H. R. 2048—3 
on, or after the date of the application relating to an 
authorized investigation (other than a threat assessment) 
conducted in accordance with subsection (a)(2) to protect 
against international terrorism, a statement of facts 
showing that— 
‘‘(i) there are reasonable grounds to believe that 
the call detail records sought to be produced based 
on the specific selection term required under subpara-
graph (A) are relevant to such investigation; and 
‘‘(ii) there is a reasonable, articulable suspicion 
that such specific selection term is associated with 
a foreign power engaged in international terrorism or 
activities in preparation therefor, or an agent of a 
foreign power engaged in international terrorism or 
activities in preparation therefor; and’’. 
(b) 
ORDER.—Section 
501(c)(2) 
(50 
U.S.C. 
1861(c)(2)) 
is 
amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in subparagraph (E), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(F) in the case of an application described in sub-
section (b)(2)(C), shall— 
‘‘(i) authorize the production on a daily basis of 
call detail records for a period not to exceed 180 days; 
‘‘(ii) provide that an order for such production may 
be extended upon application under subsection (b) and 
the judicial finding under paragraph (1) of this sub-
section; 
‘‘(iii) provide that the Government may require 
the prompt production of a first set of call detail records 
using the specific selection term that satisfies the 
standard required under subsection (b)(2)(C)(ii); 
‘‘(iv) provide that the Government may require 
the prompt production of a second set of call detail 
records using session-identifying information or a tele-
phone calling card number identified by the specific 
selection term used to produce call detail records under 
clause (iii); 
‘‘(v) provide that, when produced, such records be 
in a form that will be useful to the Government; 
‘‘(vi) direct each person the Government directs 
to produce call detail records under the order to furnish 
the Government forthwith all information, facilities, 
or technical assistance necessary to accomplish the 
production in such a manner as will protect the secrecy 
of the production and produce a minimum of inter-
ference with the services that such person is providing 
to each subject of the production; and 
‘‘(vii) direct the Government to— 
‘‘(I) 
adopt 
minimization 
procedures 
that 
require the prompt destruction of all call detail 
records produced under the order that the Govern-
ment determines are not foreign intelligence 
information; and
H. R. 2048—4 
‘‘(II) destroy all call detail records produced 
under the order as prescribed by such procedures.’’. 
SEC. 102. EMERGENCY AUTHORITY. 
(a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is amended by 
adding at the end the following new subsection: 
‘‘(i) EMERGENCY AUTHORITY
FOR PRODUCTION
OF TANGIBLE 
THINGS.— 
‘‘(1) Notwithstanding any other provision of this section, 
the Attorney General may require the emergency production 
of tangible things if the Attorney General— 
‘‘(A) reasonably determines that an emergency situa-
tion requires the production of tangible things before an 
order authorizing such production can with due diligence 
be obtained; 
‘‘(B) reasonably determines that the factual basis for 
the issuance of an order under this section to approve 
such production of tangible things exists; 
‘‘(C) informs, either personally or through a designee, 
a judge having jurisdiction under this section at the time 
the Attorney General requires the emergency production 
of tangible things that the decision has been made to 
employ the authority under this subsection; and 
‘‘(D) makes an application in accordance with this sec-
tion to a judge having jurisdiction under this section as 
soon as practicable, but not later than 7 days after the 
Attorney General requires the emergency production of 
tangible things under this subsection. 
‘‘(2) If the Attorney General requires the emergency produc-
tion of tangible things under paragraph (1), the Attorney Gen-
eral shall require that the minimization procedures required 
by this section for the issuance of a judicial order be followed. 
‘‘(3) In the absence of a judicial order approving the produc-
tion of tangible things under this subsection, the production 
shall terminate when the information sought is obtained, when 
the application for the order is denied, or after the expiration 
of 7 days from the time the Attorney General begins requiring 
the emergency production of such tangible things, whichever 
is earliest. 
‘‘(4) A denial of the application made under this subsection 
may be reviewed as provided in section 103. 
‘‘(5) If such application for approval is denied, or in any 
other case where the production of tangible things is terminated 
and no order is issued approving the production, no information 
obtained or evidence derived from such production shall be 
received in evidence or otherwise disclosed in any trial, hearing, 
or other proceeding in or before any court, grand jury, depart-
ment, office, agency, regulatory body, legislative committee, 
or other authority of the United States, a State, or a political 
subdivision thereof, and no information concerning any United 
States person acquired from such production shall subsequently 
be used or disclosed in any other manner by Federal officers 
or employees without the consent of such person, except with 
the approval of the Attorney General if the information 
indicates a threat of death or serious bodily harm to any 
person.
H. R. 2048—5 
‘‘(6) The Attorney General shall assess compliance with 
the requirements of paragraph (5).’’. 
(b) CONFORMING
AMENDMENT.—Section 501(d) (50 U.S.C. 
1861(d)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘pursuant to an order’’ and inserting ‘‘pursuant 
to an order issued or an emergency production required’’; 
(B) in subparagraph (A), by striking ‘‘such order’’ and 
inserting ‘‘such order or such emergency production’’; and 
(C) in subparagraph (B), by striking ‘‘the order’’ and 
inserting ‘‘the order or the emergency production’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘an order’’ and 
inserting ‘‘an order or emergency production’’; and 
(B) in subparagraph (B), by striking ‘‘an order’’ and 
inserting ‘‘an order or emergency production’’. 
SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS. 
(a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as 
amended by section 101(a) of this Act, is further amended by 
inserting before subparagraph (B), as redesignated by such section 
101(a) of this Act, the following new subparagraph: 
‘‘(A) a specific selection term to be used as the basis 
for the production of the tangible things sought;’’. 
(b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is amended— 
(1) in paragraph (2)(A), by striking the semicolon and 
inserting ‘‘, including each specific selection term to be used 
as the basis for the production;’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) No order issued under this subsection may authorize 
the collection of tangible things without the use of a specific 
selection term that meets the requirements of subsection 
(b)(2).’’. 
SEC. 104. JUDICIAL REVIEW. 
(a) MINIMIZATION PROCEDURES.— 
(1) 
JUDICIAL
REVIEW.—Section 
501(c)(1) 
(50 
U.S.C. 
1861(c)(1)) is amended by inserting after ‘‘subsections (a) and 
(b)’’ the following: ‘‘and that the minimization procedures sub-
mitted in accordance with subsection (b)(2)(D) meet the defini-
tion of minimization procedures under subsection (g)’’. 
(2) RULE
OF
CONSTRUCTION.—Section 501(g) (50 U.S.C. 
1861(g)) is amended by adding at the end the following new 
paragraph: 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall limit the authority of the court established under section 
103(a) to impose additional, particularized minimization proce-
dures with regard to the production, retention, or dissemination 
of nonpublicly available information concerning unconsenting 
United States persons, including additional, particularized 
procedures related to the destruction of information within 
a reasonable time period.’’. 
(3) TECHNICAL
AND
CONFORMING
AMENDMENT.—Section 
501(g)(1) (50 U.S.C. 1861(g)(1)) is amended— 
(A) by striking ‘‘Not later than 180 days after the 
date of the enactment of the USA PATRIOT Improvement
H. R. 2048—6 
and Reauthorization Act of 2005, the’’ and inserting ‘‘The’’; 
and 
(B) by inserting after ‘‘adopt’’ the following: ‘‘, and 
update as appropriate,’’. 
(b) ORDERS.—Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is 
amended— 
(1) in subparagraph (A)(i)— 
(A) by striking ‘‘that order’’ and inserting ‘‘the produc-
tion order or any nondisclosure order imposed in connection 
with the production order’’; and 
(B) by striking the second sentence; and 
(2) in subparagraph (C)— 
(A) by striking clause (ii); and 
(B) by redesignating clause (iii) as clause (ii). 
SEC. 105. LIABILITY PROTECTION. 
Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows: 
‘‘(e)(1) No cause of action shall lie in any court against a 
person who— 
‘‘(A) produces tangible things or provides information, facili-
ties, or technical assistance in accordance with an order issued 
or an emergency production required under this section; or 
‘‘(B) otherwise provides technical assistance to the Govern-
ment under this section or to implement the amendments made 
to this section by the USA FREEDOM Act of 2015. 
‘‘(2) A production or provision of information, facilities, or tech-
nical assistance described in paragraph (1) shall not be deemed 
to constitute a waiver of any privilege in any other proceeding 
or context.’’. 
SEC. 106. COMPENSATION FOR ASSISTANCE. 
Section 501 (50 U.S.C. 1861), as amended by section 102 of 
this Act, is further amended by adding at the end the following 
new subsection: 
‘‘(j) COMPENSATION.—The Government shall compensate a per-
son for reasonable expenses incurred for— 
‘‘(1) producing tangible things or providing information, 
facilities, or assistance in accordance with an order issued 
with respect to an application described in subsection (b)(2)(C) 
or an emergency production under subsection (i) that, to comply 
with subsection (i)(1)(D), requires an application described in 
subsection (b)(2)(C); or 
‘‘(2) otherwise providing technical assistance to the Govern-
ment under this section or to implement the amendments made 
to this section by the USA FREEDOM Act of 2015.’’. 
SEC. 107. DEFINITIONS. 
Section 501 (50 U.S.C. 1861), as amended by section 106 of 
this Act, is further amended by adding at the end the following 
new subsection: 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) IN GENERAL.—The terms ‘foreign power’, ‘agent of a 
foreign power’, ‘international terrorism’, ‘foreign intelligence 
information’, ‘Attorney General’, ‘United States person’, ‘United 
States’, ‘person’, and ‘State’ have the meanings provided those 
terms in section 101. 
‘‘(2) ADDRESS.—The term ‘address’ means a physical 
address or electronic address, such as an electronic mail address
H. R. 2048—7 
or temporarily assigned network address (including an Internet 
protocol address). 
‘‘(3) CALL DETAIL RECORD.—The term ‘call detail record’— 
‘‘(A) means session-identifying information (including 
an originating or terminating telephone number, an Inter-
national Mobile Subscriber Identity number, or an Inter-
national Mobile Station Equipment Identity number), a 
telephone calling card number, or the time or duration 
of a call; and 
‘‘(B) does not include— 
‘‘(i) the contents (as defined in section 2510(8) of 
title 18, United States Code) of any communication; 
‘‘(ii) the name, address, or financial information 
of a subscriber or customer; or 
‘‘(iii) cell site location or global positioning system 
information. 
‘‘(4) SPECIFIC SELECTION TERM.— 
‘‘(A) TANGIBLE THINGS.— 
‘‘(i) IN GENERAL.—Except as provided in subpara-
graph (B), a ‘specific selection term’— 
‘‘(I) is a term that specifically identifies a per-
son, account, address, or personal device, or any 
other specific identifier; and 
‘‘(II) is used to limit, to the greatest extent 
reasonably practicable, the scope of tangible things 
sought consistent with the purpose for seeking 
the tangible things. 
‘‘(ii) LIMITATION.—A specific selection term under 
clause (i) does not include an identifier that does not 
limit, to the greatest extent reasonably practicable, 
the scope of tangible things sought consistent with 
the purpose for seeking the tangible things, such as 
an identifier that— 
‘‘(I) identifies an electronic communication 
service provider (as that term is defined in section 
701) or a provider of remote computing service 
(as that term is defined in section 2711 of title 
18, United States Code), when not used as part 
of a specific identifier as described in clause (i), 
unless the provider is itself a subject of an author-
ized investigation for which the specific selection 
term is used as the basis for the production; or 
‘‘(II) identifies a broad geographic region, 
including the United States, a city, a county, a 
State, a zip code, or an area code, when not used 
as part of a specific identifier as described in clause 
(i). 
‘‘(iii) RULE
OF
CONSTRUCTION.—Nothing in this 
paragraph shall be construed to preclude the use of 
multiple terms or identifiers to meet the requirements 
of clause (i). 
‘‘(B) CALL DETAIL RECORD APPLICATIONS.—For purposes 
of an application submitted under subsection (b)(2)(C), the 
term ‘specific selection term’ means a term that specifically 
identifies an individual, account, or personal device.’’.
H. R. 2048—8 
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS 
ORDERS. 
