SEC. 102. EMERGENCY AUTHORITY. 
(a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 
amended by adding at the end the following new sub-
section: 
‘‘(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 Attor-
ney General— 
‘‘(A) reasonably determines that an emer-
gency situation requires the production of tan-
gible things before an order authorizing such 
production can with due diligence be obtained; 
‘‘(B) reasonably determines that the fac-
tual basis for the issuance of an order under 
this section to approve such production of tan-
gible 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 em-
ploy the authority under this subsection; and 
‘‘(D) makes an application in accordance 
with this section to a judge having jurisdiction 
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under this section as soon as practicable, but 
not later than 7 days after the Attorney Gen-
eral requires the emergency production of tan-
gible things under this subsection. 
‘‘(2) If the Attorney General requires the emer-
gency 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 approv-
ing the production of tangible things under this sub-
section, the production shall terminate when the in-
formation 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 re-
quiring 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 sec-
tion 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 approv-
ing the production, no information obtained or evi-
dence derived from such production shall be received 
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in evidence or otherwise disclosed in any trial, hear-
ing, 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 man-
ner 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 per-
son. 
‘‘(6) The Attorney General shall assess compli-
ance 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 in-
serting ‘‘pursuant to an order issued or an 
emergency production required’’; 
(B) in subparagraph (A), by striking ‘‘such 
order’’ and inserting ‘‘such order or such emer-
gency production’’; and 
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(C) in subparagraph (B), by striking ‘‘the 
order’’ and inserting ‘‘the order or the emer-
gency 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 TAN-
GIBLE 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 semi-
colon and inserting ‘‘, including each specific selec-
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tion term to be used as the basis for the produc-
tion;’’; 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 accord-
ance 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 addi-
tional, particularized minimization procedures with 
regard to the production, retention, or dissemination 
of nonpublicly available information concerning 
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unconsenting United States persons, including addi-
tional, particularized procedures related to the de-
struction of information within a reasonable time pe-
riod.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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 PA-
TRIOT Improvement and Reauthorization Act 
of 2005, the’’ and inserting ‘‘The’’; and 
(B) by inserting after ‘‘adopt’’ the fol-
lowing: ‘‘, 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 produc-
tion 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). 
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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 infor-
mation, facilities, or technical assistance in accord-
ance with an order issued or an emergency produc-
tion 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, facili-
ties, 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 com-
pensate a person for reasonable expenses incurred for— 
‘‘(1) producing tangible things or providing in-
formation, facilities, or assistance in accordance with 
an order issued with respect to an application de-
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scribed in subsection (b)(2)(C) or an emergency pro-
duction under subsection (i) that, to comply with 
subsection (i)(1)(D), requires an application de-
scribed in subsection (b)(2)(C); or 
‘‘(2) otherwise providing technical assistance to 
the Government under this section or to implement 
the amendments made to this section by the USA 
FREEDOM Act of 2015.’’. 
SEC. 107. DEFINITIONS. 
Section 501 (50 U.S.C. 1861), as amended by section 
106 of this Act, is further amended by adding at the end 
the following new subsection: 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) IN GENERAL.—The terms ‘foreign power’, 
‘agent of a foreign power’, ‘international terrorism’, 
‘foreign intelligence information’, ‘Attorney General’, 
‘United States person’, ‘United States’, ‘person’, and 
‘State’ have the meanings provided those terms in 
section 101. 
‘‘(2) ADDRESS.—The term ‘address’ means a 
physical address or electronic address, such as an 
electronic mail address or temporarily assigned net-
work address (including an Internet protocol ad-
dress). 
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‘‘(3) CALL DETAIL RECORD.—The term ‘call de-
tail record’— 
‘‘(A) means session-identifying information 
(including an originating or terminating tele-
phone number, an International Mobile Sub-
scriber 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 posi-
tioning system information. 
‘‘(4) SPECIFIC SELECTION TERM.— 
‘‘(A) TANGIBLE THINGS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subparagraph (B), a ‘specific se-
lection term’— 
‘‘(I) is a term that specifically 
identifies a person, account, address, 
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or personal device, or any other spe-
cific identifier; and 
‘‘(II) is used to limit, to the 
greatest extent reasonably practicable, 
the scope of tangible things sought 
consistent with the purpose for seek-
ing the tangible things. 
‘‘(ii) LIMITATION.—A specific selec-
tion 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 com-
munication 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 
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used as the basis for the production; 
or 
‘‘(II) identifies a broad geo-
graphic 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 de-
scribed in clause (i). 
‘‘(iii) RULE
OF
CONSTRUCTION.— 
Nothing in this paragraph shall be con-
strued to preclude the use of multiple 
terms or identifiers to meet the require-
ments of clause (i). 
‘‘(B) CALL
DETAIL
RECORD
APPLICA-
TIONS.—For purposes of an application sub-
mitted under subsection (b)(2)(C), the term 
‘specific selection term’ means a term that spe-
cifically identifies an individual, account, or per-
sonal device.’’. 
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 
RECORDS ORDERS. 
