[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2048 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2048

  To reform the authorities of the Federal Government to require the 
      production of certain business records, conduct electronic 
  surveillance, use pen registers and trap and trace devices, and use 
    other forms of information gathering for foreign intelligence, 
    counterterrorism, and criminal purposes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2015

Mr. Sensenbrenner (for himself, Mr. Goodlatte, Mr. Conyers, Mr. Franks 
 of Arizona, Mr. Nadler, Mr. Gowdy, Mr. Issa, Mr. Forbes, Ms. Jackson 
    Lee, Mr. Pierluisi, Ms. Judy Chu of California, Mr. Deutch, Mr. 
  Gutieerrez, Mr. Richmond, Mr. Jeffries, Mr. Cicilline, Ms. DelBene, 
 Mrs. Mimi Walters of California, Mr. Trott, Mr. Cohen, Mr. Johnson of 
 Georgia, and Mr. Farenthold) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Select Committee on Intelligence (Permanent Select) and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To reform the authorities of the Federal Government to require the 
      production of certain business records, conduct electronic 
  surveillance, use pen registers and trap and trace devices, and use 
    other forms of information gathering for foreign intelligence, 
    counterterrorism, and criminal purposes, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uniting and 
Strengthening America by Fulfilling Rights and Ensuring Effective 
Discipline Over Monitoring Act of 2015'' or the ``USA FREEDOM Act of 
2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 
                            1978.
                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector General reports on business records orders.
Sec. 109. Effective date.
Sec. 110. Rule of construction.
      TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.
   TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED 
                             STATES REFORMS

Sec. 301. Limits on use of unlawfully obtained information.
       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.
                TITLE V--NATIONAL SECURITY LETTER REFORM

Sec. 501. Prohibition on bulk collection.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.
         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

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

Sec. 701. Emergencies involving non-United States persons.
Sec. 702. Preservation of treatment of non-United States persons 
                            traveling outside the United States as 
                            agents of foreign powers.
Sec. 703. Improvement to investigations of international proliferation 
                            of weapons of mass destruction.
Sec. 704. Increase in penalties for material support of foreign 
                            terrorist organizations.
Sec. 705. Sunsets.
    TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM 
                       CONVENTIONS IMPLEMENTATION

               Subtitle A--Safety of Maritime Navigation

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

Sec. 811. New section 2332i of title 18, United States Code.
Sec. 812. Amendment to section 831 of title 18, United States Code.

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                 TITLE I--FISA BUSINESS RECORDS REFORMS

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

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

SEC. 102. EMERGENCY AUTHORITY.

    (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding 
at the end the following new subsection:
    ``(i) Emergency Authority for Production of Tangible Things.--
            ``(1) Notwithstanding any other provision of this section, 
        the Attorney General may require the emergency production of 
        tangible things if the Attorney General--
                    ``(A) reasonably determines that an emergency 
                situation requires the production of tangible things 
                before an order authorizing such production can with 
                due diligence be obtained;
                    ``(B) reasonably determines that the factual basis 
                for the issuance of an order under this section to 
                approve such production of tangible things exists;
                    ``(C) informs, either personally or through a 
                designee, a judge having jurisdiction under this 
                section at the time the Attorney General requires the 
                emergency production of tangible things that the 
                decision has been made to employ the authority under 
                this subsection; and
                    ``(D) makes an application in accordance with this 
                section to a judge having jurisdiction under this 
                section as soon as practicable, but not later than 7 
                days after the Attorney General requires the emergency 
                production of tangible things under this subsection.
            ``(2) If the Attorney General requires the emergency 
        production of tangible things under paragraph (1), the Attorney 
        General shall require that the minimization procedures required 
        by this section for the issuance of a judicial order be 
        followed.
            ``(3) In the absence of a judicial order approving the 
        production of tangible things under this subsection, the 
        production shall terminate when the information sought is 
        obtained, when the application for the order is denied, or 
        after the expiration of 7 days from the time the Attorney 
        General begins requiring the emergency production of such 
        tangible things, whichever is earliest.
            ``(4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
            ``(5) If such application for approval is denied, or in any 
        other case where the production of tangible things is 
        terminated and no order is issued approving the production, no 
        information obtained or evidence derived from such production 
        shall be received in evidence or otherwise disclosed in any 
        trial, hearing, or other proceeding in or before any court, 
        grand jury, department, office, agency, regulatory body, 
        legislative committee, or other authority of the United States, 
        a State, or a political subdivision thereof, and no information 
        concerning any United States person acquired from such 
        production shall subsequently be used or disclosed in any other 
        manner by Federal officers or employees without the consent of 
        such person, except with the approval of the Attorney General 
        if the information indicates a threat of death or serious 
        bodily harm to any person.
            ``(6) The Attorney General shall assess compliance with the 
        requirements of paragraph (5).''.
    (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``pursuant to an order'' and inserting 
                ``pursuant to an order issued or an emergency 
                production required'';
                    (B) in subparagraph (A), by striking ``such order'' 
                and inserting ``such order or such emergency 
                production''; and
                    (C) in subparagraph (B), by striking ``the order'' 
                and inserting ``the order or the emergency 
                production''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``an order'' 
                and inserting ``an order or emergency production''; and
                    (B) in subparagraph (B), by striking ``an order'' 
                and inserting ``an order or emergency production''.

SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as 
amended by section 101(a) of this Act, is further amended by inserting 
before subparagraph (B), as redesignated by such section 101(a) of this 
Act, the following new subparagraph:
                    ``(A) a specific selection term to be used as the 
                basis for the production of the tangible things 
                sought;''.
    (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (2)(A), by striking the semicolon and 
        inserting ``, including each specific selection term to be used 
        as the basis for the production;''; and
            (2) by adding at the end the following new paragraph:
            ``(3) No order issued under this subsection may authorize 
        the collection of tangible things without the use of a specific 
        selection term that meets the requirements of subsection 
        (b)(2).''.

SEC. 104. JUDICIAL REVIEW.