Section 106A of the USA PATRIOT Improvement and Reauthor-
ization Act of 2005 (Public Law 109–177; 120 Stat. 200) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘and calendar years 
2012 through 2014’’ after ‘‘2006’’; 
(B) by striking paragraphs (2) and (3); 
(C) by redesignating paragraphs (4) and (5) as para-
graphs (2) and (3), respectively; and 
(D) in paragraph (3) (as so redesignated)— 
(i) by striking subparagraph (C) and inserting the 
following new subparagraph: 
‘‘(C) with respect to calendar years 2012 through 2014, 
an examination of the minimization procedures used in 
relation to orders under section 501 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861) and 
whether the minimization procedures adequately protect 
the constitutional rights of United States persons;’’; and 
(ii) in subparagraph (D), by striking ‘‘(as such term 
is defined in section 3(4) of the National Security Act 
of 1947 (50 U.S.C. 401a(4)))’’; 
(2) in subsection (c), by adding at the end the following 
new paragraph: 
‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.—Not later than 
1 year after the date of enactment of the USA FREEDOM 
Act of 2015, the Inspector General of the Department of Justice 
shall submit to the Committee on the Judiciary and the Select 
Committee on Intelligence of the Senate and the Committee 
on the Judiciary and the Permanent Select Committee on Intel-
ligence of the House of Representatives a report containing 
the results of the audit conducted under subsection (a) for 
calendar years 2012 through 2014.’’; 
(3) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; 
(4) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) INTELLIGENCE ASSESSMENT.— 
‘‘(1) IN GENERAL.—For the period beginning on January 
1, 2012, and ending on December 31, 2014, the Inspector Gen-
eral of the Intelligence Community shall assess— 
‘‘(A) the importance of the information acquired under 
title V of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861 et seq.) to the activities of the intelligence 
community; 
‘‘(B) the manner in which that information was col-
lected, retained, analyzed, and disseminated by the intel-
ligence community; 
‘‘(C) the minimization procedures used by elements 
of the intelligence community under such title and whether 
the minimization procedures adequately protect the con-
stitutional rights of United States persons; and 
‘‘(D) any minimization procedures proposed by an ele-
ment of the intelligence community under such title that 
were modified or denied by the court established under 
section 103(a) of such Act (50 U.S.C. 1803(a)).
H. R. 2048—9 
‘‘(2) SUBMISSION DATE FOR ASSESSMENT.—Not later than 
180 days after the date on which the Inspector General of 
the Department of Justice submits the report required under 
subsection (c)(3), the Inspector General of the Intelligence 
Community shall submit to the Committee on the Judiciary 
and the Select Committee on Intelligence of the Senate and 
the Committee on the Judiciary and the Permanent Select 
Committee on Intelligence of the House of Representatives a 
report containing the results of the assessment for calendar 
years 2012 through 2014.’’; 
(5) in subsection (e), as redesignated by paragraph (3)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a report under subsection (c)(1) 
or (c)(2)’’ and inserting ‘‘any report under subsection 
(c) or (d)’’; and 
(ii) by striking ‘‘Inspector General of the Depart-
ment of Justice’’ and inserting ‘‘Inspector General of 
the Department of Justice, the Inspector General of 
the Intelligence Community, and any Inspector Gen-
eral of an element of the intelligence community that 
prepares a report to assist the Inspector General of 
the Department of Justice or the Inspector General 
of the Intelligence Community in complying with the 
requirements of this section’’; and 
(B) in paragraph (2), by striking ‘‘the reports submitted 
under subsections (c)(1) and (c)(2)’’ and inserting ‘‘any 
report submitted under subsection (c) or (d)’’; 
(6) in subsection (f), as redesignated by paragraph (3)— 
(A) by striking ‘‘The reports submitted under sub-
sections (c)(1) and (c)(2)’’ and inserting ‘‘Each report sub-
mitted under subsection (c)’’; and 
(B) by striking ‘‘subsection (d)(2)’’ and inserting ‘‘sub-
section (e)(2)’’; and 
(7) by adding at the end the following new subsection: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) INTELLIGENCE
COMMUNITY.—The term ‘intelligence 
community’ has the meaning given that term in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003). 
‘‘(2) UNITED STATES PERSON.—The term ‘United States per-
son’ has the meaning given that term in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).’’. 
SEC. 109. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by sections 101 
through 103 shall take effect on the date that is 180 days after 
the date of the enactment of this Act. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be con-
strued to alter or eliminate the authority of the Government to 
obtain an order under title V of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861 et seq.) as in effect prior to the 
effective date described in subsection (a) during the period ending 
on such effective date. 
SEC. 110. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to authorize the produc-
tion of the contents (as such term is defined in section 2510(8) 
of title 18, United States Code) of any electronic communication 
from an electronic communication service provider (as such term
H. R. 2048—10 
is defined in section 701(b)(4) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.). 
TITLE II—FISA PEN REGISTER AND 
TRAP AND TRACE DEVICE REFORM 
SEC. 201. PROHIBITION ON BULK COLLECTION. 
(a) PROHIBITION.—Section 402(c) (50 U.S.C. 1842(c)) is 
amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in paragraph (2), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) a specific selection term to be used as the basis for 
the use of the pen register or trap and trace device.’’. 
(b) DEFINITION.—Section 401 (50 U.S.C. 1841) is amended by 
adding at the end the following new paragraph: 
‘‘(4)(A) The term ‘specific selection term’— 
‘‘(i) is a term that specifically identifies a person, 
account, address, or personal device, or any other specific 
identifier; and 
‘‘(ii) is used to limit, to the greatest extent reasonably 
practicable, the scope of information sought, consistent with 
the purpose for seeking the use of the pen register or 
trap and trace device. 
‘‘(B) A specific selection term under subparagraph (A) does 
not include an identifier that does not limit, to the greatest 
extent reasonably practicable, the scope of information sought, 
consistent with the purpose for seeking the use of the pen 
register or trap and trace device, such as an identifier that— 
‘‘(i) identifies an electronic communication service pro-
vider (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 subpara-
graph (A), unless the provider is itself a subject of an 
authorized investigation for which the specific selection 
term is used as the basis for the use; or 
‘‘(ii) identifies a broad geographic region, including the 
United States, a city, a county, a State, a zip code, or 
an area code, when not used as part of a specific identifier 
as described in subparagraph (A). 
‘‘(C) For purposes of subparagraph (A), the term ‘address’ 
means a physical address or electronic address, such as an 
electronic mail address or temporarily assigned network 
address (including an Internet protocol address). 
‘‘(D) Nothing in this paragraph shall be construed to pre-
clude the use of multiple terms or identifiers to meet the 
requirements of subparagraph (A).’’. 
SEC. 202. PRIVACY PROCEDURES. 
(a) IN GENERAL.—Section 402 (50 U.S.C. 1842) is amended 
by adding at the end the following new subsection: 
‘‘(h) PRIVACY PROCEDURES.—
H. R. 2048—11 
‘‘(1) IN GENERAL.—The Attorney General shall ensure that 
appropriate policies and procedures are in place to safeguard 
nonpublicly available information concerning United States per-
sons that is collected through the use of a pen register or 
trap and trace device installed under this section. Such policies 
and procedures shall, to the maximum extent practicable and 
consistent with the need to protect national security, include 
privacy protections that apply to the collection, retention, and 
use of information concerning United States persons. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
limits the authority of the court established under section 
103(a) or of the Attorney General to impose additional privacy 
or minimization procedures with regard to the installation or 
use of a pen register or trap and trace device.’’. 
(b) EMERGENCY AUTHORITY.—Section 403 (50 U.S.C. 1843) is 
amended by adding at the end the following new subsection: 
‘‘(d) PRIVACY PROCEDURES.—Information collected through the 
use of a pen register or trap and trace device installed under 
this section shall be subject to the policies and procedures required 
under section 402(h).’’. 
TITLE 
III—FISA 
ACQUISITIONS 
TAR-
GETING 
PERSONS 
OUTSIDE 
THE 
UNITED STATES REFORMS 
SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION. 
Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding 
at the end the following new subparagraph: 
‘‘(D) LIMITATION ON USE OF INFORMATION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), if the Court orders a correction of a deficiency 
in a certification or procedures under subparagraph 
(B), no information obtained or evidence derived pursu-
ant 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, depart-
ment, office, agency, regulatory body, legislative com-
mittee, or other authority of the United States, a State, 
or political subdivision thereof, and no information con-
cerning any United States person acquired pursuant 
to such part of such certification or procedures shall 
subsequently be used or disclosed in any other manner 
by Federal officers or employees without the consent 
of the United States person, except with the approval 
of the Attorney General if the information indicates 
a threat of death or serious bodily harm to any person. 
‘‘(ii) EXCEPTION.—If the Government corrects any 
deficiency identified by the order of the Court under 
subparagraph (B), the Court may permit the use or 
disclosure of information obtained before the date of 
the correction under such minimization procedures as 
the Court may approve for purposes of this clause.’’.
H. R. 2048—12 
TITLE IV—FOREIGN INTELLIGENCE 
SURVEILLANCE COURT REFORMS 
SEC. 401. APPOINTMENT OF AMICUS CURIAE. 
Section 103 (50 U.S.C. 1803) is amended by adding at the 
end the following new subsections: 
‘‘(i) AMICUS CURIAE.— 
‘‘(1) DESIGNATION.—The presiding judges of the courts 
established under subsections (a) and (b) shall, not later than 
180 days after the enactment of this subsection, jointly des-
ignate not fewer than 5 individuals to be eligible to serve 
as amicus curiae, who shall serve pursuant to rules the pre-
siding judges may establish. In designating such individuals, 
the presiding judges may consider individuals recommended 
by any source, including members of the Privacy and Civil 
Liberties Oversight Board, the judges determine appropriate. 
‘‘(2) AUTHORIZATION.—A court established under subsection 
(a) or (b), consistent with the requirement of subsection (c) 
and any other statutory requirement that the court act expedi-
tiously or within a stated time— 
‘‘(A) shall appoint an individual who has been des-
ignated under paragraph (1) to serve as amicus curiae 
to assist such court in the consideration of any application 
for an order or review that, in the opinion of the court, 
presents a novel or significant interpretation of the law, 
unless the court issues a finding that such appointment 
is not appropriate; and 
‘‘(B) may appoint an individual or organization to serve 
as amicus curiae, including to provide technical expertise, 
in any instance as such court deems appropriate or, upon 
motion, permit an individual or organization leave to file 
an amicus curiae brief. 
‘‘(3) QUALIFICATIONS OF AMICUS CURIAE.— 
‘‘(A) EXPERTISE.—Individuals designated under para-
graph (1) shall be persons who possess expertise in privacy 
and civil liberties, intelligence collection, communications 
technology, or any other area that may lend legal or tech-
nical expertise to a court established under subsection (a) 
or (b). 
‘‘(B) SECURITY
CLEARANCE.—Individuals designated 
pursuant to paragraph (1) shall be persons who are deter-
mined 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 information, if such access is nec-
essary to participate in the matters in which they may 
be appointed. 
‘‘(4) DUTIES.—If a court established under subsection (a) 
or (b) appoints an amicus curiae under paragraph (2)(A), the 
amicus curiae shall provide to the court, as appropriate— 
‘‘(A) legal arguments that advance the protection of 
individual privacy and civil liberties; 
‘‘(B) information related to intelligence collection or 
communications technology; or
H. R. 2048—13 
‘‘(C) legal arguments or information regarding any 
other area relevant to the issue presented to the court. 
‘‘(5) ASSISTANCE.—An amicus curiae appointed under para-
graph (2)(A) may request that the court designate or appoint 
additional amici curiae pursuant to paragraph (1) or paragraph 
(2), to be available to assist the amicus curiae. 
‘‘(6) ACCESS TO INFORMATION.— 
‘‘(A) IN GENERAL.—If a court established under sub-
section (a) or (b) appoints an amicus curiae under para-
graph (2), the amicus curiae— 
‘‘(i) shall have access to any legal precedent, 
application, certification, petition, motion, or such other 
materials that the court determines are relevant to 
the duties of the amicus curiae; and 
‘‘(ii) may, if the court determines that it is relevant 
to the duties of the amicus curiae, consult with any 
other individuals designated pursuant to paragraph 
(1) regarding information relevant to any assigned pro-
ceeding. 
‘‘(B) BRIEFINGS.—The Attorney General may periodi-
cally brief or provide relevant materials to individuals des-
ignated pursuant to paragraph (1) regarding constructions 
and interpretations of this Act and legal, technological, 
and other issues related to actions authorized by this Act. 
‘‘(C) CLASSIFIED INFORMATION.—An amicus curiae des-
ignated or appointed by the court may have access to 
classified documents, information, and other materials or 
proceedings only if that individual is eligible for access 
to classified information and to the extent consistent with 
the national security of the United States. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to require the Government to provide 
information to an amicus curiae appointed by the court 
that is privileged from disclosure. 
‘‘(7) NOTIFICATION.—A presiding judge of a court estab-
lished under subsection (a) or (b) shall notify the Attorney 
General of each exercise of the authority to appoint an indi-
vidual to serve as amicus curiae under paragraph (2). 
‘‘(8) ASSISTANCE.—A court established under subsection (a) 
or (b) may request and receive (including on a nonreimbursable 
basis) the assistance of the executive branch in the implementa-
tion of this subsection. 
‘‘(9) ADMINISTRATION.—A court established under sub-
section (a) or (b) may provide for the designation, appointment, 
removal, training, or other support for an individual designated 
to serve as amicus curiae under paragraph (1) or appointed 
to serve as amicus curiae under paragraph (2) in a manner 
that is not inconsistent with this subsection. 