Section 106A of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (Public Law 109–177; 
120 Stat. 200) is amended— 
(1) in subsection (b)— 
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(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 redesig-
nated)— 
(i) by striking subparagraph (C) and 
inserting the following new subparagraph: 
‘‘(C) with respect to calendar years 2012 
through 2014, an examination of the minimiza-
tion procedures used in relation to orders under 
section 501 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861) and wheth-
er the minimization procedures adequately pro-
tect 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: 
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‘‘(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 Se-
lect Committee on Intelligence of the House of Rep-
resentatives 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 fol-
lowing 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 Com-
munity shall assess— 
‘‘(A) the importance of the information ac-
quired under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et 
seq.) to the activities of the intelligence commu-
nity; 
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‘‘(B) the manner in which that information 
was collected, retained, analyzed, and dissemi-
nated by the intelligence community; 
‘‘(C) the minimization procedures used by 
elements of the intelligence community under 
such title and whether the minimization proce-
dures adequately protect the constitutional 
rights of United States persons; and 
‘‘(D) any minimization procedures pro-
posed by an element of the intelligence commu-
nity under such title that were modified or de-
nied by the court established under section 
103(a) of such Act (50 U.S.C. 1803(a)). 
‘‘(2) SUBMISSION
DATE
FOR
ASSESSMENT.— 
Not later than 180 days after the date on which the 
Inspector General of the Department of Justice sub-
mits 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 Perma-
nent Select Committee on Intelligence of the House 
of Representatives a report containing the results of 
the assessment for calendar years 2012 through 
2014.’’; 
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(5) in subsection (e), as redesignated by para-
graph (3)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a report under sub-
section (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 Intel-
ligence 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 re-
ports 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 para-
graph (3)— 
(A) by striking ‘‘The reports submitted 
under subsections (c)(1) and (c)(2)’’ and insert-
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ing ‘‘Each report submitted under subsection 
(c)’’; and 
(B) by striking ‘‘subsection (d)(2)’’ and in-
serting ‘‘subsection (e)(2)’’; and 
(7) by adding at the end the following new sub-
section: 
‘‘(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 Sur-
veillance Act of 1978 (50 U.S.C. 1801).’’. 
SEC. 109. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by sec-
tions 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 de-
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scribed 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 communica-
tion service provider (as such term is defined in section 
701(b)(4) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 
seq.). 
TITLE II—FISA PEN REGISTER 
AND TRAP AND TRACE DE-
VICE 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: 
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‘‘(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 para-
graph: 
‘‘(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 de-
vice. 
‘‘(B) A specific selection term under subpara-
graph (A) does not include an identifier that does 
not limit, to the greatest extent reasonably prac-
ticable, the scope of information sought, consistent 
with the purpose for seeking the use of the pen reg-
ister or trap and trace device, such as an identifier 
that— 
‘‘(i) identifies an electronic communication 
service provider (as that term is defined in sec-
tion 701) or a provider of remote computing 
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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 elec-
tronic address, such as an electronic mail address or 
temporarily assigned network address (including an 
Internet protocol address). 
‘‘(D) Nothing in this paragraph shall be con-
strued to preclude the use of multiple terms or iden-
tifiers 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 sub-
section: 
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‘‘(h) PRIVACY PROCEDURES.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
ensure that appropriate policies and procedures are 
in place to safeguard nonpublicly available informa-
tion concerning United States persons that is col-
lected through the use of a pen register or trap and 
trace device installed under this section. Such poli-
cies 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 infor-
mation concerning United States persons. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection limits the authority of the court es-
tablished 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 fol-
lowing 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).’’. 
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TITLE III—FISA ACQUISITIONS 
TARGETING 
PERSONS 
OUT-
SIDE THE UNITED STATES RE-
FORMS 
SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED IN-
FORMATION. 
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
INFORMA-
TION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided 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 
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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 ap-
proval of the Attorney General if the infor-
mation indicates a threat of death or seri-
ous 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 dis-
closure of information obtained before the 
date of the correction under such mini-
mization procedures as the Court may ap-
prove for purposes of this clause.’’. 
TITLE 
IV—FOREIGN 
INTEL-
LIGENCE 
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 subsection: 
‘‘(i) AMICUS CURIAE.— 
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‘‘(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 individ-
uals, 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 re-
quirement of subsection (c) and any other statutory 
requirement that the court act expeditiously or with-
in 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, pre-
sents a novel or significant interpretation of the 
law, unless the court issues a finding that such 
appointment is not appropriate; and 
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‘‘(B) may appoint an individual or organi-
zation 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 pos-
sess expertise in privacy and civil liberties, in-
telligence 
collection, 
communications 
tech-
nology, 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 para-
graph (2) shall be persons who are determined 
to be eligible for access to classified informa-
tion, if such access is necessary to participate 
in the matters in which they may be appointed. 
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‘‘(4) DUTIES.—If a court established under 
subsection (a) or (b) appoints an amicus curiae 
under paragraph (2)(A), the amicus curiae shall pro-
vide to the court, as appropriate— 
‘‘(A) legal arguments that advance the pro-
tection of individual privacy and civil liberties; 
‘‘(B) information related to intelligence 
collection or communications technology; or 
‘‘(C) legal arguments or information re-
garding 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 pursu-
ant to paragraph (1) or paragraph (2), to be avail-
able to assist the amicus curiae. 
‘‘(6) ACCESS TO INFORMATION.— 
‘‘(A) IN GENERAL.—If a court established 
under subsection (a) or (b) appoints an amicus 
curiae under paragraph (2)(A), the amicus cu-
riae— 
‘‘(i) shall have access to all relevant 
legal precedent, and any application, cer-
tification, petition, motion, or such other 
materials that the court determines are rel-
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evant 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) re-
garding information relevant to any as-
signed proceeding. 
‘‘(B) BRIEFINGS.—The Attorney General 
may periodically brief or provide relevant mate-
rials to amicus curiae designated pursuant to 
paragraph (1) regarding constructions and in-
terpretations of this Act and legal, techno-
logical, and other issues related to actions au-
thorized by this Act. 
