``(I) International Convention for the Suppression of the 
        Financing of Terrorism, adopted by the General Assembly of the 
        United Nations on 9 December 1999;
        ``(2) `armed conflict' does not include internal disturbances 
    and tensions, such as riots, isolated and sporadic acts of 
    violence, and other acts of a similar nature;
        ``(3) `biological weapon' means--
            ``(A) microbial or other biological agents, or toxins 
        whatever their origin or method of production, of types and in 
        quantities that have no justification for prophylactic, 
        protective, or other peaceful purposes; or
            ``(B) weapons, equipment, or means of delivery designed to 
        use such agents or toxins for hostile purposes or in armed 
        conflict;
        ``(4) `chemical weapon' means, together or separately--
            ``(A) toxic chemicals and their precursors, except where 
        intended for--
                ``(i) industrial, agricultural, research, medical, 
            pharmaceutical, or other peaceful purposes;
                ``(ii) protective purposes, namely those purposes 
            directly related to protection against toxic chemicals and 
            to protection against chemical weapons;
                ``(iii) military purposes not connected with the use of 
            chemical weapons and not dependent on the use of the toxic 
            properties of chemicals as a method of warfare; or
                ``(iv) law enforcement including domestic riot control 
            purposes,
        as long as the types and quantities are consistent with such 
        purposes;
            ``(B) munitions and devices, specifically designed to cause 
        death or other harm through the toxic properties of those toxic 
        chemicals specified in subparagraph (A), which would be 
        released as a result of the employment of such munitions and 
        devices; and
            ``(C) any equipment specifically designed for use directly 
        in connection with the employment of munitions and devices 
        specified in subparagraph (B);
        ``(5) `covered ship' means a ship that is navigating or is 
    scheduled to navigate into, through or from waters beyond the outer 
    limit of the territorial sea of a single country or a lateral limit 
    of that country's territorial sea with an adjacent country;
        ``(6) `explosive material' has the meaning given the term in 
    section 841(c) and includes explosive as defined in section 844(j) 
    of this title;
        ``(7) `infrastructure facility' has the meaning given the term 
    in section 2332f(e)(5) of this title;
        ``(8) `international organization' has the meaning given the 
    term in section 831(f)(3) of this title;
        ``(9) `military forces of a state' means the armed forces of a 
    state which are organized, trained, and equipped under its internal 
    law for the primary purpose of national defense or security, and 
    persons acting in support of those armed forces who are under their 
    formal command, control, and responsibility;
        ``(10) `national of the United States' has the meaning stated 
    in section 101(a)(22) of the Immigration and Nationality Act (8 
    U.S.C. 1101(a)(22));
        ``(11) `Non-Proliferation Treaty' means the Treaty on the Non-
    Proliferation of Nuclear Weapons, done at Washington, London, and 
    Moscow on 1 July 1968;
        ``(12) `Non-Proliferation Treaty State Party' means any State 
    Party to the Non-Proliferation Treaty, to include Taiwan, which 
    shall be considered to have the obligations under the Non-
    Proliferation Treaty of a party to that treaty other than a Nuclear 
    Weapon State Party to the Non-Proliferation Treaty;
        ``(13) `Nuclear Weapon State Party to the Non-Proliferation 
    Treaty' means a State Party to the Non-Proliferation Treaty that is 
    a nuclear-weapon State, as that term is defined in Article IX(3) of 
    the Non-Proliferation Treaty;
        ``(14) `place of public use' has the meaning given the term in 
    section 2332f(e)(6) of this title;
        ``(15) `precursor' has the meaning given the term in section 
    229F(6)(A) of this title;
        ``(16) `public transport system' has the meaning given the term 