‘‘(10) RECEIPT OF INFORMATION.—Nothing in this subsection 
shall limit the ability of a court established under subsection 
(a) or (b) to request or receive information or materials from, 
or otherwise communicate with, the Government or amicus 
curiae appointed under paragraph (2) on an ex parte basis, 
nor limit any special or heightened obligation in any ex parte 
communication or proceeding. 
‘‘(j) REVIEW OF FISA COURT DECISIONS.—Following issuance 
of an order under this Act, a court established under subsection
H. R. 2048—14 
(a) shall certify for review to the court established under subsection 
(b) any question of law that may affect resolution of the matter 
in controversy that the court determines warrants such review 
because of a need for uniformity or because consideration by the 
court established under subsection (b) would serve the interests 
of justice. Upon certification of a question of law under this sub-
section, the court established under subsection (b) may give binding 
instructions or require the entire record to be sent up for decision 
of the entire matter in controversy. 
‘‘(k) REVIEW OF FISA COURT OF REVIEW DECISIONS.— 
‘‘(1) CERTIFICATION.—For purposes of section 1254(2) of 
title 28, United States Code, the court of review established 
under subsection (b) shall be considered to be a court of appeals. 
‘‘(2) AMICUS
CURIAE
BRIEFING.—Upon certification of an 
application under paragraph (1), the Supreme Court of the 
United States may appoint an amicus curiae designated under 
subsection (i)(1), or any other person, to provide briefing or 
other assistance.’’. 
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS. 
(a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 et seq.) is 
amended— 
(1) in the heading, by striking ‘‘REPORTING REQUIRE-
MENT’’ and inserting ‘‘OVERSIGHT’’; and 
(2) by adding at the end the following new section: 
‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, 
AND OPINIONS. 
‘‘(a) DECLASSIFICATION REQUIRED.—Subject to subsection (b), 
the Director of National Intelligence, in consultation with the 
Attorney General, shall conduct a declassification review of each 
decision, order, or opinion issued by the Foreign Intelligence Surveil-
lance Court or the Foreign Intelligence Surveillance Court of Review 
(as defined in section 601(e)) that includes a significant construction 
or interpretation of any provision of law, including any novel or 
significant construction or interpretation of the term ‘specific selec-
tion term’, and, consistent with that review, make publicly available 
to the greatest extent practicable each such decision, order, or 
opinion. 
‘‘(b) REDACTED FORM.—The Director of National Intelligence, 
in consultation with the Attorney General, may satisfy the require-
ment 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 par-
ticular 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 Intel-
ligence—
H. R. 2048—15 
‘‘(A) summarizing the significant construction or 
interpretation of any provision of law, which shall include, 
to the extent consistent with national security, a description 
of the context in which the matter arises and any signifi-
cant construction or interpretation of any statute, constitu-
tional provision, or other legal authority relied on by the 
decision; and 
‘‘(B) that specifies that the statement has been pre-
pared by the Attorney General and constitutes no part 
of the opinion of the Foreign Intelligence Surveillance Court 
or the Foreign Intelligence Surveillance Court of Review.’’. 
(b) TABLE OF CONTENTS AMENDMENTS.—The table of contents 
in the first section is amended— 
(1) by striking the item relating to title VI and inserting 
the following new item: 
‘‘TITLE VI—OVERSIGHT’’; 
and 
(2) by inserting after the item relating to section 601 the 
following new item: 
‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’. 
TITLE V—NATIONAL SECURITY LETTER 
REFORM 
SEC. 501. PROHIBITION ON BULK COLLECTION. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND 
TRANSACTIONAL RECORDS.—Section 2709(b) of title 18, United 
States Code, is amended in the matter preceding paragraph (1) 
by striking ‘‘may’’ and inserting ‘‘may, using a term that specifically 
identifies a person, entity, telephone number, or account as the 
basis for a request’’. 
(b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN INTELLIGENCE 
AND PROTECTIVE PURPOSES.—Section 1114(a)(2) of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended 
by striking the period and inserting ‘‘and a term that specifically 
identifies a customer, entity, or account to be used as the basis 
for the production and disclosure of financial records.’’. 
(c) DISCLOSURES TO FBI OF CERTAIN CONSUMER RECORDS FOR 
COUNTERINTELLIGENCE PURPOSES.—Section 626 of the Fair Credit 
Reporting Act (15 U.S.C. 1681u) is amended— 
(1) in subsection (a), by striking ‘‘that information,’’ and 
inserting ‘‘that information that includes a term that specifically 
identifies a consumer or account to be used as the basis for 
the production of that information,’’; 
(2) in subsection (b), by striking ‘‘written request,’’ and 
inserting ‘‘written request that includes a term that specifically 
identifies a consumer or account to be used as the basis for 
the production of that information,’’; and 
(3) in subsection (c), by inserting ‘‘, which shall include 
a term that specifically identifies a consumer or account to 
be used as the basis for the production of the information,’’ 
after ‘‘issue an order ex parte’’. 
(d) DISCLOSURES TO GOVERNMENTAL AGENCIES FOR COUNTER-
TERRORISM PURPOSES OF CONSUMER REPORTS.—Section 627(a) of
H. R. 2048—16 
the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is amended 
by striking ‘‘analysis.’’ and inserting ‘‘analysis and that includes 
a term that specifically identifies a consumer or account to be 
used as the basis for the production of such information.’’. 
SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LET-
TERS. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND 
TRANSACTIONAL RECORDS.—Section 2709 of title 18, United States 
Code, is amended by striking subsection (c) and inserting the 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 wire or electronic 
communication service provider that receives a request 
under subsection (b), or officer, employee, or agent thereof, 
shall disclose to any person that the Federal Bureau of 
Investigation has sought or obtained access to information 
or records under this section. 
‘‘(B) CERTIFICATION.—The requirements of subpara-
graph (A) shall apply if the Director of the Federal Bureau 
of Investigation, or a designee of the Director whose rank 
shall be no lower than Deputy Assistant Director at Bureau 
headquarters or a Special Agent in Charge of a Bureau 
field office, certifies that the absence of a prohibition of 
disclosure under this subsection may result in— 
‘‘(i) a danger to the national security of the United 
States; 
‘‘(ii) interference with a criminal, counterterrorism, 
or counterintelligence investigation; 
‘‘(iii) interference with diplomatic relations; or 
‘‘(iv) danger to the life or physical safety of any 
person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A wire or electronic communication 
service provider that receives a request under subsection 
(b), or officer, employee, or agent thereof, may disclose 
information otherwise subject to any applicable nondisclo-
sure requirement to— 
‘‘(i) those persons to whom disclosure is necessary 
in order to comply with the request; 
‘‘(ii) an attorney in order to obtain legal advice 
or assistance regarding the request; or 
‘‘(iii) other persons as permitted by the Director 
of the Federal Bureau of Investigation or the designee 
of the Director. 
‘‘(B) APPLICATION.—A person to whom disclosure is 
made under subparagraph (A) shall be subject to the non-
disclosure requirements applicable to a person to whom 
a request is issued under subsection (b) in the same manner 
as the person to whom the request is issued. 
‘‘(C) NOTICE.—Any recipient that discloses to a person 
described in subparagraph (A) information otherwise sub-
ject to a nondisclosure requirement shall notify the person 
of the applicable nondisclosure requirement.
H. R. 2048—17 
‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS.—At 
the request of the Director of the Federal Bureau of Inves-
tigation or the designee of the Director, any person making 
or intending to make a disclosure under clause (i) or (iii) 
of subparagraph (A) shall identify to the Director or such 
designee the person to whom such disclosure will be made 
or to whom such disclosure was made prior to the request.’’. 
(b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN INTELLIGENCE 
AND PROTECTIVE PURPOSES.—Section 1114 of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414) is amended— 
(1) in subsection (a)(5), by striking subparagraph (D); and 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN GENERAL.—If a certification is issued under 
subparagraph (B) and notice of the right to judicial review 
under subsection (d) is provided, no financial institution 
that receives a request under subsection (a), or officer, 
employee, or agent thereof, shall disclose to any person 
that the Federal Bureau of Investigation has sought or 
obtained access to information or records under subsection 
(a). 
‘‘(B) CERTIFICATION.—The requirements of subpara-
graph (A) shall apply if the Director of the Federal Bureau 
of Investigation, or a designee of the Director whose rank 
shall be no lower than Deputy Assistant Director at Bureau 
headquarters or a Special Agent in Charge of a Bureau 
field office, certifies that the absence of a prohibition of 
disclosure under this subsection may result in— 
‘‘(i) a danger to the national security of the United 
States; 
‘‘(ii) interference with a criminal, counterterrorism, 
or counterintelligence investigation; 
‘‘(iii) interference with diplomatic relations; or 
‘‘(iv) danger to the life or physical safety of any 
person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A financial institution that receives 
a request under subsection (a), or officer, employee, or 
agent thereof, may disclose information otherwise subject 
to any applicable nondisclosure requirement to— 
‘‘(i) those persons to whom disclosure is necessary 
in order to comply with the request; 
‘‘(ii) an attorney in order to obtain legal advice 
or assistance regarding the request; or 
‘‘(iii) other persons as permitted by the Director 
of the Federal Bureau of Investigation or the designee 
of the Director. 
‘‘(B) APPLICATION.—A person to whom disclosure is 
made under subparagraph (A) shall be subject to the non-
disclosure requirements applicable to a person to whom 
a request is issued under subsection (a) in the same manner 
as the person to whom the request is issued.
H. R. 2048—18 
‘‘(C) NOTICE.—Any recipient that discloses to a person 
described in subparagraph (A) information otherwise sub-
ject to a nondisclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS.—At 
the request of the Director of the Federal Bureau of Inves-
tigation or the designee of the Director, any person making 
or intending to make a disclosure under clause (i) or (iii) 
of subparagraph (A) shall identify to the Director or such 
designee the person to whom such disclosure will be made 
or to whom such disclosure was made prior to the request.’’. 
(c) 
IDENTITY
OF
FINANCIAL
INSTITUTIONS
AND
CREDIT 
REPORTS.—Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) is amended by striking subsection (d) and inserting the 
following new subsection: 
‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN GENERAL.—If a certification is issued under 
subparagraph (B) and notice of the right to judicial review 
under subsection (e) is provided, no consumer reporting 
agency that receives a request under subsection (a) or 
(b) or an order under subsection (c), or officer, employee, 
or agent thereof, shall disclose or specify in any consumer 
report, that the Federal Bureau of Investigation has sought 
or obtained access to information or records under sub-
section (a), (b), or (c). 
‘‘(B) CERTIFICATION.—The requirements of subpara-
graph (A) shall apply if the Director of the Federal Bureau 
of Investigation, or a designee of the Director whose rank 
shall be no lower than Deputy Assistant Director at Bureau 
headquarters or a Special Agent in Charge of a Bureau 
field office, certifies that the absence of a prohibition of 
disclosure under this subsection may result in— 
‘‘(i) a danger to the national security of the United 
States; 
‘‘(ii) interference with a criminal, counterterrorism, 
or counterintelligence investigation; 
‘‘(iii) interference with diplomatic relations; or 
‘‘(iv) danger to the life or physical safety of any 
person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A consumer reporting agency that 
receives a request under subsection (a) or (b) or an order 
under subsection (c), or officer, employee, or agent thereof, 
may disclose information otherwise subject to any 
applicable nondisclosure requirement to— 
‘‘(i) those persons to whom disclosure is necessary 
in order to comply with the request; 
‘‘(ii) an attorney in order to obtain legal advice 
or assistance regarding the request; or 
‘‘(iii) other persons as permitted by the Director 
of the Federal Bureau of Investigation or the designee 
of the Director. 
‘‘(B) APPLICATION.—A person to whom disclosure is 
made under subparagraph (A) shall be subject to the non-
disclosure requirements applicable to a person to whom 
a request under subsection (a) or (b) or an order under
H. R. 2048—19 
subsection (c) is issued in the same manner as the person 
to whom the request is issued. 
‘‘(C) NOTICE.—Any recipient that discloses to a person 
described in subparagraph (A) information otherwise sub-
ject to a nondisclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS.—At 
the request of the Director of the Federal Bureau of Inves-
tigation or the designee of the Director, any person making 
or intending to make a disclosure under clause (i) or (iii) 
of subparagraph (A) shall identify to the Director or such 
designee the person to whom such disclosure will be made 
or to whom such disclosure was made prior to the request.’’. 
(d) CONSUMER
REPORTS.—Section 627 of the Fair Credit 
Reporting Act (15 U.S.C. 1681v) is amended by striking subsection 
(c) and inserting the following new subsection: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN GENERAL.—If a certification is issued under 
subparagraph (B) and notice of the right to judicial review 
under subsection (d) is provided, no consumer reporting 
agency that receives a request under subsection (a), or 
officer, employee, or agent thereof, shall disclose or specify 
in any consumer report, that a government agency 
described in subsection (a) has sought or obtained access 
to information or records under subsection (a). 