‘‘(C) CLASSIFIED INFORMATION.—An ami-
cus curiae designated or appointed by the court 
may have access to classified documents, infor-
mation, and other materials or proceedings only 
if that individual is eligible for access to classi-
fied 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 ami-
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cus curiae appointed by the court that is privi-
leged 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 (in-
cluding 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 des-
ignation, appointment, removal, training, or other 
support for an individual appointed to serve as ami-
cus 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 es-
tablished 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, 
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nor limit any special or heightened obligation in any 
ex parte communication or proceeding. 
‘‘(j) REVIEW
OF FISA COURT DECISIONS.—Fol-
lowing issuance of an order under this Act, a court estab-
lished under subsection (a) shall certify for review to the 
court established under subsection (b) any question of law 
that may affect resolution of the matter in controversy 
that the court determines warrants such review because 
of a need for uniformity or because consideration by the 
court established under subsection (b) would serve the in-
terests of justice. Upon certification of a question of law 
under this subsection, the court established under sub-
section (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 DECI-
SIONS.— 
‘‘(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 certifi-
cation of an application under paragraph (1), the 
Supreme Court of the United States may appoint an 
amicus curiae designated under subsection (i)(1), or 
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any other person, to provide briefing or other assist-
ance.’’. 
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 ‘‘REPORT-
ING REQUIREMENT’’ and inserting ‘‘OVER-
SIGHT’’; and 
(2) by adding at the end the following new sec-
tion: 
‘‘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 con-
struction or interpretation of any provision of law, includ-
ing 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. 
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‘‘(b) REDACTED FORM.—The Director of National 
Intelligence, in consultation with the Attorney General, 
may satisfy the requirement under subsection (a) to make 
a decision, order, or opinion described in such subsection 
publicly available to the greatest extent practicable by 
making such decision, order, or opinion publicly available 
in redacted form. 
‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 
National Intelligence, in consultation with the Attorney 
General, may waive the requirement to declassify and 
make publicly available a particular decision, order, or 
opinion under subsection (a), if— 
‘‘(1) the Director of National Intelligence, in 
consultation with the Attorney General, determines 
that a waiver of such requirement is necessary to 
protect the national security of the United States or 
properly classified intelligence sources or methods; 
and 
‘‘(2) the Director of National Intelligence 
makes publicly available an unclassified statement 
prepared by the Attorney General, in consultation 
with the Director of National Intelligence— 
‘‘(A) summarizing the significant construc-
tion or interpretation of any provision of law, 
which shall include, to the extent consistent 
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with national security, a description of the con-
text in which the matter arises and any signifi-
cant construction or interpretation of any stat-
ute, constitutional provision, or other legal au-
thority 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 For-
eign Intelligence Surveillance Court or the For-
eign Intelligence Surveillance Court of Re-
view.’’. 
(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 sec-
tion 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 
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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 cus-
tomer, 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.—Sec-
tion 626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) is amended— 
(1) in subsection (a), by striking ‘‘that informa-
tion,’’ and inserting ‘‘that information that includes 
a term that specifically identifies a consumer or ac-
count to be used as the basis for the production of 
that information,’’; 
(2) in subsection (b), by striking ‘‘written re-
quest,’’ and inserting ‘‘written request that includes 
a term that specifically identifies a consumer or ac-
count to be used as the basis for the production of 
that information,’’; and 
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(3) in subsection (c), by inserting ‘‘, which shall 
include a term that specifically identifies a consumer 
or account to be used as the basis for the production 
of the information,’’ after ‘‘issue an order ex parte’’. 
(d) DISCLOSURES
TO GOVERNMENTAL AGENCIES 
FOR COUNTERTERRORISM PURPOSES OF CONSUMER RE-
PORTS.—Section 627(a) of the Fair Credit Reporting Act 
(15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 
and inserting ‘‘analysis and that includes a term that spe-
cifically identifies a consumer or account to be used as 
the basis for the production of such information.’’. 
SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE-
CURITY LETTERS. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE 
TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 
title 18, United States Code, is amended by striking sub-
section (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 communica-
tion service provider that receives a request 
under subsection (b), or officer, employee, or 
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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 Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that the ab-
sence 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 in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; 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 
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request under subsection (b), or officer, em-
ployee, or agent thereof, may disclose informa-
tion otherwise subject to any applicable non-
disclosure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
is issued under subsection (b) in the same man-
ner as the person to whom the request is 
issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall notify the person of 
the applicable nondisclosure requirement. 
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‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the Director of 
the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
tending 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 subpara-
graph (D); and 
(2) by inserting after subsection (b) the fol-
lowing 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, em-
ployee, or agent thereof, shall disclose to any 
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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 Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that the ab-
sence 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 in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; 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 
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the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
tending 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 Re-
porting 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, em-
ployee, or agent thereof, shall disclose or specify 
in any consumer report, that the Federal Bu-
reau of Investigation has sought or obtained ac-
cess to information or records under subsection 
(a), (b), or (c). 
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‘‘(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 Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that the ab-
sence 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 in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; 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— 
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‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
under subsection (a) or (b) or an order under 
subsection (c) is issued in the same manner as 
the person to whom the request is issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the Director of 
the Federal Bureau of Investigation or the des-
ignee of the Director, any person making or in-
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tending 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 offi-
cer, employee, or agent thereof, shall disclose or 
specify in any consumer report, that a govern-
ment 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 
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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 in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; 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 re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
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‘‘(iii) other persons as permitted by 
the head of the government agency de-
scribed in subsection (a) or a designee. 