    in section 2332f(e)(7) of this title;
        ``(17) `serious injury or damage' means--
            ``(A) serious bodily injury,
            ``(B) extensive destruction of a place of public use, State 
        or government facility, infrastructure facility, or public 
        transportation system, resulting in major economic loss, or
            ``(C) substantial damage to the environment, including air, 
        soil, water, fauna, or flora;
        ``(18) `ship' means a vessel of any type whatsoever not 
    permanently attached to the sea-bed, including dynamically 
    supported craft, submersibles, or any other floating craft, but 
    does not include a warship, a ship owned or operated by a 
    government when being used as a naval auxiliary or for customs or 
    police purposes, or a ship which has been withdrawn from navigation 
    or laid up;
        ``(19) `source material' has the meaning given that term in the 
    International Atomic Energy Agency Statute, done at New York on 26 
    October 1956;
        ``(20) `special fissionable material' has the meaning given 
    that term in the International Atomic Energy Agency Statute, done 
    at New York on 26 October 1956;
        ``(21) `territorial sea of the United States' means all waters 
    extending seaward to 12 nautical miles from the baselines of the 
    United States determined in accordance with international law;
        ``(22) `toxic chemical' has the meaning given the term in 
    section 229F(8)(A) of this title;
        ``(23) `transport' means to initiate, arrange or exercise 
    effective control, including decisionmaking authority, over the 
    movement of a person or item; and
        ``(24) `United States', when used in a geographical sense, 
    includes the Commonwealth of Puerto Rico, the Commonwealth of the 
    Northern Mariana Islands, and all territories and possessions of 
    the United States.''; and
        (5) by inserting after subsection (d) (as added by paragraph 
    (4) of this section) the following:
    ``(e) Exceptions.--This section shall not apply to--
        ``(1) the activities of armed forces during an armed conflict, 
    as those terms are understood under the law of war, which are 
    governed by that law; or
        ``(2) activities undertaken by military forces of a state in 
    the exercise of their official duties.
    ``(f) Delivery of Suspected Offender.--The master of a covered ship 
flying the flag of the United States who has reasonable grounds to 
believe that there is on board that ship any person who has committed 
an offense under section 2280 or section 2280a may deliver such person 
to the authorities of a country that is a party to the Convention for 
the Suppression of Unlawful Acts against the Safety of Maritime 
Navigation. Before delivering such person to the authorities of another 
country, the master shall notify in an appropriate manner the Attorney 
General of the United States of the alleged offense and await 
instructions from the Attorney General as to what action to take. When 
delivering the person to a country which is a state party to the 
Convention, the master shall, whenever practicable, and if possible 
before entering the territorial sea of such country, notify the 
authorities of such country of the master's intention to deliver such 
person and the reasons therefor. If the master delivers such person, 
the master shall furnish to the authorities of such country the 
evidence in the master's possession that pertains to the alleged 
offense.
    ``(g)(1) Civil Forfeiture.--Any real or personal property used or 
intended to be used to commit or to facilitate the commission of a 
violation of this section, the gross proceeds of such violation, and 
any real or personal property traceable to such property or proceeds, 
shall be subject to forfeiture.
    ``(2) Applicable Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of title 18, 
United States Code, relating to civil forfeitures, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in section 981(d) shall be performed by such 
officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Attorney General, or 
the Secretary of Defense.''.
    SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES CODE.