‘‘(B) CERTIFICATION.—The requirements of subpara-
graph (A) shall apply if the head of the government agency 
described in subsection (a), or a designee, certifies that 
the absence of a prohibition of disclosure under this sub-
section may result in— 
‘‘(i) a danger to the national security of the United 
States; 
‘‘(ii) interference with a criminal, counterterrorism, 
or counterintelligence investigation; 
‘‘(iii) interference with diplomatic relations; or 
‘‘(iv) danger to the life or physical safety of any 
person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A consumer reporting agency that 
receives a request under subsection (a), or officer, employee, 
or agent thereof, may disclose information otherwise subject 
to any applicable nondisclosure requirement to— 
‘‘(i) those persons to whom disclosure is necessary 
in order to comply with the request; 
‘‘(ii) an attorney in order to obtain legal advice 
or assistance regarding the request; or 
‘‘(iii) other persons as permitted by the head of 
the government agency described in subsection (a) or 
a designee. 
‘‘(B) APPLICATION.—A person to whom disclosure is 
made under subparagraph (A) shall be subject to the non-
disclosure requirements applicable to a person to whom 
a request under subsection (a) is issued in the same manner 
as the person to whom the request is issued.
H. R. 2048—20 
‘‘(C) NOTICE.—Any recipient that discloses to a person 
described in subparagraph (A) information otherwise sub-
ject to a nondisclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS.—At 
the request of the head of the government agency described 
in subsection (a) or a designee, any person making or 
intending to make a disclosure under clause (i) or (iii) 
of subparagraph (A) shall identify to the head or such 
designee the person to whom such disclosure will be made 
or to whom such disclosure was made prior to the request.’’. 
(e) INVESTIGATIONS OF PERSONS WITH ACCESS TO CLASSIFIED 
INFORMATION.—Section 802 of the National Security Act of 1947 
(50 U.S.C. 3162) is amended by striking subsection (b) and inserting 
the following new subsection: 
‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN GENERAL.—If a certification is issued under 
subparagraph (B) and notice of the right to judicial review 
under subsection (c) is provided, no governmental or private 
entity that receives a request under subsection (a), or 
officer, employee, or agent thereof, shall disclose to any 
person that an authorized investigative agency described 
in subsection (a) has sought or obtained access to informa-
tion under subsection (a). 
‘‘(B) CERTIFICATION.—The requirements of subpara-
graph (A) shall apply if the head of an authorized investiga-
tive agency described in subsection (a), or a designee, cer-
tifies that the absence of a prohibition of disclosure under 
this subsection may result in— 
‘‘(i) a danger to the national security of the United 
States; 
‘‘(ii) interference with a criminal, counterterrorism, 
or counterintelligence investigation; 
‘‘(iii) interference with diplomatic relations; or 
‘‘(iv) danger to the life or physical safety of any 
person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A governmental or private entity 
that receives a request under subsection (a), or officer, 
employee, or agent thereof, may disclose information other-
wise subject to any applicable nondisclosure requirement 
to— 
‘‘(i) those persons to whom disclosure is necessary 
in order to comply with the request; 
‘‘(ii) an attorney in order to obtain legal advice 
or assistance regarding the request; or 
‘‘(iii) other persons as permitted by the head of 
the authorized investigative agency described in sub-
section (a) or a designee. 
‘‘(B) APPLICATION.—A person to whom disclosure is 
made under subparagraph (A) shall be subject to the non-
disclosure requirements applicable to a person to whom 
a request is issued under subsection (a) in the same manner 
as the person to whom the request is issued.
H. R. 2048—21 
‘‘(C) NOTICE.—Any recipient that discloses to a person 
described in subparagraph (A) information otherwise sub-
ject to a nondisclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS.—At 
the request of the head of an authorized investigative 
agency described in subsection (a), or a designee, any per-
son making or intending to make a disclosure under clause 
(i) or (iii) of subparagraph (A) shall identify to the head 
of the authorized investigative agency or such designee 
the person to whom such disclosure will be made or to 
whom such disclosure was made prior to the request.’’. 
(f) TERMINATION PROCEDURES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Attorney General shall adopt 
procedures with respect to nondisclosure requirements issued 
pursuant to section 2709 of title 18, United States Code, section 
626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u 
and 1681v), section 1114 of the Right to Financial Privacy 
Act (12 U.S.C. 3414), or section 802 of the National Security 
Act of 1947 (50 U.S.C. 3162), as amended by this Act, to 
require— 
(A) the review at appropriate intervals of such a non-
disclosure requirement to assess whether the facts sup-
porting nondisclosure continue to exist; 
(B) the termination of such a nondisclosure require-
ment if the facts no longer support nondisclosure; and 
(C) appropriate notice to the recipient of the national 
security letter, or officer, employee, or agent thereof, subject 
to the nondisclosure requirement, and the applicable court 
as appropriate, that the nondisclosure requirement has 
been terminated. 
(2) REPORTING.—Upon adopting the procedures required 
under paragraph (1), the Attorney General shall submit the 
procedures to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representa-
tives. 
(g) JUDICIAL REVIEW.—Section 3511 of title 18, United States 
Code, is amended by striking subsection (b) and inserting the fol-
lowing new subsection: 
‘‘(b) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTICE.—If a recipient of a request or order for 
a report, records, or other information under section 2709 
of this title, section 626 or 627 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right 
to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 
802 of the National Security Act of 1947 (50 U.S.C. 3162), 
wishes to have a court review a nondisclosure requirement 
imposed in connection with the request or order, the 
recipient may notify the Government or file a petition 
for judicial review in any court described in subsection 
(a). 
‘‘(B) APPLICATION.—Not later than 30 days after the 
date of receipt of a notification under subparagraph (A), 
the Government shall apply for an order prohibiting the 
disclosure of the existence or contents of the relevant
H. R. 2048—22 
request or order. An application under this subparagraph 
may be filed in the district court of the United States 
for the judicial district in which the recipient of the order 
is doing business or in the district court of the United 
States for any judicial district within which the authorized 
investigation that is the basis for the request is being 
conducted. The applicable nondisclosure requirement shall 
remain in effect during the pendency of proceedings 
relating to the requirement. 
‘‘(C) CONSIDERATION.—A district court of the United 
States that receives a petition under subparagraph (A) 
or an application under subparagraph (B) should rule 
expeditiously, and shall, subject to paragraph (3), issue 
a nondisclosure order that includes conditions appropriate 
to the circumstances. 
‘‘(2) APPLICATION
CONTENTS.—An application for a non-
disclosure order or extension thereof or a response to a petition 
filed under paragraph (1) shall include a certification from 
the Attorney General, Deputy Attorney General, an Assistant 
Attorney General, or the Director of the Federal Bureau of 
Investigation, or a designee in a position not lower than Deputy 
Assistant Director at Bureau headquarters or a Special Agent 
in Charge in a Bureau field office designated by the Director, 
or in the case of a request by a department, agency, or 
instrumentality of the Federal Government other than the 
Department of Justice, the head or deputy head of the depart-
ment, agency, or instrumentality, containing a statement of 
specific facts indicating that the absence of a prohibition of 
disclosure under this subsection may result in— 
‘‘(A) a danger to the national security of the United 
States; 
‘‘(B) interference with a criminal, counterterrorism, or 
counterintelligence investigation; 
‘‘(C) interference with diplomatic relations; or 
‘‘(D) danger to the life or physical safety of any person. 
‘‘(3) STANDARD.—A district court of the United States shall 
issue a nondisclosure order or extension thereof under this 
subsection if the court determines that there is reason to believe 
that disclosure of the information subject to the nondisclosure 
requirement during the applicable time period may result in— 
‘‘(A) a danger to the national security of the United 
States; 
‘‘(B) interference with a criminal, counterterrorism, or 
counterintelligence investigation; 
‘‘(C) interference with diplomatic relations; or 
‘‘(D) danger to the life or physical safety of any person.’’. 
SEC. 503. JUDICIAL REVIEW. 
(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND 
TRANSACTIONAL RECORDS.—Section 2709 of title 18, United States 
Code, is amended— 
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) JUDICIAL REVIEW.—
H. R. 2048—23 
‘‘(1) IN
GENERAL.—A request under subsection (b) or a 
nondisclosure requirement imposed in connection with such 
request under subsection (c) shall be subject to judicial review 
under section 3511. 
‘‘(2) NOTICE.—A request under subsection (b) shall include 
notice of the availability of judicial review described in para-
graph (1).’’. 
(b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN INTELLIGENCE 
AND PROTECTIVE PURPOSES.—Section 1114 of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414) is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN
GENERAL.—A request under subsection (a) or a 
nondisclosure requirement imposed in connection with such 
request under subsection (c) shall be subject to judicial review 
under section 3511 of title 18, United States Code. 
‘‘(2) NOTICE.—A request under subsection (a) shall include 
notice of the availability of judicial review described in para-
graph (1).’’. 
(c) 
IDENTITY
OF
FINANCIAL
INSTITUTIONS
AND
CREDIT 
REPORTS.—Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) is amended— 
(1) by redesignating subsections (e) through (m) as sub-
sections (f) through (n), respectively; and 
(2) by inserting after subsection (d) the following new sub-
section: 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—A request under subsection (a) or (b) 
or an order under subsection (c) or a non-disclosure requirement 
imposed in connection with such request under subsection (d) 
shall be subject to judicial review under section 3511 of title 
18, United States Code. 
‘‘(2) NOTICE.—A request under subsection (a) or (b) or an 
order under subsection (c) shall include notice of the availability 
of judicial review described in paragraph (1).’’. 
(d) 
IDENTITY
OF
FINANCIAL
INSTITUTIONS
AND
CREDIT 
REPORTS.—Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
1681v) is amended— 
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN
GENERAL.—A request under subsection (a) or a 
non-disclosure requirement imposed in connection with such 
request under subsection (c) shall be subject to judicial review 
under section 3511 of title 18, United States Code. 
‘‘(2) NOTICE.—A request under subsection (a) shall include 
notice of the availability of judicial review described in para-
graph (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 sub-
sections (d) through (g), respectively; and
H. R. 2048—24 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) JUDICIAL REVIEW.— 
‘‘(1) IN
GENERAL.—A request under subsection (a) or a 
nondisclosure requirement imposed in connection with such 
request under subsection (b) shall be subject to judicial review 
under section 3511 of title 18, United States Code. 
‘‘(2) NOTICE.—A request under subsection (a) shall include 
notice of the availability of judicial review described in para-
graph (1).’’. 
TITLE VI—FISA TRANSPARENCY AND 
REPORTING REQUIREMENTS 
SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUC-
TION 
OF 
BUSINESS 
RECORDS; 
BUSINESS 
RECORDS 
COMPLIANCE REPORTS TO CONGRESS. 
(a) REPORTS SUBMITTED TO COMMITTEES.—Section 502(b) (50 
U.S.C. 1862(b)) is amended— 
(1) by redesignating paragraphs (1), (2), and (3) as para-
graphs (6), (7), and (8), respectively; and 
(2) by inserting before paragraph (6) (as so redesignated) 
the following new paragraphs: 
‘‘(1) a summary of all compliance reviews conducted by 
the Government for the production of tangible things under 
section 501; 
‘‘(2) the total number of applications described in section 
501(b)(2)(B) made for orders approving requests for the produc-
tion of tangible things; 
‘‘(3) the total number of such orders either granted, modi-
fied, or denied; 
‘‘(4) the total number of applications described in section 
501(b)(2)(C) made for orders approving requests for the produc-
tion of call detail records; 
‘‘(5) the total number of such orders either granted, modi-
fied, or denied;’’. 
(b) REPORTING ON CERTAIN TYPES OF PRODUCTION.—Section 
502(c)(1) (50 U.S.C. 1862(c)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’; 
(2) in subparagraph (B), by striking the period at the 
end and inserting a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
‘‘(C) the total number of applications made for orders 
approving requests for the production of tangible things under 
section 501 in which the specific selection term does not specifi-
cally identify an individual, account, or personal device; 
‘‘(D) the total number of orders described in subparagraph 
(C) either granted, modified, or denied; and 
‘‘(E) with respect to orders described in subparagraph (D) 
that have been granted or modified, whether the court estab-
lished under section 103 has directed additional, particularized 
minimization procedures beyond those adopted pursuant to sec-
tion 501(g).’’.
H. R. 2048—25 
SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT. 
(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), as amended 
by section 402 of this Act, is further amended by adding at the 
end the following new section: 
‘‘SEC. 603. ANNUAL REPORTS. 