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
under subsection (a) is issued in the same man-
ner as the person to whom the request is 
issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—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 disclo-
sure will be made or to whom such disclosure 
was made prior to the request.’’. 
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(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 dis-
close to any person that an authorized inves-
tigative 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; 
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‘‘(ii) interference with a criminal, 
counterterrorism, or counterintelligence in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; 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 sub-
section (a), or officer, employee, or agent there-
of, 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 re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the head of the authorized investigative 
agency described in subsection (a) or a 
designee. 
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‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom a request 
is issued under subsection (a) in the same man-
ner as the person to whom the request is 
issued. 
‘‘(C) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RE-
CIPIENTS.—At the request of the head of an 
authorized investigative agency described in 
subsection (a), or a designee, any person mak-
ing or intending to make a disclosure under 
clause (i) or (iii) of subparagraph (A) shall 
identify to the head of the authorized investiga-
tive 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 
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General shall adopt procedures with respect to non-
disclosure 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 Fi-
nancial 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 con-
tinue to exist; 
(B) the termination of such a nondisclo-
sure 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 appro-
priate, that the nondisclosure requirement has 
been terminated. 
(2) REPORTING.—Upon adopting the proce-
dures required under paragraph (1), the Attorney 
General shall submit the procedures to the Com-
mittee on the Judiciary of the Senate and the Com-
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mittee on the Judiciary of the House of Representa-
tives. 
(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 informa-
tion 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 require-
ment imposed in connection with the request or 
order, the recipient may notify the Government 
or file a petition for judicial review in any court 
described in subsection (a). 
‘‘(B) APPLICATION.—Not later than 30 
days after the date of receipt of a notification 
under subparagraph (A), the Government shall 
apply for an order prohibiting the disclosure of 
the existence or contents of the relevant request 
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or order. An application under this subpara-
graph 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 require-
ment. 
‘‘(C) CONSIDERATION.—A district court of 
the United States that receives a petition under 
subparagraph (A) or an application under sub-
paragraph (B) should rule expeditiously, and 
shall, subject to paragraph (3), issue a non-
disclosure order that includes conditions appro-
priate 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 Gen-
eral, Deputy Attorney General, an Assistant Attor-
ney General, or the Director of the Federal Bureau 
of Investigation, or a designee in a position not 
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lower than Deputy Assistant Director at Bureau 
headquarters or a Special Agent in Charge in a Bu-
reau field office designated by the Director, or in the 
case of a request by a department, agency, or instru-
mentality of the Federal Government other than the 
Department of Justice, the head or deputy head of 
the department, agency, or instrumentality, con-
taining 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, counter-
terrorism, 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 disclo-
sure of the information subject to the nondisclosure 
requirement during the applicable time period may 
result in— 
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‘‘(A) a danger to the national security of 
the United States; 
‘‘(B) interference with a criminal, counter-
terrorism, 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 fol-
lowing new subsection: 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection 
(b) or a nondisclosure requirement imposed in con-
nection 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 re-
view described in paragraph (1).’’. 
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(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 sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection 
(a) or a nondisclosure requirement imposed in con-
nection 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 re-
view described in paragraph (1).’’. 
(c) IDENTITY
OF FINANCIAL INSTITUTIONS
AND 
CREDIT REPORTS.—Section 626 of the Fair Credit Re-
porting 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 fol-
lowing new subsection: 
‘‘(e) JUDICIAL REVIEW.— 
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‘‘(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 Re-
porting 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 fol-
lowing new subsection: 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection 
(a) or a non-disclosure requirement imposed in con-
nection with such request under subsection (c) shall 
be subject to judicial review under section 3511 of 
title 18, United States Code. 
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‘‘(2) NOTICE.—A request under subsection (a) 
shall include notice of the availability of judicial re-
view described in paragraph (1).’’. 
(e) INVESTIGATIONS OF PERSONS WITH ACCESS TO 
CLASSIFIED INFORMATION.—Section 802 of the National 
Security Act of 1947 (50 U.S.C. 3162) is amended— 
(1) by redesignating subsections (c) through (f) 
as subsections (d) through (g), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection 
(a) or a nondisclosure requirement imposed in con-
nection 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 re-
view described in paragraph (1).’’. 
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TITLE VI—FISA TRANSPARENCY 
AND 
REPORTING 
REQUIRE-
MENTS 
SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 
PRODUCTION OF BUSINESS RECORDS; BUSI-
NESS 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 re-
designated) the following new paragraphs: 
‘‘(1) a summary of all compliance reviews con-
ducted by the Government for the production of tan-
gible 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; 
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‘‘(5) the total number of such orders either 
granted, modified, or denied;’’. 
(b) REPORTING ON CERTAIN TYPES OF PRODUC-
TION.—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 sub-
paragraphs: 
‘‘(C) the total number of applications made for 
orders approving requests for the production of tan-
gible things under section 501 in which the specific 
selection term does not specifically identify an indi-
vidual, account, or personal device; 
‘‘(D) the total number of orders described in 
subparagraph (C) either granted, modified, or de-
nied; and 
‘‘(E) with respect to orders described in sub-
paragraph (D) that have been granted or modified, 
whether the court established under section 103 has 
directed additional, particularized minimization pro-
cedures beyond those adopted pursuant to section 
501(g).’’. 