    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding after section 2280 the following new section:
``Sec. 2280a. Violence against maritime navigation and maritime 
     transport involving weapons of mass destruction
    ``(a) Offenses.--
        ``(1) In general.--Subject to the exceptions in subsection (c), 
    a person who unlawfully and intentionally--
            ``(A) when the purpose of the act, by its nature or 
        context, is to intimidate a population, or to compel a 
        government or an international organization to do or to abstain 
        from doing any act--
                ``(i) uses against or on a ship or discharges from a 
            ship any explosive or radioactive material, biological, 
            chemical, or nuclear weapon or other nuclear explosive 
            device in a manner that causes or is likely to cause death 
            to any person or serious injury or damage;
                ``(ii) discharges from a ship oil, liquefied natural 
            gas, or another hazardous or noxious substance that is not 
            covered by clause (i), in such quantity or concentration 
            that causes or is likely to cause death to any person or 
            serious injury or damage; or
                ``(iii) uses a ship in a manner that causes death to 
            any person or serious injury or damage;
            ``(B) transports on board a ship--
                ``(i) any explosive or radioactive material, knowing 
            that it is intended to be used to cause, or in a threat to 
            cause, death to any person or serious injury or damage for 
            the purpose of intimidating a population, or compelling a 
            government or an international organization to do or to 
            abstain from doing any act;
                ``(ii) any biological, chemical, or nuclear weapon or 
            other nuclear explosive device, knowing it to be a 
            biological, chemical, or nuclear weapon or other nuclear 
            explosive device;
                ``(iii) any source material, special fissionable 
            material, or equipment or material especially designed or 
            prepared for the processing, use, or production of special 
            fissionable material, knowing that it is intended to be 
            used in a nuclear explosive activity or in any other 
            nuclear activity not under safeguards pursuant to an 
            International Atomic Energy Agency comprehensive safeguards 
            agreement, except where--

                    ``(I) such item is transported to or from the 
                territory of, or otherwise under the control of, a Non-
                Proliferation Treaty State Party; and
                    ``(II) the resulting transfer or receipt (including 
                internal to a country) is not contrary to the 
                obligations under the Non-Proliferation Treaty of the 
                Non-Proliferation Treaty State Party from which, to the 
                territory of which, or otherwise under the control of 
                which such item is transferred;

                ``(iv) any equipment, materials, or software or related 
            technology that significantly contributes to the design or 
            manufacture of a nuclear weapon or other nuclear explosive 
            device, with the intention that it will be used for such 
            purpose, except where--

                    ``(I) the country to the territory of which or 
                under the control of which such item is transferred is 
                a Nuclear Weapon State Party to the Non-Proliferation 
                Treaty; and
                    ``(II) the resulting transfer or receipt (including 
                internal to a country) is not contrary to the 
                obligations under the Non-Proliferation Treaty of a 
                Non-Proliferation Treaty State Party from which, to the 
                territory of which, or otherwise under the control of 
                which such item is transferred;

                ``(v) any equipment, materials, or software or related 
            technology that significantly contributes to the delivery 
            of a nuclear weapon or other nuclear explosive device, with 
            the intention that it will be used for such purpose, except 
            where--

                    ``(I) such item is transported to or from the 
                territory of, or otherwise under the control of, a Non-
                Proliferation Treaty State Party; and
                    ``(II) such item is intended for the delivery 
                system of a nuclear weapon or other nuclear explosive 
                device of a Nuclear Weapon State Party to the Non-
                Proliferation Treaty; or

                ``(vi) any equipment, materials, or software or related 
            technology that significantly contributes to the design, 
            manufacture, or delivery of a biological or chemical 
            weapon, with the intention that it will be used for such 
            purpose;
            ``(C) transports another person on board a ship knowing 
        that the person has committed an act that constitutes an 
        offense under section 2280 or subparagraph (A), (B), (D), or 
        (E) of this section or an offense set forth in an applicable 
        treaty, as specified in section 2280(d)(1), and intending to 
        assist that person to evade criminal prosecution;
            ``(D) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in subparagraphs (A) through (C), or subsection 
        (a)(2), to the extent that the subsection (a)(2) offense 
        pertains to subparagraph (A); or
            ``(E) attempts to do any act prohibited under subparagraph 
        (A), (B) or (D), or conspires to do any act prohibited by 
        subparagraphs (A) through (E) or subsection (a)(2),
    shall be fined under this title, imprisoned not more than 20 years, 
    or both; and if the death of any person results from conduct 
    prohibited by this paragraph, shall be imprisoned for any term of 
    years or for life.