‘‘(a) REPORT BY DIRECTOR OF THE ADMINISTRATIVE OFFICE OF 
THE UNITED STATES COURTS.— 
‘‘(1) REPORT REQUIRED.—The Director of the Administrative 
Office of the United States Courts shall annually submit to 
the Permanent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives and 
the Select Committee on Intelligence and the Committee on 
the Judiciary of the Senate, subject to a declassification review 
by the Attorney General and the Director of National Intel-
ligence, a report that includes— 
‘‘(A) the number of applications or certifications for 
orders submitted under each of sections 105, 304, 402, 
501, 702, 703, and 704; 
‘‘(B) the number of such orders granted under each 
of those sections; 
‘‘(C) the number of orders modified under each of those 
sections; 
‘‘(D) the number of applications or certifications denied 
under each of those sections; 
‘‘(E) the number of appointments of an individual to 
serve as amicus curiae under section 103, including the 
name of each individual appointed to serve as amicus 
curiae; and 
‘‘(F) the number of findings issued under section 103(i) 
that such appointment is not appropriate and the text 
of any such findings. 
‘‘(2) PUBLICATION.—The Director shall make the report 
required under paragraph (1) publicly available on an Internet 
Web site, except that the Director shall not make publicly 
available on an Internet Web site the findings described in 
subparagraph (F) of paragraph (1). 
‘‘(b) MANDATORY REPORTING BY DIRECTOR OF NATIONAL INTEL-
LIGENCE.—Except as provided in subsection (d), the Director of 
National Intelligence shall annually make publicly available on 
an Internet Web site a report that identifies, for the preceding 
12-month period— 
‘‘(1) the total number of orders issued pursuant to titles 
I and III and sections 703 and 704 and a good faith estimate 
of the number of targets of such orders; 
‘‘(2) the total number of orders issued pursuant to section 
702 and a good faith estimate of— 
‘‘(A) the number of search terms concerning a known 
United States person used to retrieve the unminimized 
contents of electronic communications or wire communica-
tions obtained through acquisitions authorized under such 
section, excluding the number of search terms used to 
prevent the return of information concerning a United 
States person; and 
‘‘(B) the number of queries concerning a known United 
States person of unminimized noncontents information
H. R. 2048—26 
relating to electronic communications or wire communica-
tions obtained through acquisitions authorized under such 
section, excluding the number of queries containing 
information used to prevent the return of information con-
cerning 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 commu-
nicate information collected pursuant to such orders; 
‘‘(4) the total number of orders issued pursuant to applica-
tions 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 commu-
nicate information collected pursuant to such orders; 
‘‘(5) the total number of orders issued pursuant to applica-
tions 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 commu-
nicate information collected pursuant to such orders; and 
‘‘(C) the number of search terms that included informa-
tion concerning a United States person that were used 
to query any database of call detail records obtained 
through the use of such orders; and 
‘‘(6) the total number of national security letters issued 
and the number of requests for information contained within 
such national security letters. 
‘‘(c) TIMING.—The annual reports required by subsections (a) 
and (b) shall be made publicly available during April of each year 
and include information relating to the previous calendar year. 
‘‘(d) EXCEPTIONS.— 
‘‘(1) STATEMENT
OF
NUMERICAL
RANGE.—If a good faith 
estimate required to be reported under subparagraph (B) of 
any of paragraphs (3), (4), or (5) of subsection (b) is fewer 
than 500, it shall be expressed as a numerical range of ‘fewer 
than 500’ and shall not be expressed as an individual number. 
‘‘(2) NONAPPLICABILITY TO CERTAIN INFORMATION.— 
‘‘(A) FEDERAL BUREAU OF INVESTIGATION.—Paragraphs 
(2)(A), (2)(B), and (5)(C) of subsection (b) shall not apply 
to information or records held by, or queries conducted 
by, the Federal Bureau of Investigation. 
‘‘(B) ELECTRONIC MAIL ADDRESS AND TELEPHONE NUM-
BERS.—Paragraph (3)(B) of subsection (b) shall not apply 
to orders resulting in the acquisition of information by 
the Federal Bureau of Investigation that does not include 
electronic mail addresses or telephone numbers. 
‘‘(3) CERTIFICATION.— 
‘‘(A) IN GENERAL.—If the Director of National Intel-
ligence concludes that a good faith estimate required to 
be reported under subsection (b)(2)(B) cannot be determined 
accurately because some but not all of the relevant ele-
ments of the intelligence community are able to provide 
such good faith estimate, the Director shall— 
‘‘(i) certify that conclusion in writing to the Select 
Committee on Intelligence and the Committee on the
H. R. 2048—27 
Judiciary of the Senate and the Permanent Select Com-
mittee on Intelligence and the Committee on the 
Judiciary of the House of Representatives; 
‘‘(ii) report the good faith estimate for those rel-
evant elements able to provide such good faith esti-
mate; 
‘‘(iii) explain when it is reasonably anticipated that 
such an estimate will be able to be determined fully 
and accurately; and 
‘‘(iv) make such certification publicly available on 
an Internet Web site. 
‘‘(B) FORM.—A certification described in subparagraph 
(A) shall be prepared in unclassified form, but may contain 
a classified annex. 
‘‘(C) TIMING.—If the Director of National Intelligence 
continues to conclude that the good faith estimates 
described in this paragraph cannot be determined 
accurately, the Director shall annually submit a certifi-
cation 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 secu-
rity letter’ means a request for a report, records, or other 
information under— 
‘‘(A) section 2709 of title 18, United States Code; 
‘‘(B) section 1114(a)(5)(A) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)); 
‘‘(C) subsection (a) or (b) of section 626 of the Fair 
Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or 
‘‘(D) section 627(a) of the Fair Credit Reporting Act 
(15 U.S.C. 1681v(a)). 
‘‘(4) UNITED STATES PERSON.—The term ‘United States per-
son’ means a citizen of the United States or an alien lawfully 
admitted for permanent residence (as defined in section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a))). 
‘‘(5) WIRE COMMUNICATION.—The term ‘wire communica-
tion’ has the meaning given that term under section 2510 
of title 18, United States Code.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents, 
as amended by section 402 of this Act, is further amended by 
inserting after the item relating to section 602, as added by section 
402 of this Act, the following new item: 
‘‘Sec. 603. Annual reports.’’. 
(c) PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.—Sec-
tion 118(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (18 U.S.C. 3511 note) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘United States’’; and 
(B) in subparagraph (A), by striking ‘‘, excluding the 
number of requests for subscriber information’’; 
(2) by redesignating paragraph (2) as paragraph (3); and
H. R. 2048—28 
(3) by inserting after paragraph (1) the following: 
‘‘(2) CONTENT.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), each report required under this subsection shall include 
a good faith estimate of the total number of requests 
described in paragraph (1) requiring disclosure of informa-
tion concerning— 
‘‘(i) United States persons; and 
‘‘(ii) persons who are not United States persons. 
‘‘(B) EXCEPTION.—With respect to the number of 
requests for subscriber information under section 2709 of 
title 18, United States Code, a report required under this 
subsection need not separate the number of requests into 
each of the categories described in subparagraph (A).’’. 
(d) STORED COMMUNICATIONS.—Section 2702(d) of title 18, 
United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in paragraph (2)(B), by striking the period and inserting 
‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) the number of accounts from which the Department 
of Justice has received voluntary disclosures under subsection 
(c)(4).’’. 
SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS. 
(a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), as amended 
by sections 402 and 602 of this Act, is further amended by adding 
at the end the following new section: 
‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS. 
‘‘(a) REPORTING.—A person subject to a nondisclosure require-
ment accompanying an order or directive under this Act or a 
national security letter may, with respect to such order, directive, 
or national security letter, publicly report the following information 
using one of the following structures: 
‘‘(1) A semiannual report that aggregates the number of 
orders, directives, or national security letters with which the 
person was required to comply into separate categories of— 
‘‘(A) the number of national security letters received, 
reported in bands of 1000 starting with 0–999; 
‘‘(B) the number of customer selectors targeted by 
national security letters, reported in bands of 1000 starting 
with 0–999; 
‘‘(C) the number of orders or directives received, com-
bined, under this Act for contents, reported in bands of 
1000 starting with 0–999; 
‘‘(D) the number of customer selectors targeted under 
orders or directives received, combined, under this Act for 
contents reported in bands of 1000 starting with 0–999; 
‘‘(E) the number of orders received under this Act 
for noncontents, reported in bands of 1000 starting with 
0–999; and 
‘‘(F) the number of customer selectors targeted under 
orders under this Act for noncontents, reported in bands 
of 1000 starting with 0–999, pursuant to— 
‘‘(i) title IV;
H. R. 2048—29 
‘‘(ii) title V with respect to applications described 
in section 501(b)(2)(B); and 
‘‘(iii) title V with respect to applications described 
in section 501(b)(2)(C). 
‘‘(2) A semiannual report that aggregates the number of 
orders, directives, or national security letters with which the 
person was required to comply into separate categories of— 
‘‘(A) the number of national security letters received, 
reported in bands of 500 starting with 0–499; 
‘‘(B) the number of customer selectors targeted by 
national security letters, reported in bands of 500 starting 
with 0–499; 
‘‘(C) the number of orders or directives received, com-
bined, under this Act for contents, reported in bands of 
500 starting with 0–499; 
‘‘(D) the number of customer selectors targeted under 
orders or directives received, combined, under this Act for 
contents, reported in bands of 500 starting with 0–499; 
‘‘(E) the number of orders received under this Act 
for noncontents, reported in bands of 500 starting with 
0–499; and 
‘‘(F) the number of customer selectors targeted under 
orders received under this Act for noncontents, reported 
in bands of 500 starting with 0–499. 
‘‘(3) A semiannual report that aggregates the number of 
orders, directives, or national security letters with which the 
person was required to comply in the into separate categories 
of— 
‘‘(A) the total number of all national security process 
received, including all national security letters, and orders 
or directives under this Act, combined, reported in bands 
of 250 starting with 0–249; and 
‘‘(B) the total number of customer selectors targeted 
under all national security process received, including all 
national security letters, and orders or directives under 
this Act, combined, reported in bands of 250 starting with 
0–249. 
‘‘(4) An annual report that aggregates the number of orders, 
directives, and national security letters the person was required 
to comply with into separate categories of— 
‘‘(A) the total number of all national security process 
received, including all national security letters, and orders 
or directives under this Act, combined, reported in bands 
of 100 starting with 0–99; and 
‘‘(B) the total number of customer selectors targeted 
under all national security process received, including all 
national security letters, and orders or directives under 
this Act, combined, reported in bands of 100 starting with 
0–99. 
‘‘(b) PERIOD OF TIME COVERED BY REPORTS.— 
‘‘(1) A report described in paragraph (1) or (2) of subsection 
(a) shall include only information— 
‘‘(A) relating to national security letters for the pre-
vious 180 days; and 
‘‘(B) relating to authorities under this Act for the 180- 
day period of time ending on the date that is not less 
than 180 days prior to the date of the publication of such
H. R. 2048—30 
report, except that with respect to a platform, product, 
or service for which a person did not previously receive 
an order or directive (not including an enhancement to 
or iteration of an existing publicly available platform, 
product, or service) such report shall not include any 
information relating to such new order or directive until 
540 days after the date on which such new order or direc-
tive is received. 
‘‘(2) A report described in paragraph (3) of subsection (a) 
shall include only information relating to the previous 180 
days. 
‘‘(3) A report described in paragraph (4) of subsection (a) 
shall include only information for the 1-year period of time 
ending on the date that is not less than 1 year prior to the 
date of the publication of such report. 
‘‘(c) OTHER FORMS OF AGREED TO PUBLICATION.—Nothing in 
this section prohibits the Government and any person from jointly 
agreeing to the publication of information referred to in this sub-
section in a time, form, or manner other than as described in 
this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONTENTS.—The term ‘contents’ has the meaning given 
that term under section 2510 of title 18, United States Code. 
‘‘(2) NATIONAL SECURITY LETTER.—The term ‘national secu-
rity letter’ has the meaning given that term under section 
603.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents, 
as amended by sections 402 and 602 of this Act, is further amended 
by inserting after the item relating to section 603, as added by 
section 602 of this Act, the following new item: 
‘‘Sec. 604. Public reporting by persons subject to orders.’’. 
SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND 
OPINIONS OF THE FOREIGN INTELLIGENCE SURVEIL-
LANCE 
COURT 
AND 
THE 
FOREIGN 
INTELLIGENCE 
SURVEILLANCE COURT OF REVIEW. 
Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read 
as follows: 
‘‘(1) not later than 45 days after the date on which the 
Foreign Intelligence Surveillance Court or the Foreign Intel-
ligence Surveillance Court of Review issues a decision, order, 
or opinion, including any denial or modification of an applica-
tion under this Act, that includes significant construction or 
interpretation of any provision of law or results in a change 
of application of any provision of this Act or a novel application 
of any provision of this Act, a copy of such decision, order, 
or opinion and any pleadings, applications, or memoranda of 
law associated with such decision, order, or opinion; and’’. 