    (a) Minimization Procedures.--
            (1) Judicial review.--Section 501(c)(1) (50 U.S.C. 
        1861(c)(1)) is amended by inserting after ``subsections (a) and 
        (b)'' the following: ``and that the minimization procedures 
        submitted in accordance with subsection (b)(2)(D) meet the 
        definition of minimization procedures under subsection (g)''.
            (2) Rule of construction.--Section 501(g) (50 U.S.C. 
        1861(g)) is amended by adding at the end the following new 
        paragraph:
            ``(3) Rule of construction.--Nothing in this subsection 
        shall limit the authority of the court established under 
        section 103(a) to impose additional, particularized 
        minimization procedures with regard to the production, 
        retention, or dissemination of nonpublicly available 
        information concerning unconsenting United States persons, 
        including additional, particularized procedures related to the 
        destruction of information within a reasonable time period.''.
            (3) Technical and conforming amendment.--Section 501(g)(1) 
        (50 U.S.C. 1861(g)(1)) is amended--
                    (A) by striking ``Not later than 180 days after the 
                date of the enactment of the USA PATRIOT Improvement 
                and Reauthorization Act of 2005, the'' and inserting 
                ``The''; and
                    (B) by inserting after ``adopt'' the following: ``, 
                and update as appropriate,''.
    (b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``that order'' and inserting ``the 
                production order or any nondisclosure order imposed in 
                connection with the production order''; and
                    (B) by striking the second sentence; and
            (2) in subparagraph (C)--
                    (A) by striking clause (ii); and
                    (B) by redesignating clause (iii) as clause (ii).

SEC. 105. LIABILITY PROTECTION.

    Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
    ``(e)(1) No cause of action shall lie in any court against a person 
who--
            ``(A) produces tangible things or provides information, 
        facilities, or technical assistance in accordance with an order 
        issued or an emergency production required under this section; 
        or
            ``(B) otherwise provides technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act of 2015.
    ``(2) A production or provision of information, facilities, or 
technical assistance described in paragraph (1) shall not be deemed to 
constitute a waiver of any privilege in any other proceeding or 
context.''.

SEC. 106. COMPENSATION FOR ASSISTANCE.

    Section 501 (50 U.S.C. 1861), as amended by section 102 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for--
            ``(1) producing tangible things or providing information, 
        facilities, or assistance in accordance with an order issued 
        with respect to an application described in subsection 
        (b)(2)(C) or an emergency production under subsection (i) that, 
        to comply with subsection (i)(1)(D), requires an application 
        described in subsection (b)(2)(C); or
            ``(2) otherwise providing technical assistance to the 
        Government under this section or to implement the amendments 
        made to this section by the USA FREEDOM Act of 2015.''.

SEC. 107. DEFINITIONS.

    Section 501 (50 U.S.C. 1861), as amended by section 106 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(k) Definitions.--In this section:
            ``(1) In general.--The terms `foreign power', `agent of a 
        foreign power', `international terrorism', `foreign 
        intelligence information', `Attorney General', `United States 
        person', `United States', `person', and `State' have the 
        meanings provided those terms in section 101.
            ``(2) Address.--The term `address' means a physical address 
        or electronic address, such as an electronic mail address or 
        temporarily assigned network address (including an Internet 
        protocol address).
            ``(3) Call detail record.--The term `call detail record'--
                    ``(A) means session-identifying information 
                (including an originating or terminating telephone 
                number, an International Mobile Subscriber Identity 
                number, or an International Mobile Station Equipment 
                Identity number), a telephone calling card number, or 
                the time or duration of a call; and
                    ``(B) does not include--
                            ``(i) the contents (as defined in section 
                        2510(8) of title 18, United States Code) of any 
                        communication;
                            ``(ii) the name, address, or financial 
                        information of a subscriber or customer; or
                            ``(iii) cell site location or global 
                        positioning system information.
            ``(4) Specific selection term.--
                    ``(A) Tangible things.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (B), a `specific selection term'--
                                    ``(I) is a term that specifically 
                                identifies a person, account, address, 
                                or personal device, or any other 
                                specific identifier; and
                                    ``(II) is used to limit, to the 
                                greatest extent reasonably practicable, 
                                the scope of tangible things sought 
                                consistent with the purpose for seeking 
                                the tangible things.
                            ``(ii) Limitation.--A specific selection 
                        term under clause (i) does not include an 
                        identifier that does not limit, to the greatest 
                        extent reasonably practicable, the scope of 
                        tangible things sought consistent with the 
                        purpose for seeking the tangible things, such 
                        as an identifier that--
                                    ``(I) identifies an electronic 
                                communication service provider (as that 
                                term is defined in section 701) or a 
                                provider of remote computing service 
                                (as that term is defined in section 
                                2711 of title 18, United States Code), 
                                when not used as part of a specific 
                                identifier as described in clause (i), 
                                unless the provider is itself a subject 
                                of an authorized investigation for 
                                which the specific selection term is 
                                used as the basis for the production; 
                                or
                                    ``(II) identifies a broad 
                                geographic region, including the United 
                                States, a city, a county, a State, a 
                                zip code, or an area code, when not 
                                used as part of a specific identifier 
                                as described in clause (i).
                            ``(iii) Rule of construction.--Nothing in 
                        this paragraph shall be construed to preclude 
                        the use of multiple terms or identifiers to 
                        meet the requirements of clause (i).
                    ``(B) Call detail record applications.--For 
                purposes of an application submitted under subsection 
                (b)(2)(C), the term `specific selection term' means a 
                term that specifically identifies an individual, 
                account, or personal device.''.

SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.

    Section 106A of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and calendar 
                years 2012 through 2014'' after ``2006'';
                    (B) by striking paragraphs (2) and (3);
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3) (as so redesignated)--
                            (i) by striking subparagraph (C) and 
                        inserting the following new subparagraph:
                    ``(C) with respect to calendar years 2012 through 
                2014, an examination of the minimization procedures 
                used in relation to orders under section 501 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1861) and whether the minimization procedures 
                adequately protect the constitutional rights of United 
                States persons;''; and
                            (ii) in subparagraph (D), by striking ``(as 
                        such term is defined in section 3(4) of the 
                        National Security Act of 1947 (50 U.S.C. 
                        401a(4)))'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) Calendar years 2012 through 2014.--Not later than 1 
        year after the date of enactment of the USA FREEDOM Act of 
        2015, the Inspector General of the Department of Justice shall 
        submit to the Committee on the Judiciary and the Select 
        Committee on Intelligence of the Senate and the Committee on 
        the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives a report 
        containing the results of the audit conducted under subsection 
        (a) for calendar years 2012 through 2014.'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (4) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Intelligence Assessment.--
            ``(1) In general.--For the period beginning on January 1, 
        2012, and ending on December 31, 2014, the Inspector General of 
        the Intelligence Community shall assess--
                    ``(A) the importance of the information acquired 
                under title V of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1861 et seq.) to the activities 
                of the intelligence community;
                    ``(B) the manner in which that information was 
                collected, retained, analyzed, and disseminated by the 
                intelligence community;
                    ``(C) the minimization procedures used by elements 
                of the intelligence community under such title and 
                whether the minimization procedures adequately protect 
                the constitutional rights of United States persons; and
                    ``(D) any minimization procedures proposed by an 
                element of the intelligence community under such title 
                that were modified or denied by the court established 
                under section 103(a) of such Act (50 U.S.C. 1803(a)).
            ``(2) Submission date for assessment.--Not later than 180 
        days after the date on which the Inspector General of the 
        Department of Justice submits the report required under 
        subsection (c)(3), the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the assessment for calendar years 
        2012 through 2014.'';
            (5) in subsection (e), as redesignated by paragraph (3)--
                    (A) in paragraph (1)--
                            (i) by striking ``a report under subsection 
                        (c)(1) or (c)(2)'' and inserting ``any report 
                        under subsection (c) or (d)''; and
                            (ii) by striking ``Inspector General of the 
                        Department of Justice'' and inserting 
                        ``Inspector General of the Department of 
                        Justice, the Inspector General of the 
                        Intelligence Community, and any Inspector 
                        General of an element of the intelligence 
                        community that prepares a report to assist the 
                        Inspector General of the Department of Justice 
                        or the Inspector General of the Intelligence 
                        Community in complying with the requirements of 
                        this section''; and
                    (B) in paragraph (2), by striking ``the reports 
                submitted under subsections (c)(1) and (c)(2)'' and 
                inserting ``any report submitted under subsection (c) 
                or (d)'';
            (6) in subsection (f), as redesignated by paragraph (3)--
                    (A) by striking ``The reports submitted under 
                subsections (c)(1) and (c)(2)'' and inserting ``Each 
                report submitted under subsection (c)''; and
                    (B) by striking ``subsection (d)(2)'' and inserting 
                ``subsection (e)(2)''; and
            (7) by adding at the end the following new subsection:
    ``(g) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            ``(2) United states person.--The term `United States 
        person' has the meaning given that term in section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801).''.