        ``(2) Threats.--A person who threatens, with apparent 
    determination and will to carry the threat into execution, to do 
    any act prohibited under paragraph (1)(A) shall be fined under this 
    title, imprisoned not more than 5 years, or both.
    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
        ``(1) in the case of a covered ship, if--
            ``(A) such activity is committed--
                ``(i) against or on board a vessel of the United States 
            or a vessel subject to the jurisdiction of the United 
            States (as defined in section 70502 of title 46) at the 
            time the prohibited activity is committed;
                ``(ii) in the United States, including the territorial 
            seas; or
                ``(iii) by a national of the United States, by a United 
            States corporation or legal entity, or by a stateless 
            person whose habitual residence is in the United States;
            ``(B) during the commission of such activity, a national of 
        the United States is seized, threatened, injured, or killed; or
            ``(C) the offender is later found in the United States 
        after such activity is committed;
        ``(2) in the case of a ship navigating or scheduled to navigate 
    solely within the territorial sea or internal waters of a country 
    other than the United States, if the offender is later found in the 
    United States after such activity is committed; or
        ``(3) in the case of any vessel, if such activity is committed 
    in an attempt to compel the United States to do or abstain from 
    doing any act.
    ``(c) Exceptions.--This section shall not apply to--
        ``(1) the activities of armed forces during an armed conflict, 
    as those terms are understood under the law of war, which are 
    governed by that law; or
        ``(2) activities undertaken by military forces of a state in 
    the exercise of their official duties.
    ``(d)(1) Civil Forfeiture.--Any real or personal property used or 
intended to be used to commit or to facilitate the commission of a 
violation of this section, the gross proceeds of such violation, and 
any real or personal property traceable to such property or proceeds, 
shall be subject to forfeiture.
    ``(2) Applicable Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of title 18, 
United States Code, relating to civil forfeitures, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in section 981(d) shall be performed by such 
officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Attorney General, or 
the Secretary of Defense.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 111 of title 18, United States Code, is amended by adding 
after the item relating to section 2280 the following new item:

``2280a. Violence against maritime navigation and maritime transport 
          involving weapons of mass destruction.''.
    SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED STATES 
      CODE.
    Section 2281 of title 18, United States Code, is amended--
        (1) in subsection (c), by striking ``section 2(c)'' and 
    inserting ``section 13(c)'';
        (2) in subsection (d), by striking the definitions of 
    ``national of the United States,'' ``territorial sea of the United 
    States,'' and ``United States''; and
        (3) by inserting after subsection (d) the following:
    ``(e) Exceptions.--This section does not apply to--
        ``(1) the activities of armed forces during an armed conflict, 
    as those terms are understood under the law of war, which are 
    governed by that law; or
        ``(2) activities undertaken by military forces of a state in 
    the exercise of their official duties.''.
    SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE.
    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding after section 2281 the following new section:
``Sec. 2281a. Additional offenses against maritime fixed platforms
    ``(a) Offenses.--
        ``(1) In general.--A person who unlawfully and intentionally--
            ``(A) when the purpose of the act, by its nature or 
        context, is to intimidate a population, or to compel a 
        government or an international organization to do or to abstain 
        from doing any act--
                ``(i) uses against or on a fixed platform or discharges 
            from a fixed platform any explosive or radioactive 
            material, biological, chemical, or nuclear weapon in a 
            manner that causes or is likely to cause death or serious 
            injury or damage; or
                ``(ii) discharges from a fixed platform oil, liquefied 
            natural gas, or another hazardous or noxious substance that 
            is not covered by clause (i), in such quantity or 
            concentration that causes or is likely to cause death or 
            serious injury or damage;
            ``(B) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in subparagraph (A); or
            ``(C) attempts or conspires to do anything prohibited under 
        subparagraph (A) or (B),
    shall be fined under this title, imprisoned not more than 20 years, 
    or both; and if death results to any person from conduct prohibited 
    by this paragraph, shall be imprisoned for any term of years or for 
    life.