SEC. 605. SUBMISSION OF REPORTS UNDER FISA. 
(a) ELECTRONIC SURVEILLANCE.—Section 108(a)(1) (50 U.S.C. 
1808(a)(1)) is amended by striking ‘‘the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence, and the Committee on the Judiciary of the Senate,’’ 
and inserting ‘‘the Permanent Select Committee on Intelligence 
and the Committee on the Judiciary of the House of Representatives
H. R. 2048—31 
and the Select Committee on Intelligence and the Committee on 
the Judiciary of the Senate’’. 
(b) PHYSICAL SEARCHES.—The matter preceding paragraph (1) 
of section 306 (50 U.S.C. 1826) is amended— 
(1) in the first sentence, by striking ‘‘Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate, and the 
Committee on the Judiciary of the Senate,’’ and inserting 
‘‘Permanent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives and 
the Select Committee on Intelligence and the Committee on 
the Judiciary of the Senate’’; and 
(2) in the second sentence, by striking ‘‘and the Committee 
on the Judiciary of the House of Representatives’’. 
(c) PEN REGISTERS AND TRAP AND TRACE DEVICES.—Section 
406(b) (50 U.S.C. 1846(b)) is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in paragraph (3), by striking the period and inserting 
a semicolon; and 
(3) by adding at the end the following new paragraphs: 
‘‘(4) each department or agency on behalf of which the 
Attorney General or a designated attorney for the Government 
has made an application for an order authorizing or approving 
the installation and use of a pen register or trap and trace 
device under this title; and 
‘‘(5) for each department or agency described in paragraph 
(4), each number described in paragraphs (1), (2), and (3).’’. 
(d) ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER TAN-
GIBLE THINGS.—Section 502(a) (50 U.S.C. 1862(a)) is amended by 
striking ‘‘Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence and 
the Committee on the Judiciary of the Senate’’ and inserting 
‘‘Permanent Select Committee on Intelligence and the Committee 
on the Judiciary of the House of Representatives and the Select 
Committee on Intelligence and the Committee on the Judiciary 
of the Senate’’. 
TITLE VII—ENHANCED NATIONAL 
SECURITY PROVISIONS 
SEC. 701. EMERGENCIES INVOLVING NON-UNITED STATES PERSONS. 
(a) IN GENERAL.—Section 105 (50 U.S.C. 1805) is amended— 
(1) by redesignating subsections (f), (g), (h), and (i) as 
subsections (g), (h), (i), and (j), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f)(1) Notwithstanding any other provision of this Act, the 
lawfully authorized targeting of a non-United States person pre-
viously believed to be located outside the United States for the 
acquisition of foreign intelligence information may continue for 
a period not to exceed 72 hours from the time that the non- 
United States person is reasonably believed to be located inside 
the United States and the acquisition is subject to this title or 
to title III of this Act, provided that the head of an element of 
the intelligence community—
H. R. 2048—32 
‘‘(A) reasonably determines that a lapse in the targeting 
of such non-United States person poses a threat of death or 
serious bodily harm to any person; 
‘‘(B) promptly notifies the Attorney General of a determina-
tion under subparagraph (A); and 
‘‘(C) requests, as soon as practicable, the employment of 
emergency electronic surveillance under subsection (e) or the 
employment of an emergency physical search pursuant to sec-
tion 304(e), as warranted. 
‘‘(2) The authority under this subsection to continue the acquisi-
tion of foreign intelligence information is limited to a period not 
to exceed 72 hours and shall cease upon the earlier of the following: 
‘‘(A) The employment of emergency electronic surveillance 
under subsection (e) or the employment of an emergency phys-
ical search pursuant to section 304(e). 
‘‘(B) An issuance of a court order under this title or title 
III of this Act. 
‘‘(C) The Attorney General provides direction that the 
acquisition be terminated. 
‘‘(D) The head of the element of the intelligence community 
conducting the acquisition determines that a request under 
paragraph (1)(C) is not warranted. 
‘‘(E) When the threat of death or serious bodily harm 
to any person is no longer reasonably believed to exist. 
‘‘(3) Nonpublicly available information concerning unconsenting 
United States persons acquired under this subsection shall not 
be disseminated during the 72 hour time period under paragraph 
(1) unless necessary to investigate, reduce, or eliminate the threat 
of death or serious bodily harm to any person. 
‘‘(4) If the Attorney General declines to authorize the employ-
ment of emergency electronic surveillance under subsection (e) or 
the employment of an emergency physical search pursuant to sec-
tion 304(e), or a court order is not obtained under this title or 
title III of this Act, information obtained during the 72 hour acquisi-
tion time period under paragraph (1) shall not be retained, except 
with the approval of the Attorney General if the information 
indicates a threat of death or serious bodily harm to any person. 
‘‘(5) Paragraphs (5) and (6) of subsection (e) shall apply to 
this subsection.’’. 
(b) NOTIFICATION OF EMERGENCY EMPLOYMENT OF ELECTRONIC 
SURVEILLANCE.—Section 106(j) (50 U.S.C. 1806(j)) is amended by 
striking ‘‘section 105(e)’’ and inserting ‘‘subsection (e) or (f) of section 
105’’. 
(c) REPORT
TO
CONGRESS.—Section 108(a)(2) (50 U.S.C. 
1808(a)(2)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at the end; 
(2) in subparagraph (C), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) the total number of authorizations under section 
105(f) and the total number of subsequent emergency 
employments of electronic surveillance under section 105(e) 
or emergency physical searches pursuant to section 301(e).’’.
H. R. 2048—33 
SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED STATES 
PERSONS TRAVELING OUTSIDE THE UNITED STATES AS 
AGENTS OF FOREIGN POWERS. 
Section 101(b)(1) is amended— 
(1) in subparagraph (A), by inserting before the semicolon 
at the end the following: ‘‘, irrespective of whether the person 
is inside the United States’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘of such person’s presence in the United 
States’’; and 
(B) by striking ‘‘such activities in the United States’’ 
and inserting ‘‘such activities’’. 
SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTERNATIONAL 
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION. 
Section 101(b)(1) is further amended by striking subparagraph 
(E) and inserting the following new subparagraph (E): 
‘‘(E) engages in the international proliferation of 
weapons of mass destruction, or activities in preparation 
therefor, for or on behalf of a foreign power, or knowingly 
aids or abets any person in the conduct of such proliferation 
or activities in preparation therefor, or knowingly conspires 
with any person to engage in such proliferation or activities 
in preparation therefor; or’’. 
SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUPPORT OF FOR-
EIGN TERRORIST ORGANIZATIONS. 
Section 2339B(a)(1) of title 18, United States Code, is amended 
by striking ‘‘15 years’’ and inserting ‘‘20 years’’. 
SEC. 705. SUNSETS. 
(a) USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT 
OF 2005.—Section 102(b)(1) of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended 
by striking ‘‘June 1, 2015’’ and inserting ‘‘December 15, 2019’’. 
(b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT 
OF 2004.—Section 6001(b)(1) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended 
by striking ‘‘June 1, 2015’’ and inserting ‘‘December 15, 2019’’. 
(c) CONFORMING AMENDMENT.—Section 102(b)(1) of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 
1805 note), as amended by subsection (a), is further amended by 
striking ‘‘sections 501, 502, and’’ and inserting ‘‘title V and section’’. 
TITLE 
VIII—SAFETY 
OF 
MARITIME 
NAVIGATION 
AND 
NUCLEAR 
TER-
RORISM CONVENTIONS IMPLEMENTA-
TION 
Subtitle A—Safety of Maritime Navigation 
SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED STATES 
CODE. 
Section 2280 of title 18, United States Code, is amended— 
(1) in subsection (b)—
H. R. 2048—34 
(A) in paragraph (1)(A)(i), by striking ‘‘a ship flying 
the flag of the United States’’ and inserting ‘‘a vessel of 
the United States or a vessel subject to the jurisdiction 
of the United States (as defined in section 70502 of title 
46)’’; 
(B) in paragraph (1)(A)(ii), by inserting ‘‘, including 
the territorial seas’’ after ‘‘in the United States’’; and 
(C) in paragraph (1)(A)(iii), by inserting ‘‘, by a United 
States corporation or legal entity,’’ after ‘‘by a national 
of the United States’’; 
(2) in subsection (c), by striking ‘‘section 2(c)’’ and inserting 
‘‘section 13(c)’’; 
(3) by striking subsection (d); 
(4) by striking subsection (e) and inserting after subsection 
(c) the following: 
‘‘(d) DEFINITIONS.—As used in this section, section 2280a, sec-
tion 2281, and section 2281a, the term— 
‘‘(1) ‘applicable treaty’ means— 
‘‘(A) the Convention for the Suppression of Unlawful 
Seizure of Aircraft, done at The Hague on 16 December 
1970; 
‘‘(B) the Convention for the Suppression of Unlawful 
Acts against the Safety of Civil Aviation, done at Montreal 
on 23 September 1971; 
‘‘(C) the Convention on the Prevention and Punishment 
of Crimes against Internationally Protected Persons, 
including Diplomatic Agents, adopted by the General 
Assembly of the United Nations on 14 December 1973; 
‘‘(D) International Convention against the Taking of 
Hostages, adopted by the General Assembly of the United 
Nations on 17 December 1979; 
‘‘(E) the Convention on the Physical Protection of 
Nuclear Material, done at Vienna on 26 October 1979; 
‘‘(F) the Protocol for the Suppression of Unlawful Acts 
of Violence at Airports Serving International Civil Aviation, 
supplementary to the Convention for the Suppression of 
Unlawful Acts against the Safety of Civil Aviation, done 
at Montreal on 24 February 1988; 
‘‘(G) the Protocol for the Suppression of Unlawful Acts 
against the Safety of Fixed Platforms Located on the Conti-
nental Shelf, done at Rome on 10 March 1988; 
‘‘(H) International Convention for the Suppression of 
Terrorist Bombings, adopted by the General Assembly of 
the United Nations on 15 December 1997; and 
‘‘(I) International Convention for the Suppression of 
the Financing of Terrorism, adopted by the General 
Assembly of the United Nations on 9 December 1999; 
‘‘(2) ‘armed conflict’ does not include internal disturbances 
and tensions, such as riots, isolated and sporadic acts of 
violence, and other acts of a similar nature; 
‘‘(3) ‘biological weapon’ means— 
‘‘(A) microbial or other biological agents, or toxins 
whatever their origin or method of production, of types 
and in quantities that have no justification for prophylactic, 
protective, or other peaceful purposes; or
H. R. 2048—35 
‘‘(B) weapons, equipment, or means of delivery designed 
to use such agents or toxins for hostile purposes or in 
armed conflict; 
‘‘(4) ‘chemical weapon’ means, together or separately— 
‘‘(A) toxic chemicals and their precursors, except where 
intended for— 
‘‘(i) industrial, agricultural, research, medical, 
pharmaceutical, or other peaceful purposes; 
‘‘(ii) protective purposes, namely those purposes 
directly related to protection against toxic chemicals 
and to protection against chemical weapons; 
‘‘(iii) military purposes not connected with the use 
of chemical weapons and not dependent on the use 
of the toxic properties of chemicals as a method of 
warfare; or 
‘‘(iv) law enforcement including domestic riot con-
trol purposes, 
as long as the types and quantities are consistent with 
such purposes; 
‘‘(B) munitions and devices, specifically designed to 
cause death or other harm through the toxic properties 
of those toxic chemicals specified in subparagraph (A), 
which would be released as a result of the employment 
of such munitions and devices; and 
‘‘(C) any equipment specifically designed for use 
directly in connection with the employment of munitions 
and devices specified in subparagraph (B); 
‘‘(5) ‘covered ship’ means a ship that is navigating or is 
scheduled to navigate into, through or from waters beyond 
the outer limit of the territorial sea of a single country or 
a lateral limit of that country’s territorial sea with an adjacent 
country; 
‘‘(6) ‘explosive material’ has the meaning given the term 
in section 841(c) and includes explosive as defined in section 
844(j) of this title; 
‘‘(7) ‘infrastructure facility’ has the meaning given the term 
in section 2332f(e)(5) of this title; 
‘‘(8) ‘international organization’ has the meaning given the 
term in section 831(f)(3) of this title; 
‘‘(9) ‘military forces of a state’ means the armed forces 
of a state which are organized, trained, and equipped under 
its internal law for the primary purpose of national defense 
or security, and persons acting in support of those armed forces 
who are under their formal command, control, and responsi-
bility; 
‘‘(10) ‘national of the United States’ has the meaning stated 
in section 101(a)(22) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(22)); 
‘‘(11) ‘Non-Proliferation Treaty’ means the Treaty on the 
Non-Proliferation of Nuclear Weapons, done at Washington, 
London, and Moscow on 1 July 1968; 
‘‘(12) ‘Non-Proliferation Treaty State Party’ means any 
State Party to the Non-Proliferation Treaty, to include Taiwan, 
which shall be considered to have the obligations under the 
Non-Proliferation Treaty of a party to that treaty other than 
a Nuclear Weapon State Party to the Non-Proliferation Treaty;
H. R. 2048—36 
‘‘(13) ‘Nuclear Weapon State Party to the Non-Proliferation 
Treaty’ means a State Party to the Non-Proliferation Treaty 
that is a nuclear-weapon State, as that term is defined in 
Article IX(3) of the Non-Proliferation Treaty; 
‘‘(14) ‘place of public use’ has the meaning given the term 
in section 2332f(e)(6) of this title; 
‘‘(15) ‘precursor’ has the meaning given the term in section 
229F(6)(A) of this title; 
‘‘(16) ‘public transport system’ has the meaning given the 
term in section 2332f(e)(7) of this title; 
‘‘(17) ‘serious injury or damage’ means— 
‘‘(A) serious bodily injury, 
‘‘(B) extensive destruction of a place of public use, 
State or government facility, infrastructure facility, or 
public transportation system, resulting in major economic 
loss, or 
‘‘(C) substantial damage to the environment, including 
air, soil, water, fauna, or flora; 
‘‘(18) ‘ship’ means a vessel of any type whatsoever not 
permanently attached to the sea-bed, including dynamically 
supported craft, submersibles, or any other floating craft, but 
does not include a warship, a ship owned or operated by a 
government when being used as a naval auxiliary or for customs 
or police purposes, or a ship which has been withdrawn from 
navigation or laid up; 
‘‘(19) ‘source material’ has the meaning given that term 
in the International Atomic Energy Agency Statute, done at 
New York on 26 October 1956; 
‘‘(20) ‘special fissionable material’ has the meaning given 
that term in the International Atomic Energy Agency Statute, 
done at New York on 26 October 1956; 
‘‘(21) ‘territorial sea of the United States’ means all waters 
extending seaward to 12 nautical miles from the baselines 
of the United States determined in accordance with inter-
national 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 effec-
tive control, including decisionmaking authority, over the move-
ment of a person or item; and 
‘‘(24) ‘United States’, when used in a geographical sense, 
includes the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, and all territories and posses-
sions of the United States.’’; and 
(5) by inserting after subsection (d) (as added by paragraph 
(4) of this section) the following: 
‘‘(e) EXCEPTIONS.—This section shall not apply to— 
‘‘(1) the activities of armed forces during an armed conflict, 
as those terms are understood under the law of war, which 
are governed by that law; or 
‘‘(2) activities undertaken by military forces of a state in 
the exercise of their official duties. 