SEC. 109. EFFECTIVE DATE.

    (a) In General.--The amendments made by sections 101 through 103 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to alter or eliminate the authority of the Government to obtain an 
order under title V of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date 
described in subsection (a) during the period ending on such effective 
date.

SEC. 110. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to authorize the production 
of the contents (as such term is defined in section 2510(8) of title 
18, United States Code) of any electronic communication from an 
electronic communication service provider (as such term is defined in 
section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881(b)(4))) under title V of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).

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

SEC. 201. PROHIBITION ON BULK COLLECTION.

    (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) a specific selection term to be used as the basis for 
        the use of the pen register or trap and trace device.''.
    (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding 
at the end the following new paragraph:
            ``(4)(A) The term `specific selection term'--
                    ``(i) is a term that specifically identifies a 
                person, account, address, or personal device, or any 
                other specific identifier; and
                    ``(ii) is used to limit, to the greatest extent 
                reasonably practicable, the scope of information 
                sought, consistent with the purpose for seeking the use 
                of the pen register or trap and trace device.
            ``(B) A specific selection term under subparagraph (A) does 
        not include an identifier that does not limit, to the greatest 
        extent reasonably practicable, the scope of information sought, 
        consistent with the purpose for seeking the use of the pen 
        register or trap and trace device, such as an identifier that--
                    ``(i) identifies an electronic communication 
                service provider (as that term is defined in section 
                701) or a provider of remote computing service (as that 
                term is defined in section 2711 of title 18, United 
                States Code), when not used as part of a specific 
                identifier as described in subparagraph (A), unless the 
                provider is itself a subject of an authorized 
                investigation for which the specific selection term is 
                used as the basis for the use; or
                    ``(ii) identifies a broad geographic region, 
                including the United States, a city, a county, a State, 
                a zip code, or an area code, when not used as part of a 
                specific identifier as described in subparagraph (A).
            ``(C) For purposes of subparagraph (A), the term `address' 
        means a physical address or electronic address, such as an 
        electronic mail address or temporarily assigned network address 
        (including an Internet protocol address).
            ``(D) Nothing in this paragraph shall be construed to 
        preclude the use of multiple terms or identifiers to meet the 
        requirements of subparagraph (A).''.

SEC. 202. PRIVACY PROCEDURES.

    (a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding 
at the end the following new subsection:
    ``(h) Privacy Procedures.--
            ``(1) In general.--The Attorney General shall ensure that 
        appropriate policies and procedures are in place to safeguard 
        nonpublicly available information concerning United States 
        persons that is collected through the use of a pen register or 
        trap and trace device installed under this section. Such 
        policies and procedures shall, to the maximum extent 
        practicable and consistent with the need to protect national 
        security, include privacy protections that apply to the 
        collection, retention, and use of information concerning United 
        States persons.
            ``(2) Rule of construction.--Nothing in this subsection 
        limits the authority of the court established under section 
        103(a) or of the Attorney General to impose additional privacy 
        or minimization procedures with regard to the installation or 
        use of a pen register or trap and trace device.''.
    (b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended 
by adding at the end the following new subsection:
    ``(d) Privacy Procedures.--Information collected through the use of 
a pen register or trap and trace device installed under this section 
shall be subject to the policies and procedures required under section 
402(h).''.

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

SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

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

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. APPOINTMENT OF AMICUS CURIAE.

    Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsection:
    ``(i) Amicus Curiae.--
            ``(1) Designation.--The presiding judges of the courts 
        established under subsections (a) and (b) shall, not later than 
        180 days after the enactment of this subsection, jointly 
        designate not fewer than 5 individuals to be eligible to serve 
        as amicus curiae, who shall serve pursuant to rules the 
        presiding judges may establish. In designating such 
        individuals, the presiding judges may consider individuals 
        recommended by any source, including members of the Privacy and 
        Civil Liberties Oversight Board, the judges determine 
        appropriate.
            ``(2) Authorization.--A court established under subsection 
        (a) or (b), consistent with the requirement of subsection (c) 
        and any other statutory requirement that the court act 
        expeditiously or within a stated time--
                    ``(A) shall appoint an individual who has been 
                designated under paragraph (1) to serve as amicus 
                curiae to assist such court in the consideration of any 
                application for an order or review that, in the opinion 
                of the court, presents a novel or significant 
                interpretation of the law, unless the court issues a 
                finding that such appointment is not appropriate; and
                    ``(B) may appoint an individual or organization to 
                serve as amicus curiae, including to provide technical 
                expertise, in any instance as such court deems 
                appropriate or, upon motion, permit an individual or 
                organization leave to file an amicus curiae brief.
            ``(3) Qualifications of amicus curiae.--
                    ``(A) Expertise.--Individuals designated under 
                paragraph (1) shall be persons who possess expertise in 
                privacy and civil liberties, intelligence collection, 
                communications technology, or any other area that may 
                lend legal or technical expertise to a court 
                established under subsection (a) or (b).
                    ``(B) Security clearance.--Individuals designated 
                pursuant to paragraph (1) shall be persons who are 
                determined to be eligible for access to classified 
                information necessary to participate in matters before 
                the courts. Amicus curiae appointed by the court 
                pursuant to paragraph (2) shall be persons who are 
                determined to be eligible for access to classified 
                information, if such access is necessary to participate 
                in the matters in which they may be appointed.
            ``(4) Duties.--If a court established under subsection (a) 
        or (b) appoints an amicus curiae under paragraph (2)(A), the 
        amicus curiae shall provide to the court, as appropriate--
                    ``(A) legal arguments that advance the protection 
                of individual privacy and civil liberties;
                    ``(B) information related to intelligence 
                collection or communications technology; or
                    ``(C) legal arguments or information regarding any 
                other area relevant to the issue presented to the 
                court.
            ``(5) Assistance.--An amicus curiae appointed under 
        paragraph (2)(A) may request that the court designate or 
        appoint additional amici curiae pursuant to paragraph (1) or 
        paragraph (2), to be available to assist the amicus curiae.
            ``(6) Access to information.--
                    ``(A) In general.--If a court established under 
                subsection (a) or (b) appoints an amicus curiae under 
                paragraph (2)(A), the amicus curiae--
                            ``(i) shall have access to all relevant 
                        legal precedent, and any application, 
                        certification, petition, motion, or such other 
                        materials that the court determines are 
                        relevant to the duties of the amicus curiae; 
                        and
                            ``(ii) may, if the court determines that it 
                        is relevant to the duties of the amicus curiae, 
                        consult with any other individuals designated 
                        pursuant to paragraph (1) regarding information 
                        relevant to any assigned proceeding.
                    ``(B) Briefings.--The Attorney General may 
                periodically brief or provide relevant materials to 
                amicus curiae designated pursuant to paragraph (1) 
                regarding constructions and interpretations of this Act 
                and legal, technological, and other issues related to 
                actions authorized by this Act.
                    ``(C) Classified information.--An amicus curiae 
                designated or appointed by the court may have access to 
                classified documents, information, and other materials 
                or proceedings only if that individual is eligible for 
                access to classified information and to the extent 
                consistent with the national security of the United 
                States.
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to require the Government to 
                provide information to an amicus curiae appointed by 
                the court that is privileged from disclosure.
            ``(7) Notification.--A presiding judge of a court 
        established under subsection (a) or (b) shall notify the 
        Attorney General of each exercise of the authority to appoint 
        an individual to serve as amicus curiae under paragraph (2).
            ``(8) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a nonreimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
            ``(9) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, or other support for an individual appointed 
        to serve as amicus curiae under paragraph (2) in a manner that 
        is not inconsistent with this subsection.
            ``(10) Receipt of information.--Nothing in this subsection 
        shall limit the ability of a court established under subsection 
        (a) or (b) to request or receive information or materials from, 
        or otherwise communicate with, the Government or amicus curiae 
        appointed under paragraph (2) on an ex parte basis, nor limit 
        any special or heightened obligation in any ex parte 
        communication or proceeding.
    ``(j) Review of FISA Court Decisions.--Following issuance of an 
order under this Act, a court established under subsection (a) shall 
certify for review to the court established under subsection (b) any 
question of law that may affect resolution of the matter in controversy 
that the court determines warrants such review because of a need for 
uniformity or because consideration by the court established under 
subsection (b) would serve the interests of justice. Upon certification 
of a question of law under this subsection, the court established under 
subsection (b) may give binding instructions or require the entire 
record to be sent up for decision of the entire matter in controversy.
    ``(k) Review of FISA Court of Review Decisions.--
            ``(1) Certification.--For purposes of section 1254(2) of 
        title 28, United States Code, the court of review established 
        under subsection (b) shall be considered to be a court of 
        appeals.
            ``(2) Amicus curiae briefing.--Upon certification of an 
        application under paragraph (1), the Supreme Court of the 
        United States may appoint an amicus curiae designated under 
        subsection (i)(1), or any other person, to provide briefing or 
        other assistance.''.

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

    (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is 
amended--
            (1) in the heading, by striking ``REPORTING REQUIREMENT'' 
        and inserting ``OVERSIGHT''; and
            (2) by adding at the end the following new section:

``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
              OPINIONS.

    ``(a) Declassification Required.--Subject to subsection (b), the 
Director of National Intelligence, in consultation with the Attorney 
General, shall conduct a declassification review of each decision, 
order, or opinion issued by the Foreign Intelligence Surveillance Court 
or the Foreign Intelligence Surveillance Court of Review (as defined in 
section 601(e)) that includes a significant construction or 
interpretation of any provision of law, including any novel or 
significant construction or interpretation of the term `specific 
selection term', and, consistent with that review, make publicly 
available to the greatest extent practicable each such decision, order, 
or opinion.
    ``(b) Redacted Form.--The Director of National Intelligence, in 
consultation with the Attorney General, may satisfy the requirement 
under subsection (a) to make a decision, order, or opinion described in 
such subsection publicly available to the greatest extent practicable 
by making such decision, order, or opinion publicly available in 
redacted form.
    ``(c) National Security Waiver.--The Director of National 
Intelligence, in consultation with the Attorney General, may waive the 
requirement to declassify and make publicly available a particular 
decision, order, or opinion under subsection (a), if--
            ``(1) the Director of National Intelligence, in 
        consultation with the Attorney General, determines that a 
        waiver of such requirement is necessary to protect the national 
        security of the United States or properly classified 
        intelligence sources or methods; and
            ``(2) the Director of National Intelligence makes publicly 
        available an unclassified statement prepared by the Attorney 
        General, in consultation with the Director of National 
        Intelligence--
                    ``(A) summarizing the significant construction or 
                interpretation of any provision of law, which shall 
                include, to the extent consistent with national 
                security, a description of the context in which the 
                matter arises and any significant construction or 
                interpretation of any statute, constitutional 
                provision, or other legal authority relied on by the 
                decision; and
                    ``(B) that specifies that the statement has been 
                prepared by the Attorney General and constitutes no 
                part of the opinion of the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review.''.
    (b) Table of Contents Amendments.--The table of contents in the 
first section is amended--
            (1) by striking the item relating to title VI and inserting 
        the following new item:

                        ``TITLE VI--OVERSIGHT'';