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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 ADMINISTRA-
TIVE 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 Com-
mittee on Intelligence and the Committee on the Ju-
diciary of the House of Representatives and the Se-
lect Committee on Intelligence and the Committee 
on the Judiciary of the Senate, subject to a declas-
sification review by the Attorney General and the 
Director of National Intelligence, a report that in-
cludes— 
‘‘(A) the number of applications or certifi-
cations for orders submitted under each of sec-
tions 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 certifi-
cations denied under each of those sections; 
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‘‘(E) the number of appointments of an in-
dividual to serve as amicus curiae under section 
103, including the name of each individual ap-
pointed to serve as amicus curiae; and 
‘‘(F) the number of findings issued under 
section 103(i) that such appointment is not ap-
propriate 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 subpara-
graph (F) of paragraph (1). 
‘‘(b) MANDATORY REPORTING BY DIRECTOR OF NA-
TIONAL INTELLIGENCE.—Except as provided in sub-
section (d), the Director of National Intelligence shall an-
nually 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— 
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‘‘(A) the number of search terms con-
cerning a known United States person used to 
retrieve the unminimized contents of electronic 
communications or wire communications ob-
tained through acquisitions authorized under 
such section, excluding the number of search 
terms used to prevent the return of information 
concerning a United States person; and 
‘‘(B) the number of queries concerning a 
known United States person of unminimized 
noncontents information relating to electronic 
communications or wire communications ob-
tained through acquisitions authorized under 
such section, excluding the number of queries 
containing information used to prevent the re-
turn 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; 
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‘‘(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 in-
cluded 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 let-
ters issued and the number of requests for informa-
tion contained within such national security letters. 
‘‘(c) TIMING.—The annual reports required by sub-
sections (a) and (b) shall be made publicly available during 
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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 INFORMA-
TION.— 
‘‘(A) FEDERAL
BUREAU
OF
INVESTIGA-
TION.—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 result-
ing in the acquisition of information by the 
Federal Bureau of Investigation that does not 
include electronic mail addresses or telephone 
numbers. 
‘‘(3) CERTIFICATION.— 
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‘‘(A) IN GENERAL.—If the Director of Na-
tional Intelligence concludes that a good faith 
estimate required to be reported under sub-
section (b)(2)(B) cannot be determined accu-
rately because some but not all of the relevant 
elements of the intelligence community are able 
to provide such good faith estimate, the Direc-
tor shall— 
‘‘(i) certify that conclusion in writing 
to the Select Committee on Intelligence 
and the Committee on the Judiciary of the 
Senate and the Permanent Select Com-
mittee on Intelligence and the Committee 
on the Judiciary of the House of Rep-
resentatives; 
‘‘(ii) report the good faith estimate for 
those relevant elements able to provide 
such good faith estimate; 
‘‘(iii) explain when it is reasonably an-
ticipated 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. 
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‘‘(B) FORM.—A certification described in 
subparagraph (A) shall be prepared in unclassi-
fied 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 can-
not 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 re-
port, 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)); 
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‘‘(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 Re-
porting 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 Immi-
gration 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 fur-
ther amended by inserting after the item relating to sec-
tion 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 Im-
provement and Reauthorization Act of 2005 (18 U.S.C. 
3511 note) is amended— 
(1) in paragraph (1)— 
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(A) in the matter preceding subparagraph 
(A), by striking ‘‘United States’’; and 
(B) in subparagraph (A), by striking ‘‘, ex-
cluding the number of requests for subscriber 
information’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) CONTENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), each report required under 
this subsection shall include a good faith esti-
mate of the total number of requests described 
in paragraph (1) requiring disclosure of infor-
mation 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 
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each of the categories described in subpara-
graph (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 disclo-
sures 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 nondisclo-
sure requirement accompanying an order or directive 
under this Act or a national security letter may, with re-
spect to such order, directive, or national security letter, 
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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 let-
ters with which the person was required to comply 
into separate categories of— 
‘‘(A) the number of national security let-
ters received, reported in bands of 1000 start-
ing with 0–999; 
‘‘(B) the number of customer selectors tar-
geted by national security letters, reported in 
bands of 1000 starting with 0–999; 
‘‘(C) the number of orders or directives re-
ceived, combined, under this Act for contents, 
reported in bands of 1000 starting with 0–999; 
‘‘(D) the number of customer selectors tar-
geted under orders or directives received, com-
bined, 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 tar-
geted under orders under this Act for noncon-
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tents, reported in bands of 1000 starting with 
0–999, pursuant to— 
‘‘(i) title IV; 
‘‘(ii) title V with respect to applica-
tions described in section 501(b)(2)(B); 
and 
‘‘(iii) title V with respect to applica-
tions described in section 501(b)(2)(C). 
‘‘(2) A semiannual report that aggregates the 
number of orders, directives, or national security let-
ters with which the person was required to comply 
into separate categories of— 
‘‘(A) the number of national security let-
ters received, reported in bands of 500 starting 
with 0–499; 
‘‘(B) the number of customer selectors tar-
geted by national security letters, reported in 
bands of 500 starting with 0–499; 
‘‘(C) the number of orders or directives re-
ceived, combined, under this Act for contents, 
reported in bands of 500 starting with 0–499; 
‘‘(D) the number of customer selectors tar-
geted under orders or directives received, com-
bined, under this Act for contents, reported in 
bands of 500 starting with 0–499; 
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‘‘(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 tar-
geted 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 let-
ters with which the person was required to comply 
in the into separate categories of— 
‘‘(A) the total number of all national secu-
rity process received, including all national se-
curity 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 selec-
tors targeted under all national security process 
received, including all national security letters, 
and orders or directives under this Act, com-
bined, reported in bands of 250 starting with 
0–249. 