‘‘(f) DELIVERY OF SUSPECTED OFFENDER.—The master of a cov-
ered ship flying the flag of the United States who has reasonable 
grounds to believe that there is on board that ship any person 
who has committed an offense under section 2280 or section 2280a 
may deliver such person to the authorities of a country that is
H. R. 2048—37 
a party to the Convention for the Suppression of Unlawful Acts 
against the Safety of Maritime Navigation. Before delivering such 
person to the authorities of another country, the master shall notify 
in an appropriate manner the Attorney General of the United 
States of the alleged offense and await instructions from the 
Attorney General as to what action to take. When delivering the 
person to a country which is a state party to the Convention, 
the master shall, whenever practicable, and if possible before 
entering the territorial sea of such country, notify the authorities 
of such country of the master’s intention to deliver such person 
and the reasons therefor. If the master delivers such person, the 
master shall furnish to the authorities of such country the evidence 
in the master’s possession that pertains to the alleged offense. 
‘‘(g)(1) CIVIL FORFEITURE.—Any real or personal property used 
or intended to be used to commit or to facilitate the commission 
of a violation of this section, the gross proceeds of such violation, 
and any real or personal property traceable to such property or 
proceeds, shall be subject to forfeiture. 
‘‘(2) APPLICABLE PROCEDURES.—Seizures and forfeitures under 
this section shall be governed by the provisions of chapter 46 
of title 18, United States Code, relating to civil forfeitures, except 
that such duties as are imposed upon the Secretary of the Treasury 
under the customs laws described in section 981(d) shall be per-
formed 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 Defense.’’. 
SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 111 of title 18, United States Code, 
is amended by adding after section 2280 the following new section: 
‘‘§ 2280a. Violence against maritime navigation and maritime 
transport involving weapons of mass destruction 
‘‘(a) OFFENSES.— 
‘‘(1) IN GENERAL.—Subject to the exceptions in subsection 
(c), a person who unlawfully and intentionally— 
‘‘(A) when the purpose of the act, by its nature or 
context, is to intimidate a population, or to compel a govern-
ment or an international organization to do or to abstain 
from doing any act— 
‘‘(i) uses against or on a ship or discharges from 
a ship any explosive or radioactive material, biological, 
chemical, or nuclear weapon or other nuclear explosive 
device in a manner that causes or is likely to cause 
death to any person or serious injury or damage; 
‘‘(ii) discharges from a ship oil, liquefied natural 
gas, or another hazardous or noxious substance that 
is not covered by clause (i), in such quantity or con-
centration that causes or is likely to cause death to 
any person or serious injury or damage; or 
‘‘(iii) uses a ship in a manner that causes death 
to any person or serious injury or damage; 
‘‘(B) transports on board a ship— 
‘‘(i) any explosive or radioactive material, knowing 
that it is intended to be used to cause, or in a threat 
to cause, death to any person or serious injury or 
damage for the purpose of intimidating a population,
H. R. 2048—38 
or compelling a government or an international 
organization to do or to abstain from doing any act; 
‘‘(ii) any biological, chemical, or nuclear weapon 
or other nuclear explosive device, knowing it to be 
a biological, chemical, or nuclear weapon or other 
nuclear explosive device; 
‘‘(iii) any source material, special fissionable mate-
rial, or equipment or material especially designed or 
prepared for the processing, use, or production of spe-
cial fissionable material, knowing that it is intended 
to be used in a nuclear explosive activity or in any 
other nuclear activity not under safeguards pursuant 
to an International Atomic Energy Agency comprehen-
sive safeguards agreement, except where— 
‘‘(I) such item is transported to or from the 
territory of, or otherwise under the control of, a 
Non-Proliferation Treaty State Party; and 
‘‘(II) the resulting transfer or receipt (including 
internal to a country) is not contrary to the obliga-
tions under the Non-Proliferation Treaty of the 
Non-Proliferation Treaty State Party from which, 
to the territory of which, or otherwise under the 
control of which such item is transferred; 
‘‘(iv) any equipment, materials, or software or 
related technology that significantly contributes to the 
design or manufacture of a nuclear weapon or other 
nuclear explosive device, with the intention that it 
will be used for such purpose, except where— 
‘‘(I) the country to the territory of which or 
under the control of which such item is transferred 
is a Nuclear Weapon State Party to the Non-Pro-
liferation Treaty; and 
‘‘(II) the resulting transfer or receipt (including 
internal to a country) is not contrary to the obliga-
tions under the Non-Proliferation Treaty of a Non- 
Proliferation Treaty State Party from which, to 
the territory of which, or otherwise under the con-
trol of which such item is transferred; 
‘‘(v) any equipment, materials, or software or 
related technology that significantly contributes to the 
delivery of a nuclear weapon or other nuclear explosive 
device, with the intention that it will be used for such 
purpose, except where— 
‘‘(I) such item is transported to or from the 
territory of, or otherwise under the control of, a 
Non-Proliferation Treaty State Party; and 
‘‘(II) such item is intended for the delivery 
system of a nuclear weapon or other nuclear explo-
sive device of a Nuclear Weapon State Party to 
the Non-Proliferation Treaty; or 
‘‘(vi) any equipment, materials, or software or 
related technology that significantly contributes to the 
design, manufacture, or delivery of a biological or 
chemical weapon, with the intention that it will be 
used for such purpose; 
‘‘(C) transports another person on board a ship knowing 
that the person has committed an act that constitutes
H. R. 2048—39 
an offense under section 2280 or subparagraph (A), (B), 
(D), or (E) of this section or an offense set forth in an 
applicable treaty, as specified in section 2280(d)(1), and 
intending to assist that person to evade criminal prosecu-
tion; 
‘‘(D) injures or kills any person in connection with 
the commission or the attempted commission of any of 
the offenses set forth in subparagraphs (A) through (C), 
or subsection (a)(2), to the extent that the subsection (a)(2) 
offense pertains to subparagraph (A); or 
‘‘(E) attempts to do any act prohibited under subpara-
graph (A), (B) or (D), or conspires to do any act prohibited 
by subparagraphs (A) through (E) or subsection (a)(2), 
shall be fined under this title, imprisoned not more than 20 
years, or both; and if the death of any person results from 
conduct prohibited by this paragraph, shall be imprisoned for 
any term of years or for life. 
‘‘(2) THREATS.—A person who threatens, with apparent 
determination and will to carry the threat into execution, to 
do any act prohibited under paragraph (1)(A) shall be fined 
under this title, imprisoned not more than 5 years, or both. 
‘‘(b) JURISDICTION.—There is jurisdiction over the activity 
prohibited in subsection (a)— 
‘‘(1) in the case of a covered ship, if— 
‘‘(A) such activity is committed— 
‘‘(i) against or on board a vessel of the United 
States or a vessel subject to the jurisdiction of the 
United States (as defined in section 70502 of title 
46) at the time the prohibited activity is committed; 
‘‘(ii) in the United States, including the territorial 
seas; or 
‘‘(iii) by a national of the United States, by a 
United States corporation or legal entity, or by a state-
less person whose habitual residence is in the United 
States; 
‘‘(B) during the commission of such activity, a national 
of the United States is seized, threatened, injured, or killed; 
or 
‘‘(C) the offender is later found in the United States 
after such activity is committed; 
‘‘(2) in the case of a ship navigating or scheduled to navigate 
solely within the territorial sea or internal waters of a country 
other than the United States, if the offender is later found 
in the United States after such activity is committed; or 
‘‘(3) in the case of any vessel, if such activity is committed 
in an attempt to compel the United States to do or abstain 
from doing any act. 
‘‘(c) EXCEPTIONS.—This section shall not apply to— 
‘‘(1) the activities of armed forces during an armed conflict, 
as those terms are understood under the law of war, which 
are governed by that law; or 
‘‘(2) activities undertaken by military forces of a state in 
the exercise of their official duties. 
‘‘(d)(1) CIVIL FORFEITURE.—Any real or personal property used 
or intended to be used to commit or to facilitate the commission 
of a violation of this section, the gross proceeds of such violation,
H. R. 2048—40 
and any real or personal property traceable to such property or 
proceeds, shall be subject to forfeiture. 
‘‘(2) APPLICABLE PROCEDURES.—Seizures and forfeitures under 
this section shall be governed by the provisions of chapter 46 
of title 18, United States Code, relating to civil forfeitures, except 
that such duties as are imposed upon the Secretary of the Treasury 
under the customs laws described in section 981(d) shall be per-
formed 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 Defense.’’. 
(b) CONFORMING AMENDMENT.—The table of sections at the 
beginning of chapter 111 of title 18, United States Code, is amended 
by adding after the item relating to section 2280 the following 
new item: 
‘‘2280a. Violence against maritime navigation and maritime transport involving 
weapons of mass destruction.’’. 
SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED STATES 
CODE. 
Section 2281 of title 18, United States Code, is amended— 
(1) in subsection (c), by striking ‘‘section 2(c)’’ and inserting 
‘‘section 13(c)’’; 
(2) in subsection (d), by striking the definitions of ‘‘national 
of the United States,’’ ‘‘territorial sea of the United States,’’ 
and ‘‘United States’’; and 
(3) by inserting after subsection (d) the following: 
‘‘(e) EXCEPTIONS.—This section does not apply to— 
‘‘(1) the activities of armed forces during an armed conflict, 
as those terms are understood under the law of war, which 
are governed by that law; or 
‘‘(2) activities undertaken by military forces of a state in 
the exercise of their official duties.’’. 
SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 111 of title 18, United States Code, 
is amended by adding after section 2281 the following new section: 
‘‘§ 2281a. Additional offenses against maritime fixed plat-
forms 
‘‘(a) OFFENSES.— 
‘‘(1) IN
GENERAL.—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 govern-
ment or an international organization to do or to abstain 
from doing any act— 
‘‘(i) uses against or on a fixed platform or dis-
charges from a fixed platform any explosive or radio-
active material, biological, chemical, or nuclear weapon 
in a manner that causes or is likely to cause death 
or serious injury or damage; or 
‘‘(ii) discharges from a fixed platform oil, liquefied 
natural gas, or another hazardous or noxious substance 
that is not covered by clause (i), in such quantity 
or concentration that causes or is likely to cause death 
or serious injury or damage;
H. R. 2048—41 
‘‘(B) injures or kills any person in connection with 
the commission or the attempted commission of any of 
the offenses set forth in subparagraph (A); or 
‘‘(C) attempts or conspires to do anything prohibited 
under subparagraph (A) or (B), 
shall be fined under this title, imprisoned not more than 20 
years, or both; and if death results to any person from conduct 
prohibited by this paragraph, shall be imprisoned for any term 
of years or for life. 