        ``(2) Threat to safety.--A person who threatens, with apparent 
    determination and will to carry the threat into execution, to do 
    any act prohibited under paragraph (1)(A), shall be fined under 
    this title, imprisoned not more than 5 years, or both.
    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
        ``(1) such activity is committed against or on board a fixed 
    platform--
            ``(A) that is located on the continental shelf of the 
        United States;
            ``(B) that is located on the continental shelf of another 
        country, by a national of the United States or by a stateless 
        person whose habitual residence is in the United States; or
            ``(C) in an attempt to compel the United States to do or 
        abstain from doing any act;
        ``(2) during the commission of such activity against or on 
    board a fixed platform located on a continental shelf, a national 
    of the United States is seized, threatened, injured, or killed; or
        ``(3) such activity is committed against or on board a fixed 
    platform located outside the United States and beyond the 
    continental shelf of the United States and the offender is later 
    found in the United States.
    ``(c) Exceptions.--This section does not apply to--
        ``(1) the activities of armed forces during an armed conflict, 
    as those terms are understood under the law of war, which are 
    governed by that law; or
        ``(2) activities undertaken by military forces of a state in 
    the exercise of their official duties.
    ``(d) Definitions.--In this section--
        ``(1) `continental shelf' means the sea-bed and subsoil of the 
    submarine areas that extend beyond a country's territorial sea to 
    the limits provided by customary international law as reflected in 
    Article 76 of the 1982 Convention on the Law of the Sea; and
        ``(2) `fixed platform' means an artificial island, 
    installation, or structure permanently attached to the sea-bed for 
    the purpose of exploration or exploitation of resources or for 
    other economic purposes.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 111 of title 18, United States Code, is amended by adding 
after the item relating to section 2281 the following new item:

``2281a. Additional offenses against maritime fixed platforms.''.
    SEC. 805. ANCILLARY MEASURE.
    Section 2332b(g)(5)(B) of title 18, United States Code, is amended 
by inserting ``2280a (relating to maritime safety),'' before ``2281'', 
and by striking ``2281'' and inserting ``2281 through 2281a''.

              Subtitle B--Prevention of Nuclear Terrorism

    SEC. 811. NEW SECTION 2332I OF TITLE 18, UNITED STATES CODE.
    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding after section 2332h the following:
``Sec. 2332i. Acts of nuclear terrorism
    ``(a) Offenses.--
        ``(1) In general.--Whoever knowingly and unlawfully--
            ``(A) possesses radioactive material or makes or possesses 
        a device--
                ``(i) with the intent to cause death or serious bodily 
            injury; or
                ``(ii) with the intent to cause substantial damage to 
            property or the environment; or
            ``(B) uses in any way radioactive material or a device, or 
        uses or damages or interferes with the operation of a nuclear 
        facility in a manner that causes the release of or increases 
        the risk of the release of radioactive material, or causes 
        radioactive contamination or exposure to radiation--
                ``(i) with the intent to cause death or serious bodily 
            injury or with the knowledge that such act is likely to 
            cause death or serious bodily injury;
                ``(ii) with the intent to cause substantial damage to 
            property or the environment or with the knowledge that such 
            act is likely to cause substantial damage to property or 
            the environment; or
                ``(iii) with the intent to compel a person, an 
            international organization or a country to do or refrain 
            from doing an act,
        shall be punished as prescribed in subsection (c).
        ``(2) Threats.--Whoever, under circumstances in which the 
    threat may reasonably be believed, threatens to commit an offense 
    under paragraph (1) shall be punished as prescribed in subsection 
    (c). Whoever demands possession of or access to radioactive 
    material, a device or a nuclear facility by threat or by use of 
    force shall be punished as prescribed in subsection (c).
        ``(3) Attempts and conspiracies.--Whoever attempts to commit an 
    offense under paragraph (1) or conspires to commit an offense under 
    paragraph (1) or (2) shall be punished as prescribed in subsection 
    (c).