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

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

SEC. 501. PROHIBITION ON BULK COLLECTION.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709(b) of title 18, United States Code, is amended 
in the matter preceding paragraph (1) by striking ``may'' and inserting 
``may, using a term that specifically identifies a person, entity, 
telephone number, or account as the basis for a request''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114(a)(2) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the 
period and inserting ``and a term that specifically identifies a 
customer, entity, or account to be used as the basis for the production 
and disclosure of financial records.''.
    (c) Disclosures to FBI of Certain Consumer Records for 
Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u) is amended--
            (1) in subsection (a), by striking ``that information,'' 
        and inserting ``that information that includes a term that 
        specifically identifies a consumer or account to be used as the 
        basis for the production of that information,'';
            (2) in subsection (b), by striking ``written request,'' and 
        inserting ``written request that includes a term that 
        specifically identifies a consumer or account to be used as the 
        basis for the production of that information,''; and
            (3) in subsection (c), by inserting ``, which shall include 
        a term that specifically identifies a consumer or account to be 
        used as the basis for the production of the information,'' 
        after ``issue an order ex parte''.
    (d) Disclosures to Governmental Agencies for Counterterrorism 
Purposes of Consumer Reports.--Section 627(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681v(a)) is amended by striking ``analysis.'' 
and inserting ``analysis and that includes a term that specifically 
identifies a consumer or account to be used as the basis for the 
production of such information.''.

SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.

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

SEC. 503. JUDICIAL REVIEW.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (b) or a 
        nondisclosure requirement imposed in connection with such 
        request under subsection (c) shall be subject to judicial 
        review under section 3511.
            ``(2) Notice.--A request under subsection (b) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a 
        nondisclosure requirement imposed in connection with such 
        request under subsection (c) shall be subject to judicial 
        review under section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.
    (c) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
            (1) by redesignating subsections (e) through (m) as 
        subsections (f) through (n), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or (b) or 
        an order under subsection (c) or a non-disclosure requirement 
        imposed in connection with such request under subsection (d) 
        shall be subject to judicial review under section 3511 of title 
        18, United States Code.
            ``(2) Notice.--A request under subsection (a) or (b) or an 
        order under subsection (c) shall include notice of the 
        availability of judicial review described in paragraph (1).''.
    (d) Identity of Financial Institutions and Credit Reports.--Section 
627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a non-
        disclosure requirement imposed in connection with such request 
        under subsection (c) shall be subject to judicial review under 
        section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.
    (e) Investigations of Persons With Access to Classified 
Information.--Section 802 of the National Security Act of 1947 (50 
U.S.C. 3162) is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Judicial Review.--
            ``(1) In general.--A request under subsection (a) or a 
        nondisclosure requirement imposed in connection with such 
        request under subsection (b) shall be subject to judicial 
        review under section 3511 of title 18, United States Code.
            ``(2) Notice.--A request under subsection (a) shall include 
        notice of the availability of judicial review described in 
        paragraph (1).''.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF 
              BUSINESS RECORDS; BUSINESS RECORDS COMPLIANCE REPORTS TO 
              CONGRESS.

    (a) Reports Submitted to Committees.--Section 502(b) (50 U.S.C. 
1862(b)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting before paragraph (6) (as so redesignated) 
        the following new paragraphs:
            ``(1) a summary of all compliance reviews conducted by the 
        Government for the production of tangible things under section 
        501;
            ``(2) the total number of applications described in section 
        501(b)(2)(B) made for orders approving requests for the 
        production of tangible things;
            ``(3) the total number of such orders either granted, 
        modified, or denied;
            ``(4) the total number of applications described in section 
        501(b)(2)(C) made for orders approving requests for the 
        production of call detail records;
            ``(5) the total number of such orders either granted, 
        modified, or denied;''.
    (b) Reporting on Certain Types of Production.--Section 502(c)(1) 
(50 U.S.C. 1862(c)(1)) is amended--
            (1) in subparagraph (A), by striking ``and'';
            (2) in subparagraph (B), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
            ``(C) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 501 in which the specific selection term does not 
        specifically identify an individual, account, or personal 
        device;
            ``(D) the total number of orders described in subparagraph 
        (C) either granted, modified, or denied; and
            ``(E) with respect to orders described in subparagraph (D) 
        that have been granted or modified, whether the court 
        established under section 103 has directed additional, 
        particularized minimization procedures beyond those adopted 
        pursuant to section 501(g).''.

SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
section 402 of this Act, is further amended by adding at the end the 
following new section:

``SEC. 603. ANNUAL REPORTS.

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

``Sec. 603. Annual reports.''.
    (c) Public Reporting on National Security Letters.--Section 118(c) 
of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 
U.S.C. 3511 note) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``United States''; and
                    (B) in subparagraph (A), by striking ``, excluding 
                the number of requests for subscriber information'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Content.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each report required under this 
                subsection shall include a good faith estimate of the 
                total number of requests described in paragraph (1) 
                requiring disclosure of information concerning--
                            ``(i) United States persons; and
                            ``(ii) persons who are not United States 
                        persons.
                    ``(B) Exception.--With respect to the number of 
                requests for subscriber information under section 2709 
                of title 18, United States Code, a report required 
                under this subsection need not separate the number of 
                requests into each of the categories described in 
                subparagraph (A).''.
    (d) Stored Communications.--Section 2702(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2)(B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the number of accounts from which the Department of 
        Justice has received voluntary disclosures under subsection 
        (c)(4).''.

SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.

    (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
sections 402 and 602 of this Act, is further amended by adding at the 
end the following new section:

``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.