‘‘(2) THREAT TO SAFETY.—A person who threatens, with 
apparent determination and will to carry the threat into execu-
tion, to do any act prohibited under paragraph (1)(A), shall 
be fined under this title, imprisoned not more than 5 years, 
or both. 
‘‘(b) JURISDICTION.—There is jurisdiction over the activity 
prohibited in subsection (a) if— 
‘‘(1) such activity is committed against or on board a fixed 
platform— 
‘‘(A) that is located on the continental shelf of the 
United States; 
‘‘(B) that is located on the continental shelf of another 
country, by a national of the United States or by a stateless 
person whose habitual residence is in the United States; 
or 
‘‘(C) in an attempt to compel the United States to 
do or abstain from doing any act; 
‘‘(2) during the commission of such activity against or on 
board a fixed platform located on a continental shelf, a national 
of the United States is seized, threatened, injured, or killed; 
or 
‘‘(3) such activity is committed against or on board a fixed 
platform located outside the United States and beyond the 
continental shelf of the United States and the offender is later 
found in the United States. 
‘‘(c) EXCEPTIONS.—This section does not apply to— 
‘‘(1) the activities of armed forces during an armed conflict, 
as those terms are understood under the law of war, which 
are governed by that law; or 
‘‘(2) activities undertaken by military forces of a state in 
the exercise of their official duties. 
‘‘(d) DEFINITIONS.—In this section— 
‘‘(1) ‘continental shelf’ means the sea-bed and subsoil of 
the submarine areas that extend beyond a country’s territorial 
sea to the limits provided by customary international law as 
reflected in Article 76 of the 1982 Convention on the Law 
of the Sea; and 
‘‘(2) ‘fixed platform’ means an artificial island, installation, 
or structure permanently attached to the sea-bed for the pur-
pose of exploration or exploitation of resources or for other 
economic purposes.’’. 
(b) CONFORMING AMENDMENT.—The table of sections at the 
beginning of chapter 111 of title 18, United States Code, is amended 
by adding after the item relating to section 2281 the following 
new item: 
‘‘2281a. Additional offenses against maritime fixed platforms.’’.
H. R. 2048—42 
SEC. 805. ANCILLARY MEASURE. 
Section 2332b(g)(5)(B) of title 18, United States Code, is 
amended by inserting ‘‘2280a (relating to maritime safety),’’ before 
‘‘2281’’, and by striking ‘‘2281’’ and inserting ‘‘2281 through 2281a’’. 
Subtitle B—Prevention of Nuclear 
Terrorism 
SEC. 811. NEW SECTION 2332I OF TITLE 18, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 113B of title 18, United States Code, 
is amended by adding after section 2332h the following: 
‘‘§ 2332i. Acts of nuclear terrorism 
‘‘(a) OFFENSES.— 
‘‘(1) IN GENERAL.—Whoever knowingly and unlawfully— 
‘‘(A) possesses radioactive material or makes or pos-
sesses a device— 
‘‘(i) with the intent to cause death or serious bodily 
injury; or 
‘‘(ii) with the intent to cause substantial damage 
to property or the environment; or 
‘‘(B) uses in any way radioactive material or a device, 
or uses or damages or interferes with the operation of 
a nuclear facility in a manner that causes the release 
of or increases the risk of the release of radioactive mate-
rial, or causes radioactive contamination or exposure to 
radiation— 
‘‘(i) with the intent to cause death or serious bodily 
injury or with the knowledge that such act is likely 
to cause death or serious bodily injury; 
‘‘(ii) with the intent to cause substantial damage 
to property or the environment or with the knowledge 
that such act is likely to cause substantial damage 
to property or the environment; or 
‘‘(iii) with the intent to compel a person, an inter-
national organization or a country to do or refrain 
from doing an act, 
shall be punished as prescribed in subsection (c). 
‘‘(2) THREATS.—Whoever, under circumstances in which the 
threat may reasonably be believed, threatens to commit an 
offense under paragraph (1) shall be punished as prescribed 
in subsection (c). Whoever demands possession of or access 
to radioactive material, a device or a nuclear facility by threat 
or by use of force shall be punished as prescribed in subsection 
(c). 
‘‘(3) ATTEMPTS AND CONSPIRACIES.—Whoever attempts to 
commit an offense under paragraph (1) or conspires to commit 
an offense under paragraph (1) or (2) shall be punished as 
prescribed in subsection (c). 
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if— 
‘‘(1) the prohibited conduct takes place in the United States 
or the special aircraft jurisdiction of the United States; 
‘‘(2) the prohibited conduct takes place outside of the United 
States and—
H. R. 2048—43 
‘‘(A) is committed by a national of the United States, 
a United States corporation or legal entity or a stateless 
person whose habitual residence is in the United States; 
‘‘(B) is committed on board a vessel of the United 
States or a vessel subject to the jurisdiction of the United 
States (as defined in section 70502 of title 46) or on board 
an aircraft that is registered under United States law, 
at the time the offense is committed; or 
‘‘(C) is committed in an attempt to compel the United 
States to do or abstain from doing any act, or constitutes 
a threat directed at the United States; 
‘‘(3) the prohibited conduct takes place outside of the United 
States and a victim or an intended victim is a national of 
the United States or a United States corporation or legal entity, 
or the offense is committed against any state or government 
facility of the United States; or 
‘‘(4) a perpetrator of the prohibited conduct is found in 
the United States. 
‘‘(c) PENALTIES.—Whoever violates this section shall be fined 
not more than $2,000,000 and shall be imprisoned for any term 
of years or for life. 
‘‘(d) NONAPPLICABILITY.—This section does not apply to— 
‘‘(1) the activities of armed forces during an armed conflict, 
as those terms are understood under the law of war, which 
are governed by that law; or 
‘‘(2) activities undertaken by military forces of a state in 
the exercise of their official duties. 
‘‘(e) DEFINITIONS.—As used in this section, the term— 
‘‘(1) ‘armed conflict’ has the meaning given that term in 
section 2332f(e)(11) of this title; 
‘‘(2) ‘device’ means: 
‘‘(A) any nuclear explosive device; or 
‘‘(B) any radioactive material dispersal or radiation- 
emitting device that may, owing to its radiological prop-
erties, cause death, serious bodily injury or substantial 
damage to property or the environment; 
‘‘(3) ‘international organization’ has the meaning given that 
term in section 831(f)(3) of this title; 
‘‘(4) ‘military forces of a state’ means the armed forces 
of a country that are organized, trained and equipped under 
its internal law for the primary purpose of national defense 
or security and persons acting in support of those armed forces 
who are under their formal command, control and responsi-
bility; 
‘‘(5) ‘national of the United States’ has the meaning given 
that term in section 101(a)(22) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(22)); 
‘‘(6) ‘nuclear facility’ means: 
‘‘(A) any nuclear reactor, including reactors on vessels, 
vehicles, aircraft or space objects for use as an energy 
source in order to propel such vessels, vehicles, aircraft 
or space objects or for any other purpose; 
‘‘(B) any plant or conveyance being used for the produc-
tion, storage, processing or transport of radioactive mate-
rial; or
H. R. 2048—44 
‘‘(C) a facility (including associated buildings and 
equipment) in which nuclear material is produced, proc-
essed, used, handled, stored or disposed of, if damage to 
or interference with such facility could lead to the release 
of significant amounts of radiation or radioactive material; 
‘‘(7) ‘nuclear material’ has the meaning given that term 
in section 831(f)(1) of this title; 
‘‘(8) ‘radioactive material’ means nuclear material and other 
radioactive substances that contain nuclides that undergo 
spontaneous disintegration (a process accompanied by emission 
of one or more types of ionizing radiation, such as alpha- 
, beta-, neutron particles and gamma rays) and that may, 
owing to their radiological or fissile properties, cause death, 
serious bodily injury or substantial damage to property or to 
the environment; 
‘‘(9) ‘serious bodily injury’ has the meaning given that 
term in section 831(f)(4) of this title; 
‘‘(10) ‘state’ has the same meaning as that term has under 
international law, and includes all political subdivisions thereof; 
‘‘(11) ‘state or government facility’ has the meaning given 
that term in section 2332f(e)(3) of this title; 
‘‘(12) ‘United States corporation or legal entity’ means any 
corporation or other entity organized under the laws of the 
United States or any State, Commonwealth, territory, posses-
sion or district of the United States; 
‘‘(13) ‘vessel’ has the meaning given that term in section 
1502(19) of title 33; and 
‘‘(14) ‘vessel of the United States’ has the meaning given 
that term in section 70502 of title 46.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 113B of title 18, United States Code, is amended 
by inserting after the item relating to section 2332h the following: 
‘‘2332i. Acts of nuclear terrorism.’’. 
(c) DISCLAIMER.—Nothing contained in this section is intended 
to affect the applicability of any other Federal or State law that 
might pertain to the underlying conduct. 
(d) INCLUSION
IN DEFINITION
OF FEDERAL CRIMES
OF TER-
RORISM.—Section 2332b(g)(5)(B) of title 18, United States Code, 
is amended by inserting ‘‘2332i (relating to acts of nuclear ter-
rorism),’’ before ‘‘2339 (relating to harboring terrorists)’’. 
SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED STATES 
CODE. 
Section 831 of title 18, United States Code, is amended— 
(a) in subsection (a)— 
(1) by redesignating paragraphs (3) through (8) as para-
graphs (4) through (9); 
(2) by inserting after paragraph (2) the following: 
‘‘(3) without lawful authority, intentionally carries, sends 
or moves nuclear material into or out of a country;’’; 
(3) in paragraph (8), as redesignated, by striking ‘‘an offense 
under paragraph (1), (2), (3), or (4)’’ and inserting ‘‘any act 
prohibited under paragraphs (1) through (5)’’; and 
(4) in paragraph (9), as redesignated, by striking ‘‘an offense 
under paragraph (1), (2), (3), or (4)’’ and inserting ‘‘any act 
prohibited under paragraphs (1) through (7)’’;
H. R. 2048—45 
(b) in subsection (b)— 
(1) in paragraph (1), by striking ‘‘(7)’’ and inserting ‘‘(8)’’; 
and 
(2) in paragraph (2), by striking ‘‘(8)’’ and inserting ‘‘(9)’’; 
(c) in subsection (c)— 
(1) in subparagraph (2)(A), by adding after ‘‘United States’’ 
the following: ‘‘or a stateless person whose habitual residence 
is in the United States’’; 
(2) by striking paragraph (5); 
(3) in paragraph (4), by striking ‘‘or’’ at the end; and 
(4) by inserting after paragraph (4), the following: 
‘‘(5) the offense is committed on board a vessel of the 
United States or a vessel subject to the jurisdiction of the 
United States (as defined in section 70502 of title 46) or on 
board an aircraft that is registered under United States law, 
at the time the offense is committed; 
‘‘(6) the offense is committed outside the United States 
and against any state or government facility of the United 
States; or 
‘‘(7) the offense is committed in an attempt to compel 
the United States to do or abstain from doing any act, or 
constitutes a threat directed at the United States.’’; 
(d) by redesignating subsections (d) through (f) as (e) through 
(g), respectively; 
(e) by inserting after subsection (c) the following: 
‘‘(d) NONAPPLICABILITY.—This section does not apply to— 
‘‘(1) the activities of armed forces during an armed conflict, 
as those terms are understood under the law of war, which 
are governed by that law; or 
‘‘(2) activities undertaken by military forces of a state in 
the exercise of their official duties.’’; and 
(f) in subsection (g), as redesignated— 
(1) in paragraph (6), by striking ‘‘and’’ at the end; 
(2) in paragraph (7), by striking the period at the end 
and inserting a semicolon; and 
(3) by inserting after paragraph (7), the following: 
‘‘(8) the term ‘armed conflict’ has the meaning given that 
term in section 2332f(e)(11) of this title; 
‘‘(9) the term ‘military forces of a state’ means the armed 
forces of a country that are organized, trained and equipped 
under its internal law for the primary purpose of national 
defense or security and persons acting in support of those 
armed forces who are under their formal command, control 
and responsibility; 
‘‘(10) the term ‘state’ has the same meaning as that term 
has under international law, and includes all political subdivi-
sions thereof; 
‘‘(11) the term ‘state or government facility’ has the 
meaning given that term in section 2332f(e)(3) of this title; 
and
H. R. 2048—46 
‘‘(12) the term ‘vessel of the United States’ has the meaning 
given that term in section 70502 of title 46.’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.