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
        ``(1) the prohibited conduct takes place in the United States 
    or the special aircraft jurisdiction of the United States;
        ``(2) the prohibited conduct takes place outside of the United 
    States and--
            ``(A) is committed by a national of the United States, a 
        United States corporation or legal entity or a stateless person 
        whose habitual residence is in the United States;
            ``(B) is committed on board a vessel of the United States 
        or a vessel subject to the jurisdiction of the United States 
        (as defined in section 70502 of title 46) or on board an 
        aircraft that is registered under United States law, at the 
        time the offense is committed; or
            ``(C) is committed in an attempt to compel the United 
        States to do or abstain from doing any act, or constitutes a 
        threat directed at the United States;
        ``(3) the prohibited conduct takes place outside of the United 
    States and a victim or an intended victim is a national of the 
    United States or a United States corporation or legal entity, or 
    the offense is committed against any state or government facility 
    of the United States; or
        ``(4) a perpetrator of the prohibited conduct is found in the 
    United States.
    ``(c) Penalties.--Whoever violates this section shall be fined not 
more than $2,000,000 and shall be imprisoned for any term of years or 
for life.
    ``(d) Nonapplicability.--This section does not apply to--
        ``(1) the activities of armed forces during an armed conflict, 
    as those terms are understood under the law of war, which are 
    governed by that law; or
        ``(2) activities undertaken by military forces of a state in 
    the exercise of their official duties.
    ``(e) Definitions.--As used in this section, the term--
        ``(1) `armed conflict' has the meaning given that term in 
    section 2332f(e)(11) of this title;
        ``(2) `device' means:
            ``(A) any nuclear explosive device; or
            ``(B) any radioactive material dispersal or radiation-
        emitting device that may, owing to its radiological properties, 
        cause death, serious bodily injury or substantial damage to 
        property or the environment;
        ``(3) `international organization' has the meaning given that 
    term in section 831(f)(3) of this title;
        ``(4) `military forces of a state' means the armed forces of a 
    country that are organized, trained and equipped under its internal 
    law for the primary purpose of national defense or security and 
    persons acting in support of those armed forces who are under their 
    formal command, control and responsibility;
        ``(5) `national of the United States' has the meaning given 
    that term in section 101(a)(22) of the Immigration and Nationality 
    Act (8 U.S.C. 1101(a)(22));
        ``(6) `nuclear facility' means:
            ``(A) any nuclear reactor, including reactors on vessels, 
        vehicles, aircraft or space objects for use as an energy source 
        in order to propel such vessels, vehicles, aircraft or space 
        objects or for any other purpose;
            ``(B) any plant or conveyance being used for the 
        production, storage, processing or transport of radioactive 
        material; or
            ``(C) a facility (including associated buildings and 
        equipment) in which nuclear material is produced, processed, 
        used, handled, stored or disposed of, if damage to or 
        interference with such facility could lead to the release of 
        significant amounts of radiation or radioactive material;
        ``(7) `nuclear material' has the meaning given that term in 
    section 831(f)(1) of this title;
        ``(8) `radioactive material' means nuclear material and other 
    radioactive substances that contain nuclides that undergo 
    spontaneous disintegration (a process accompanied by emission of 
    one or more types of ionizing radiation, such as alpha-, beta-, 
    neutron particles and gamma rays) and that may, owing to their 
    radiological or fissile properties, cause death, serious bodily 
    injury or substantial damage to property or to the environment;
        ``(9) `serious bodily injury' has the meaning given that term 
    in section 831(f)(4) of this title;
        ``(10) `state' has the same meaning as that term has under 
    international law, and includes all political subdivisions thereof;
        ``(11) `state or government facility' has the meaning given 
    that term in section 2332f(e)(3) of this title;
        ``(12) `United States corporation or legal entity' means any 
    corporation or other entity organized under the laws of the United 
    States or any State, Commonwealth, territory, possession or 
    district of the United States;
        ``(13) `vessel' has the meaning given that term in section 
    1502(19) of title 33; and
        ``(14) `vessel of the United States' has the meaning given that 
    term in section 70502 of title 46.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by inserting 
after the item relating to section 2332h the following:

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

    (c) Disclaimer.--Nothing contained in this section is intended to 
affect the applicability of any other Federal or State law that might 
pertain to the underlying conduct.
