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. 
H. R. 2048—2 

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, 
H. R. 2048—3 

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 
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‘‘(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. 
H. R. 2048—5 

‘‘(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 
H. R. 2048—6 

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 
H. R. 2048—7 

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.’’. 
H. R. 2048—8 

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)). 
H. R. 2048—9 

‘‘(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 
H. R. 2048—10 

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.— 
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‘‘(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.’’. 
H. R. 2048—12 

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 
H. R. 2048—13 

‘‘(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 
H. R. 2048—14 

(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— 
H. R. 2048—15 

‘‘(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 COUNTER- TERRORISM PURPOSES OF CONSUMER REPORTS.—Section 627(a) of 
H. R. 2048—16 

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. 
H. R. 2048—17 

‘‘(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. 
H. R. 2048—18 

‘‘(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 
H. R. 2048—19 

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. 
H. R. 2048—20 

‘‘(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. 
H. R. 2048—21 

‘‘(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 
H. R. 2048—22 

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.— 
H. R. 2048—23 

‘‘(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 
H. R. 2048—24 

(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).’’. 
H. R. 2048—25 

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 
H. R. 2048—26 

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 
H. R. 2048—27 

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 
H. R. 2048—28 

(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; 
H. R. 2048—29 

‘‘(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 
H. R. 2048—30 

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 
H. R. 2048—31 

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 TAN- GIBLE 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 nonUnited 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— 
H. R. 2048—32 

‘‘(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).’’. 
H. R. 2048—33 

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)— 
H. R. 2048—34 

(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 
H. R. 2048—35 

‘‘(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; 
H. R. 2048—36 

‘‘(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 
H. R. 2048—37 

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: 

‘‘§ 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, 
H. R. 2048—38 

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 NonProliferation 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 
H. R. 2048—39 

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, 
H. R. 2048—40 

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: 

‘‘§ 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; 
H. R. 2048—41 

‘‘(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.’’. 
H. R. 2048—42 

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: 

‘‘§ 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— 
H. R. 2048—43 

‘‘(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 radiationemitting 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 
H. R. 2048—44 

‘‘(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)’’; 
H. R. 2048—45 

(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 
H. R. 2048—46 

‘‘(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.