‘‘(4) An annual report that aggregates the 
number of orders, directives, and national security 
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letters the person was required to comply with into 
separate categories of— 
‘‘(A) the total number of all national secu-
rity process received, including all national se-
curity 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 selec-
tors targeted under all national security process 
received, including all national security letters, 
and orders or directives under this Act, com-
bined, reported in bands of 100 starting with 
0–99. 
‘‘(b) PERIOD OF TIME COVERED BY REPORTS.— 
‘‘(1) A report described in paragraph (1) or (2) 
of subsection (a) shall include only information— 
‘‘(A) relating to national security letters 
for the previous 180 days; and 
‘‘(B) relating to authorities under this Act 
for the 180-day period of time ending on the 
date that is not less than 180 days prior to the 
date of the publication of such report, except 
that with respect to a platform, product, or 
service for which a person did not previously re-
ceive an order or directive (not including an en-
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hancement to or iteration of an existing publicly 
available platform, product, or service) such re-
port shall not include any information relating 
to such new order or directive until 540 days 
after the date on which such new order or di-
rective 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 informa-
tion referred to in this subsection in a time, form, or man-
ner 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. 
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‘‘(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 relat-
ing 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, OR-
DERS, AND OPINIONS OF THE FOREIGN IN-
TELLIGENCE 
SURVEILLANCE 
COURT 
AND 
THE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE 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 Re-
view issues a decision, order, or opinion, including 
any denial or modification of an application under 
this Act, that includes significant construction or in-
terpretation 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 
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pleadings, applications, or memoranda of law associ-
ated 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 Representa-
tives 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 amend-
ed— 
(1) in the first sentence, by striking ‘‘Perma-
nent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on In-
telligence 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 
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(2) in the second sentence, by striking ‘‘and the 
Committee on the Judiciary of the House of Rep-
resentatives’’. 
(c) PEN REGISTERS AND TRAP AND TRACE DE-
VICES.—Section 406(b) (50 U.S.C. 1846(b)) is amend-
ed— 
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(4) each department or agency on behalf of 
which the Attorney General or a designated attorney 
for the Government has made an application for an 
order authorizing or approving the installation and 
use of a pen register or trap and trace device under 
this title; and 
‘‘(5) for each department or agency described in 
paragraph (4), each number described in paragraphs 
(1), (2), and (3).’’. 
(d) ACCESS TO CERTAIN BUSINESS RECORDS AND 
OTHER TANGIBLE THINGS.—Section 502(a) (50 U.S.C. 
1862(a)) is amended by striking ‘‘Permanent Select Com-
mittee on Intelligence of the House of Representatives and 
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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 Se-
lect Committee on Intelligence and the Committee on the 
Judiciary of the Senate’’. 
TITLE 
VII—ENHANCED 
NA-
TIONAL 
SECURITY 
PROVI-
SIONS 
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), respec-
tively; and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(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 in-
formation may continue for a period not to exceed 72 
hours from the time that the non-United States person 
is reasonably believed to be located inside the United 
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States and the acquisition is subject to this title or to title 
III of this Act, provided that the head of an element of 
the intelligence community— 
‘‘(A) reasonably determines that a lapse in the 
targeting of such non-United States person poses a 
threat of death or serious bodily harm to any per-
son; 
‘‘(B) promptly notifies the Attorney General of 
a determination under subparagraph (A); and 
‘‘(C) requests, as soon as practicable, the em-
ployment of emergency electronic surveillance under 
subsection (e) or the employment of an emergency 
physical search pursuant to section 304(e), as war-
ranted. 
‘‘(2) The authority under this subsection to continue 
the acquisition of foreign intelligence information is lim-
ited 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. 
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‘‘(C) The Attorney General provides direction 
that the acquisition be terminated. 
‘‘(D) The head of the element of the intel-
ligence community conducting the acquisition deter-
mines 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 inves-
tigate, 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, informa-
tion 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 indi-
cates a threat of death or serious bodily harm to any per-
son. 
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‘‘(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 in-
serting ‘‘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 elec-
tronic surveillance under section 105(e) or 
emergency physical searches pursuant to section 
301(e).’’. 
SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED 
STATES PERSONS TRAVELING OUTSIDE THE 
UNITED STATES AS AGENTS OF FOREIGN 
POWERS. 
Section 101(b)(1) is amended— 
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(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 INTER-
NATIONAL PROLIFERATION OF WEAPONS OF 
MASS DESTRUCTION. 
Section 101(b)(1) is further amended by striking sub-
paragraph (E) and inserting the following new subpara-
graph (E): 
‘‘(E) engages in the international prolifera-
tion of weapons of mass destruction, or activi-
ties 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 there-
for; or’’. 
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SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUP-
PORT OF FOREIGN TERRORIST ORGANIZA-
TIONS. 
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 REAUTHOR-
IZATION 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 PRE-
VENTION ACT OF 2004.—Section 6001(b)(1) of the Intel-
ligence 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’’. 
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TITLE VIII—SAFETY OF MARI-
TIME NAVIGATION AND NU-
CLEAR TERRORISM CONVEN-
TIONS IMPLEMENTATION 
Subtitle A—Safety of Maritime 
Navigation 
SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, 
UNITED STATES CODE. 