    (d) Inclusion in Definition of Federal Crimes of Terrorism.--
Section 2332b(g)(5)(B) of title 18, United States Code, is amended by 
inserting ``2332i (relating to acts of nuclear terrorism),'' before 
``2339 (relating to harboring terrorists)''.
    SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED STATES CODE.
    Section 831 of title 18, United States Code, is amended--
     (a) in subsection (a)--
        (1) by redesignating paragraphs (3) through (8) as paragraphs 
    (4) through (9);
        (2) by inserting after paragraph (2) the following:
        ``(3) without lawful authority, intentionally carries, sends or 
    moves nuclear material into or out of a country;'';
        (3) in paragraph (8), as redesignated, by striking ``an offense 
    under paragraph (1), (2), (3), or (4)'' and inserting ``any act 
    prohibited under paragraphs (1) through (5)''; and
        (4) in paragraph (9), as redesignated, by striking ``an offense 
    under paragraph (1), (2), (3), or (4)'' and inserting ``any act 
    prohibited under paragraphs (1) through (7)'';
    (b) in subsection (b)--
        (1) in paragraph (1), by striking ``(7)'' and inserting 
    ``(8)''; and
        (2) in paragraph (2), by striking ``(8)'' and inserting 
    ``(9)'';
    (c) in subsection (c)--
        (1) in subparagraph (2)(A), by adding after ``United States'' 
    the following: ``or a stateless person whose habitual residence is 
    in the United States'';
        (2) by striking paragraph (5);
        (3) in paragraph (4), by striking ``or'' at the end; and
        (4) by inserting after paragraph (4), the following:
        ``(5) the offense is committed on board a vessel of the United 
    States or a vessel subject to the jurisdiction of the United States 
    (as defined in section 70502 of title 46) or on board an aircraft 
    that is registered under United States law, at the time the offense 
    is committed;
        ``(6) the offense is committed outside the United States and 
    against any state or government facility of the United States; or
        ``(7) the offense is committed in an attempt to compel the 
    United States to do or abstain from doing any act, or constitutes a 
    threat directed at the United States.'';
    (d) by redesignating subsections (d) through (f) as (e) through 
(g), respectively;
    (e) by inserting after subsection (c) the following:
    ``(d) Nonapplicability.--This section does not apply to--
        ``(1) the activities of armed forces during an armed conflict, 
    as those terms are understood under the law of war, which are 
    governed by that law; or
        ``(2) activities undertaken by military forces of a state in 
    the exercise of their official duties.''; and
    (f) in subsection (g), as redesignated--
        (1) in paragraph (6), by striking ``and'' at the end;
        (2) in paragraph (7), by striking the period at the end and 
    inserting a semicolon; and
        (3) by inserting after paragraph (7), the following:
        ``(8) the term `armed conflict' has the meaning given that term 
    in section 2332f(e)(11) of this title;
        ``(9) the term `military forces of a state' means the armed 
    forces of a country that are organized, trained and equipped under 
    its internal law for the primary purpose of national defense or 
    security and persons acting in support of those armed forces who 
    are under their formal command, control and responsibility;
        ``(10) the term `state' has the same meaning as that term has 
    under international law, and includes all political subdivisions 
    thereof;
        ``(11) the term `state or government facility' has the meaning 
    given that term in section 2332f(e)(3) of this title; and
        ``(12) the term `vessel of the United States' has the meaning 
    given that term in section 70502 of title 46.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```