    ``(a) Reporting.--A person subject to a nondisclosure requirement 
accompanying an order or directive under this Act or a national 
security letter may, with respect to such order, directive, or national 
security letter, publicly report the following information using one of 
the following structures:
            ``(1) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported in bands of 1000 starting with 0-
                999;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported in bands of 1000 
                starting with 0-999;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents, reported in 
                bands of 1000 starting with 0-999;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents reported in bands of 1000 
                starting with 0-999;
                    ``(E) the number of orders received under this Act 
                for noncontents, reported in bands of 1000 starting 
                with 0-999; and
                    ``(F) the number of customer selectors targeted 
                under orders under this Act for noncontents, reported 
                in bands of 1000 starting with 0-999, pursuant to--
                            ``(i) title IV;
                            ``(ii) title V with respect to applications 
                        described in section 501(b)(2)(B); and
                            ``(iii) title V with respect to 
                        applications described in section 501(b)(2)(C).
            ``(2) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported in bands of 500 starting with 0-499;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported in bands of 500 
                starting with 0-499;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents, reported in 
                bands of 500 starting with 0-499;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents, reported in bands of 500 
                starting with 0-499;
                    ``(E) the number of orders received under this Act 
                for noncontents, reported in bands of 500 starting with 
                0-499; and
                    ``(F) the number of customer selectors targeted 
                under orders received under this Act for noncontents, 
                reported in bands of 500 starting with 0-499.
            ``(3) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply in the into separate categories 
        of--
                    ``(A) the total number of all national security 
                process received, including all national security 
                letters, and orders or directives under this Act, 
                combined, reported in bands of 250 starting with 0-249; 
                and
                    ``(B) the total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters, and orders or 
                directives under this Act, combined, reported in bands 
                of 250 starting with 0-249.
            ``(4) An annual report that aggregates the number of 
        orders, directives, and national security letters the person 
        was required to comply with into separate categories of--
                    ``(A) the total number of all national security 
                process received, including all national security 
                letters, and orders or directives under this Act, 
                combined, reported in bands of 100 starting with 0-99; 
                and
                    ``(B) the total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters, and orders or 
                directives under this Act, combined, reported in bands 
                of 100 starting with 0-99.
    ``(b) Period of Time Covered by Reports.--
            ``(1) A report described in paragraph (1) or (2) of 
        subsection (a) shall include only information--
                    ``(A) relating to national security letters for the 
                previous 180 days; and
                    ``(B) relating to authorities under this Act for 
                the 180-day period of time ending on the date that is 
                not less than 180 days prior to the date of the 
                publication of such report, except that with respect to 
                a platform, product, or service for which a person did 
                not previously receive an order or directive (not 
                including an enhancement to or iteration of an existing 
                publicly available platform, product, or service) such 
                report shall not include any information relating to 
                such new order or directive until 540 days after the 
                date on which such new order or directive is received.
            ``(2) A report described in paragraph (3) of subsection (a) 
        shall include only information relating to the previous 180 
        days.
            ``(3) A report described in paragraph (4) of subsection (a) 
        shall include only information for the 1-year period of time 
        ending on the date that is not less than 1 year prior to the 
        date of the publication of such report.
    ``(c) Other Forms of Agreed to Publication.--Nothing in this 
section prohibits the Government and any person from jointly agreeing 
to the publication of information referred to in this subsection in a 
time, form, or manner other than as described in this section.
    ``(d) Definitions.--In this section:
            ``(1) Contents.--The term `contents' has the meaning given 
        that term under section 2510 of title 18, United States Code.
            ``(2) National security letter.--The term `national 
        security letter' has the meaning given that term under section 
        603.''.
    (b) Table of Contents Amendment.--The table of contents, as amended 
by sections 402 and 602 of this Act, is further amended by inserting 
after the item relating to section 603, as added by section 602 of this 
Act, the following new item:

``Sec. 604. Public reporting by persons subject to orders.''.

SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND OPINIONS OF 
              THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND THE 
              FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.

    Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as 
follows:
            ``(1) not later than 45 days after the date on which the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review issues a decision, 
        order, or opinion, including any denial or modification of an 
        application under this Act, that includes significant 
        construction or interpretation of any provision of law or 
        results in a change of application of any provision of this Act 
        or a novel application of any provision of this Act, a copy of 
        such decision, order, or opinion and any pleadings, 
        applications, or memoranda of law associated with such 
        decision, order, or opinion; and''.

SEC. 605. SUBMISSION OF REPORTS UNDER FISA.

    (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 
1808(a)(1)) is amended by striking ``the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence, and the Committee on the Judiciary of the Senate,'' and 
inserting ``the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate''.
    (b) Physical Searches.--The matter preceding paragraph (1) of 
section 306 (50 U.S.C. 1826) is amended--
            (1) in the first sentence, by striking ``Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate, and the 
        Committee on the Judiciary of the Senate,'' and inserting 
        ``Permanent Select Committee on Intelligence and the Committee 
        on the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate''; and
            (2) in the second sentence, by striking ``and the Committee 
        on the Judiciary of the House of Representatives''.
    (c) Pen Registers and Trap and Trace Devices.--Section 406(b) (50 
U.S.C. 1846(b)) is amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) each department or agency on behalf of which the 
        Attorney General or a designated attorney for the Government 
        has made an application for an order authorizing or approving 
        the installation and use of a pen register or trap and trace 
        device under this title; and
            ``(5) for each department or agency described in paragraph 
        (4), each number described in paragraphs (1), (2), and (3).''.
    (d) Access to Certain Business Records and Other Tangible Things.--
Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate'' and inserting ``Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate''.

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

SEC. 701. EMERGENCIES INVOLVING NON-UNITED STATES PERSONS.

    (a) In General.--Section 105 (50 U.S.C. 1805) is amended--
            (1) by redesignating subsections (f), (g), (h), and (i) as 
        subsections (g), (h), (i), and (j), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f)(1) Notwithstanding any other provision of this Act, the 
lawfully authorized targeting of a non-United States person previously 
believed to be located outside the United States for the acquisition of 
foreign intelligence information may continue for a period not to 
exceed 72 hours from the time that the non-United States person is 
reasonably believed to be located inside the United States and the 
acquisition is subject to this title or to title III of this Act, 
provided that the head of an element of the intelligence community--
            ``(A) reasonably determines that a lapse in the targeting 
        of such non-United States person poses a threat of death or 
        serious bodily harm to any person;
            ``(B) promptly notifies the Attorney General of a 
        determination under subparagraph (A); and
            ``(C) requests, as soon as practicable, the employment of 
        emergency electronic surveillance under subsection (e) or the 
        employment of an emergency physical search pursuant to section 
        304(e), as warranted.
    ``(2) The authority under this subsection to continue the 
acquisition of foreign intelligence information is limited to a period 
not to exceed 72 hours and shall cease upon the earlier of the 
following:
            ``(A) The employment of emergency electronic surveillance 
        under subsection (e) or the employment of an emergency physical 
        search pursuant to section 304(e).
            ``(B) An issuance of a court order under this title or 
        title III of this Act.
            ``(C) The Attorney General provides direction that the 
        acquisition be terminated.
            ``(D) The head of the element of the intelligence community 
        conducting the acquisition determines that a request under 
        paragraph (1)(C) is not warranted.
            ``(E) When the threat of death or serious bodily harm to 
        any person is no longer reasonably believed to exist.
    ``(3) Nonpublicly available information concerning unconsenting 
United States persons acquired under this subsection shall not be 
disseminated during the 72 hour time period under paragraph (1) unless 
necessary to investigate, reduce, or eliminate the threat of death or 
serious bodily harm to any person.
    ``(4) If the Attorney General declines to authorize the employment 
of emergency electronic surveillance under subsection (e) or the 
employment of an emergency physical search pursuant to section 304(e), 
or a court order is not obtained under this title or title III of this 
Act, information obtained during the 72 hour acquisition time period 
under paragraph (1) shall not be retained, except with the approval of 
the Attorney General if the information indicates a threat of death or 
serious bodily harm to any person.
    ``(5) Paragraphs (5) and (6) of subsection (e) shall apply to this 
subsection.''.
    (b) Notification of Emergency Employment of Electronic 
Surveillance.--Section 106(j) (50 U.S.C. 1806(j)) is amended by 
striking ``section 105(e)'' and inserting ``subsection (e) or (f) of 
section 105''.
    (c) Report to Congress.--Section 108(a)(2) (50 U.S.C. 1808(a)(2)) 
is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) the total number of authorizations under 
                section 105(f) and the total number of subsequent 
                emergency employments of electronic surveillance under 
                section 105(e) or emergency physical searches pursuant 
                to section 301(e).''.

SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED STATES PERSONS 
              TRAVELING OUTSIDE THE UNITED STATES AS AGENTS OF FOREIGN 
              POWERS.

    Section 101(b)(1) is amended--
            (1) in subparagraph (A), by inserting before the semicolon 
        at the end the following: ``, irrespective of whether the 
        person is inside the United States''; and
            (2) in subparagraph (B)--
                    (A) by striking ``of such person's presence in the 
                United States''; and
                    (B) by striking ``such activities in the United 
                States'' and inserting ``such activities''.

SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTERNATIONAL PROLIFERATION 
              OF WEAPONS OF MASS DESTRUCTION.

    Section 101(b)(1) is further amended by striking subparagraph (E) 
and inserting the following new subparagraph (E):
                    ``(E) engages in the international proliferation of 
                weapons of mass destruction, or activities in 
                preparation therefor, for or on behalf of a foreign 
                power, or knowingly aids or abets any person in the 
                conduct of such proliferation or activities in 
                preparation therefor, or knowingly conspires with any 
                person to engage in such proliferation or activities in 
                preparation therefor; or''.

SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUPPORT OF FOREIGN 
              TERRORIST ORGANIZATIONS.

    Section 2339B(a)(1) of title 18, United States Code, is amended by 
striking ``15 years'' and inserting ``20 years''.

SEC. 705. SUNSETS.

    (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``June 1, 
2015'' and inserting ``December 15, 2019''.
    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, 
2015'' and inserting ``December 15, 2019''.

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

               Subtitle A--Safety of Maritime Navigation

SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED STATES CODE.

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

SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES CODE.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding after section 2280 the following new section:
``Sec. 2280a. Violence against maritime navigation and maritime 
              transport involving weapons of mass destruction
    ``(a) Offenses.--
            ``(1) In general.--Subject to the exceptions in subsection 
        (c), a person who unlawfully and intentionally--
                    ``(A) when the purpose of the act, by its nature or 
                context, is to intimidate a population, or to compel a 
                government or an international organization to do or to 
                abstain from doing any act--
                            ``(i) uses against or on a ship or 
                        discharges from a ship any explosive or 
                        radioactive material, biological, chemical, or 
                        nuclear weapon or other nuclear explosive 
                        device in a manner that causes or is likely to 
                        cause death to any person or serious injury or 
                        damage;
                            ``(ii) discharges from a ship oil, 
                        liquefied natural gas, or another hazardous or 
                        noxious substance that is not covered by clause 
                        (i), in such quantity or concentration that 
                        causes or is likely to cause death to any 
                        person or serious injury or damage; or
                            ``(iii) uses a ship in a manner that causes 
                        death to any person or serious injury or 
                        damage;
                    ``(B) transports on board a ship--
                            ``(i) any explosive or radioactive 
                        material, knowing that it is intended to be 
                        used to cause, or in a threat to cause, death 
                        to any person or serious injury or damage for 
                        the purpose of intimidating a population, or 
                        compelling a government or an international 
                        organization to do or to abstain from doing any 
                        act;
                            ``(ii) any biological, chemical, or nuclear 
                        weapon or other nuclear explosive device, 
                        knowing it to be a biological, chemical, or 
                        nuclear weapon or other nuclear explosive 
                        device;
                            ``(iii) any source material, special 
                        fissionable material, or equipment or material 
                        especially designed or prepared for the 
                        processing, use, or production of special 
                        fissionable material, knowing that it is 
                        intended to be used in a nuclear explosive 
                        activity or in any other nuclear activity not 
                        under safeguards pursuant to an International 
                        Atomic Energy Agency comprehensive safeguards 
                        agreement, except where--
                                    ``(I) such item is transported to 
                                or from the territory of, or otherwise 
                                under the control of, a Non-
                                Proliferation Treaty State Party; and
                                    ``(II) the resulting transfer or 
                                receipt (including internal to a 
                                country) is not contrary to the 
                                obligations under the Non-Proliferation 
                                Treaty of the Non-Proliferation Treaty 
                                State Party from which, to the 
                                territory of which, or otherwise under 
                                the control of which such item is 
                                transferred;
                            ``(iv) any equipment, materials, or 
                        software or related technology that 
                        significantly contributes to the design or 
                        manufacture of a nuclear weapon or other 
                        nuclear explosive device, with the intention 
                        that it will be used for such purpose, except 
                        where--
                                    ``(I) the country to the territory 
                                of which or under the control of which 
                                such item is transferred is a Nuclear 
                                Weapon State Party to the Non-
                                Proliferation Treaty; and
                                    ``(II) the resulting transfer or 
                                receipt (including internal to a 
                                country) is not contrary to the 
                                obligations under the Non-Proliferation 
                                Treaty of a Non-Proliferation Treaty 
                                State Party from which, to the 
                                territory of which, or otherwise under 
                                the control of which such item is 
                                transferred;
                            ``(v) any equipment, materials, or software 
                        or related technology that significantly 
                        contributes to the delivery of a nuclear weapon 
                        or other nuclear explosive device, with the 
                        intention that it will be used for such 
                        purpose, except where--
                                    ``(I) such item is transported to 
                                or from the territory of, or otherwise 
                                under the control of, a Non-
                                Proliferation Treaty State Party; and
                                    ``(II) such item is intended for 
                                the delivery system of a nuclear weapon 
                                or other nuclear explosive device of a 
                                Nuclear Weapon State Party to the Non-
                                Proliferation Treaty; or
                            ``(vi) any equipment, materials, or 
                        software or related technology that 
                        significantly contributes to the design, 
                        manufacture, or delivery of a biological or 
                        chemical weapon, with the intention that it 
                        will be used for such purpose;
                    ``(C) transports another person on board a ship 
                knowing that the person has committed an act that 
                constitutes an offense under section 2280 or 
                subparagraph (A), (B), (D), or (E) of this section or 
                an offense set forth in an applicable treaty, as 
                specified in section 2280(d)(1), and intending to 
                assist that person to evade criminal prosecution;
                    ``(D) injures or kills any person in connection 
                with the commission or the attempted commission of any 
                of the offenses set forth in subparagraphs (A) through 
                (C), or subsection (a)(2), to the extent that the 
                subsection (a)(2) offense pertains to subparagraph (A); 
                or
                    ``(E) attempts to do any act prohibited under 
                subparagraph (A), (B) or (D), or conspires to do any 
                act prohibited by subparagraphs (A) through (E) or 
                subsection (a)(2),
        shall be fined under this title, imprisoned not more than 20 
        years, or both; and if the death of any person results from 
        conduct prohibited by this paragraph, shall be imprisoned for 
        any term of years or for life.
            ``(2) Threats.--A person who threatens, with apparent 
        determination and will to carry the threat into execution, to 
        do any act prohibited under paragraph (1)(A) shall be fined 
        under this title, imprisoned not more than 5 years, or both.
    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                            ``(i) against or on board a vessel of the 
                        United States or a vessel subject to the 
                        jurisdiction of the United States (as defined 
                        in section 70502 of title 46) at the time the 
                        prohibited activity is committed;
                            ``(ii) in the United States, including the 
                        territorial seas; or
                            ``(iii) by a national of the United States, 
                        by a United States corporation or legal entity, 
                        or by a stateless person whose habitual 
                        residence is in the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured, or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, if the offender is 
        later found in the United States after such activity is 
        committed; or
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
    ``(c) Exceptions.--This section shall not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state 
        in the exercise of their official duties.
    ``(d)(1) Civil Forfeiture.--Any real or personal property used or 
intended to be used to commit or to facilitate the commission of a 
violation of this section, the gross proceeds of such violation, and 
any real or personal property traceable to such property or proceeds, 
shall be subject to forfeiture.
    ``(2) Applicable Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of title 18, 
United States Code, relating to civil forfeitures, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in section 981(d) shall be performed by such 
officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Attorney General, or 
the Secretary of Defense.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 111 of title 18, United States Code, is amended by adding 
after the item relating to section 2280 the following new item:

``2280a. Violence against maritime navigation and maritime transport 
                            involving weapons of mass destruction.''.

SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED STATES CODE.

    Section 2281 of title 18, United States Code, is amended--
            (1) in subsection (c), by striking ``section 2(c)'' and 
        inserting ``section 13(c)'';
            (2) in subsection (d), by striking the definitions of 
        ``national of the United States,'' ``territorial sea of the 
        United States,'' and ``United States''; and
            (3) by inserting after subsection (d) the following:
    ``(e) Exceptions.--This section does not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state 
        in the exercise of their official duties.''.

SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE.

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

``2281a. Additional offenses against maritime fixed platforms.''.

SEC. 805. ANCILLARY MEASURE.

    Section 2332b(g)(5)(B) of title 18, United States Code, is amended 
by inserting ``2280a (relating to maritime safety),'' before ``2281'', 
and by striking ``2281'' and inserting ``2281 through 2281a''.

              Subtitle B--Prevention of Nuclear Terrorism

SEC. 811. NEW SECTION 2332I OF TITLE 18, UNITED STATES CODE.

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

``2332i. Acts of nuclear terrorism.''.
    (c) Disclaimer.--Nothing contained in this section is intended to 
affect the applicability of any other Federal or State law that might 
pertain to the underlying conduct.
    (d) Inclusion in Definition of Federal Crimes of Terrorism.--
Section 2332b(g)(5)(B) of title 18, United States Code, is amended by 
inserting ``2332i (relating to acts of nuclear terrorism),'' before 
``2339 (relating to harboring terrorists)''.

SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED STATES CODE.

    Section 831 of title 18, United States Code, is amended--
     (a) in subsection (a)--
            (1) by redesignating paragraphs (3) through (8) as (4) 
        through (9);
            (2) by inserting after paragraph (2) the following:
            ``(3) without lawful authority, intentionally carries, 
        sends or moves nuclear material into or out of a country;'';
            (3) in paragraph (8), as redesignated, by striking ``an 
        offense under paragraph (1), (2), (3), or (4)'' and inserting 
        ``any act prohibited under paragraphs (1) through (5)''; and
            (4) in paragraph (9), as redesignated, by striking ``an 
        offense under paragraph (1), (2), (3), or (4)'' and inserting 
        ``any act prohibited under paragraphs (1) through (7)'';
    (b) in subsection (b)--
            (1) in paragraph (1), by striking ``(7)'' and inserting 
        ``(8)''; and
            (2) in paragraph (2), by striking ``(8)'' and inserting 
        ``(9)'';
    (c) in subsection (c)--
            (1) in subparagraph (2)(A), by adding after ``United 
        States'' the following: ``or a stateless person whose habitual 
        residence is in the United States'';
            (2) by striking paragraph (5);
            (3) in paragraph (4), by striking ``or'' at the end; and
            (4) by inserting after paragraph (4), the following:
            ``(5) the offense is committed on board a vessel of the 
        United States or a vessel subject to the jurisdiction of the 
        United States (as defined in section 70502 of title 46) or on 
        board an aircraft that is registered under United States law, 
        at the time the offense is committed;
            ``(6) the offense is committed outside the United States 
        and against any state or government facility of the United 
        States; or
            ``(7) the offense is committed in an attempt to compel the 
        United States to do or abstain from doing any act, or 
        constitutes a threat directed at the United States.'';
    (d) by redesignating subsections (d) through (f) as (e) through 
(g), respectively;
    (e) by inserting after subsection (c):
    ``(d) Nonapplicability.--This section does not apply to--
            ``(1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law of war, 
        which are governed by that law; or
            ``(2) activities undertaken by military forces of a state 
        in the exercise of their official duties.''; and
    (f) in subsection (g), as redesignated--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting a semicolon; and
            (3) by inserting after paragraph (7), the following:
            ``(8) the term `armed conflict' has the meaning given that 
        term in section 2332f(e)(11) of this title;
            ``(9) the term `military forces of a state' means the armed 
        forces of a country that are organized, trained and equipped 
        under its internal law for the primary purpose of national 
        defense or security and persons acting in support of those 
        armed forces who are under their formal command, control and 
        responsibility;
            ``(10) the term `state' has the same meaning as that term 
        has under international law, and includes all political 
        subdivisions thereof;
            ``(11) the term `state or government facility' has the 
        meaning given that term in section 2332f(e)(3) of this title; 
        and
            ``(12) the term `vessel of the United States' has the 
        meaning given that term in section 70502 of title 46.''.
                                 <all>