Section 2280 of title 18, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(i), by striking ‘‘a 
ship flying the flag of the United States’’ and 
inserting ‘‘a vessel of the United States or a 
vessel subject to the jurisdiction of the United 
States (as defined in section 70502 of title 
46)’’; 
(B) in paragraph (1)(A)(ii), by inserting ‘‘, 
including the territorial seas’’ after ‘‘in the 
United States’’; and 
(C) in paragraph (1)(A)(iii), by inserting 
‘‘, by a United States corporation or legal enti-
ty,’’ after ‘‘by a national of the United States’’; 
(2) in subsection (c), by striking ‘‘section 2(c)’’ 
and inserting ‘‘section 13(c)’’; 
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(3) by striking subsection (d); 
(4) by striking subsection (e) and inserting 
after subsection (c): 
‘‘(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 Avia-
tion, 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 Decem-
ber 1979; 
‘‘(E) the Convention on the Physical Pro-
tection of Nuclear Material, done at Vienna on 
26 October 1979; 
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‘‘(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 Plat-
forms 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 Sup-
pression 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 
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production, of types and in quantities that have 
no justification for prophylactic, protective, or 
other peaceful purposes; or 
‘‘(B) weapons, equipment, or means of de-
livery designed to use such agents or toxins for 
hostile purposes or in armed conflict; 
‘‘(4) ‘chemical weapon’ means, together or sepa-
rately— 
‘‘(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 prop-
erties of chemicals as a method of warfare; 
or 
‘‘(iv) law enforcement including do-
mestic riot control purposes, 
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as long as the types and quantities are con-
sistent with such purposes; 
‘‘(B) munitions and devices, specifically de-
signed 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 employ-
ment of munitions and devices specified in sub-
paragraph (B); 
‘‘(5) ‘covered ship’ means a ship that is navi-
gating 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 mean-
ing given the term in section 831(f)(3) of this title; 
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‘‘(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 responsi-
bility; 
‘‘(10) ‘national of the United States’ has the 
meaning stated in section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22)); 
‘‘(11) ‘Non-Proliferation Treaty’ means the 
Treaty on the Non-Proliferation of Nuclear Weap-
ons, 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 Nu-
clear Weapon State Party to the Non-Proliferation 
Treaty; 
‘‘(13) ‘Nuclear Weapon State Party to the Non- 
Proliferation Treaty’ means a State Party to the 
Non-Proliferation Treaty that is a nuclear-weapon 
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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, infra-
structure facility, or public transportation sys-
tem, resulting in major economic loss, or 
‘‘(C) substantial damage to the environ-
ment, including air, soil, water, fauna, or flora; 
‘‘(18) ‘ship’ means a vessel of any type whatso-
ever not permanently attached to the sea-bed, in-
cluding 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 with-
drawn from navigation or laid up; 
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‘‘(19) ‘source material’ has the meaning given 
that term in the International Atomic Energy Agen-
cy 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 deter-
mined 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 geo-
graphical 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— 
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‘‘(1) the activities of armed forces during an 
armed conflict, as those terms are understood under 
the law of war, which are governed by that law; or 
‘‘(2) activities undertaken by military forces of 
a state in the exercise of their official duties. 
‘‘(f) DELIVERY
OF SUSPECTED OFFENDER.—The 
master of a covered ship flying the flag of the United 
States who has reasonable grounds to believe that there 
is on board that ship any person who has committed an 
offense under section 2280 or section 2280a may deliver 
such person to the authorities of a country that is a party 
to the Convention for the Suppression of Unlawful Acts 
against the Safety of Maritime Navigation. Before deliv-
ering such person to the authorities of another country, 
the master shall notify in an appropriate manner the At-
torney 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 coun-
try 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 
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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 fa-
cilitate 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 for-
feitures under this section shall be governed by the provi-
sions of chapter 46 of title 18, United States Code, relat-
ing to civil forfeitures, except that such duties as are im-
posed upon the Secretary of the Treasury under the cus-
toms laws described in section 981(d) shall be performed 
by such officers, agents, and other persons as may be des-
ignated for that purpose by the Secretary of Homeland 
Security, the Attorney General, or the Secretary of De-
fense.’’. 
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: 
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‘‘§ 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 inten-
tionally— 
‘‘(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 dis-
charges from a ship any explosive or radio-
active material, biological, chemical, or nu-
clear weapon or other nuclear explosive de-
vice 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, lique-
fied natural gas, or another hazardous or 
noxious substance that is not covered by 
clause (i), in such quantity or concentra-
tion that causes or is likely to cause death 
to any person or serious injury or damage; 
or 
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101 
‘‘(iii) uses a ship in a manner that 
causes death to any person or serious in-
jury or damage; 
‘‘(B) transports on board a ship— 
‘‘(i) any explosive or radioactive mate-
rial, knowing that it is intended to be used 
to cause, or in a threat to cause, death to 
any person or serious injury or damage for 
the purpose of intimidating a population, 
or compelling a government or an inter-
national organization to do or to abstain 
from doing any act; 
‘‘(ii) any biological, chemical, or nu-
clear weapon or other nuclear explosive de-
vice, knowing it to be a biological, chem-
ical, or nuclear weapon or other nuclear 
explosive device; 
‘‘(iii) any source material, special fis-
sionable material, or equipment or material 
especially designed or prepared for the 
processing, use, or production of special 
fissionable material, knowing that it is in-
tended to be used in a nuclear explosive ac-
tivity or in any other nuclear activity not 
under safeguards pursuant to an Inter-
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102 
national Atomic Energy Agency com-
prehensive safeguards agreement, except 
where— 
‘‘(I) such item is transported to 
or from the territory of, or otherwise 
under the control of, a Non-Prolifera-
tion Treaty State Party; and 
‘‘(II) the resulting transfer or re-
ceipt (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 signifi-
cantly contributes to the design or manu-
facture of a nuclear weapon or other nu-
clear explosive device, with the intention 
that it will be used for such purpose, ex-
cept where— 
‘‘(I) the country to the territory 
of which or under the control of which 
such item is transferred is a Nuclear 
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103 
Weapon State Party to the Non-Pro-
liferation Treaty; and 
‘‘(II) the resulting transfer or re-
ceipt (including internal to a country) 
is not contrary to the obligations 
under the Non-Proliferation Treaty of 
a 
Non-Proliferation 
Treaty 
State 
Party from which, to the territory of 
which, or otherwise under the control 
of which such item is transferred; 
‘‘(v) any equipment, materials, or 
software or related technology that signifi-
cantly contributes to the delivery of a nu-
clear weapon or other nuclear explosive de-
vice, 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-Prolifera-
tion Treaty State Party; and 
‘‘(II) such item is intended for 
the delivery system of a nuclear weap-
on or other nuclear explosive device of 
a Nuclear Weapon State Party to the 
Non-Proliferation Treaty; or 
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104 
‘‘(vi) any equipment, materials, or 
software or related technology that signifi-
cantly contributes to the design, manufac-
ture, or delivery of a biological or chemical 
weapon, with the intention that it will be 
used for such purpose; 
‘‘(C) transports another person on board a 
ship knowing that the person has committed an 
act that constitutes an offense under section 
2280 or subparagraph (A), (B), (D), or (E) of 
this section or an offense set forth in an appli-
cable 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 connec-
tion with the commission or the attempted com-
mission of any of the offenses set forth in sub-
paragraphs (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 con-
spires to do any act prohibited by subpara-
graphs (A) through (E) or subsection (a)(2), 
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105 
shall be fined under this title, imprisoned not more 
than 20 years, or both; and if the death of any per-
son results from conduct prohibited by this para-
graph, 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 para-
graph (1)(A) shall be fined under this title, impris-
oned 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 de-
fined 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; 
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106 
‘‘(B) during the commission of such activ-
ity, 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 sched-
uled 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 fa-
cilitate 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. 
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107 
‘‘(2) APPLICABLE PROCEDURES.—Seizures and for-
feitures under this section shall be governed by the provi-
sions of chapter 46 of title 18, United States Code, relat-
ing to civil forfeitures, except that such duties as are im-
posed upon the Secretary of the Treasury under the cus-
toms laws described in section 981(d) shall be performed 
by such officers, agents, and other persons as may be des-
ignated for that purpose by the Secretary of Homeland 
Security, the Attorney General, or the Secretary of De-
fense.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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 
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(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(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 plat-
form or discharges from a fixed platform 
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109 
any explosive or radioactive material, bio-
logical, 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 haz-
ardous or noxious substance that is not 
covered by clause (i), in such quantity or 
concentration that causes or is likely to 
cause death or serious injury or damage; 
‘‘(B) injures or kills any person in connec-
tion with the commission or the attempted com-
mission of any of the offenses set forth in sub-
paragraph (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 prohib-
ited under paragraph (1)(A), shall be fined under 
this title, imprisoned not more than 5 years, or both. 
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110 
‘‘(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 
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111 
‘‘(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 exploi-
tation of resources or for other economic purposes.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 111 of title 18, United 
States Code, is amended by adding after the item relating 
to section 2281 the following new item: 
‘‘2281a. Additional offenses against maritime fixed platforms.’’. 
SEC. 805. ANCILLARY MEASURE. 
Section 2332b(g)(5)(B) of title 18, United States 
Code, is amended by inserting ‘‘2280a (relating to mari-
time safety),’’ before ‘‘2281’’, and by striking ‘‘2281’’ and 
inserting ‘‘2281 through 2281a’’. 
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112 
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 substan-
tial damage to property or the environ-
ment; 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— 
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‘‘(i) with the intent to cause death or 
serious bodily injury or with the knowledge 
that such act is likely to cause death or se-
rious bodily injury; 
‘‘(ii) with the intent to cause substan-
tial damage to property or the environment 
or with the knowledge that such act is like-
ly to cause substantial damage to property 
or the environment; or 
‘‘(iii) with the intent to compel a per-
son, 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 radio-
active material, a device or a nuclear facility by 
threat or by use of force shall be punished as pre-
scribed in subsection (c). 
‘‘(3) ATTEMPTS AND CONSPIRACIES.—Whoever 
attempts to commit an offense under paragraph (1) 
or conspires to commit an offense under paragraph 
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(1) or (2) shall be punished as prescribed in sub-
section (c). 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States 
if— 
‘‘(1) the prohibited conduct takes place in the 
United States or the special aircraft jurisdiction of 
the United States; 
‘‘(2) the prohibited conduct takes place outside 
of the United States and— 
‘‘(A) is committed by a national of the 
United States, a United States corporation or 
legal entity or a stateless person whose habitual 
residence is in the United States; 
‘‘(B) is committed on board a vessel of the 
United States or a vessel subject to the jurisdic-
tion 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; 
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‘‘(3) the prohibited conduct takes place outside 
of the United States and a victim or an intended vic-
tim 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 impris-
oned 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 
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