[Congressional Record Volume 161, Number 85 (Sunday, May 31, 2015)]
[Senate]
[Pages S3344-S3371]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1441. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill 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; which was ordered to lie on 
the table; as follows:

       On page 4, strike line 20 and all that follows through page 
     5, line 4, and insert the following:

     protect against international terrorism, a statement of facts 
     showing that there is probable cause to believe that--
       ``(i) 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) such specific selection term
                                 ______
                                 
  SA 1442. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill 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; which was ordered to lie on the table; as follows:

       On page 29, line 6, strike the quotation marks and the 
     second period and insert the following:
       ``(iii) Limitation to acts of terrorism and espionage.--
     Notwithstanding clauses (i) and (ii), no information obtained 
     or evidence derived from a part of certification or procedure 
     relating to which the Court orders a correction of a 
     deficiency under subparagraph (B) shall be disclosed in a 
     criminal case by the Government unless the defendant is 
     charged with an act of espionage under chapter 37 of title 
     18, United States Code, or an act of terrorism (as defined 
     under section 3077 of title 18, United States Code).''.
                                 ______
                                 
  SA 1443. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENT OF NOTICE TO DEFENDANTS.

       (a) In General.--
       (1) Electronic surveillance.--Section 106 (50 U.S.C. 1806) 
     is amended by striking subsections (c) and (d) and inserting 
     the following:
       ``(c)(1) Whenever the Government initiates a proceeding in 
     or before any court, department, officer, agency, regulatory 
     body, or other authority of the United States against a 
     person, the Government shall notify the person and the court 
     or authority of--
       ``(A) each title of this Act the Government relied on to 
     obtain the communications of the person or information about 
     the communications or activities of the person, which 
     contributed in any manner to the investigation of the person; 
     and
       ``(B) each type of communication or information obtained 
     under this Act, as described in the order or directive relied 
     upon to obtain the communication or information.
       ``(2) The Government shall provide the notification 
     required under paragraph (1) before or within a reasonable 
     time after the commencement of the proceeding.
       ``(d) The notification requirement under subsection (c) 
     shall apply to any State or political subdivision thereof 
     whenever the State or political subdivision initiates a 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the State or 
     political subdivision against a person, in the same manner 
     such subsection applies to the Government in connection with 
     a proceeding against a person.''.
       (2) Physical searches.--Section 305 (50 U.S.C. 1825) is 
     amended by striking subsections (d) and (e) and inserting the 
     following:
       ``(d)(1) Whenever the Government initiates a proceeding in 
     or before any court, department, officer, agency, regulatory 
     body, or other authority of the United States against a 
     person, the Government shall notify the person and the court 
     or authority of--
       ``(A) each title of this Act the Government relied on to 
     obtain the communications of the person or information about 
     the communications or activities of the person, which 
     contributed in any manner to the investigation of the person; 
     and
       ``(B) each type of communication or information obtained 
     under this Act, as described in the order or directive relied 
     upon to obtain the communication or information.
       ``(2) The Government shall provide the notification 
     required under paragraph (1) before or within a reasonable 
     time after the commencement of the proceeding.
       ``(e) The notification requirement under subsection (d) 
     shall apply to any State or political subdivision thereof 
     whenever the State or political subdivision initiates a 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the State or 
     political subdivision against a person, in the same manner 
     such subsection applies to the Government in connection with 
     a proceeding against a person.''.
       (3) Pen register and trap and trace devices.--Section 405 
     (50 U.S.C. 1845) is amended by striking subsections (c) and 
     (d) and inserting the following:
       ``(c)(1) Whenever the Government initiates a proceeding in 
     or before any court, department, officer, agency, regulatory 
     body, or other authority of the United States against a 
     person, the Government shall notify the person and the court 
     or authority of--
       ``(A) each title of this Act the Government relied on to 
     obtain the communications of the person or information about 
     the communications or activities of the person, which 
     contributed in any manner to the investigation of the person; 
     and
       ``(B) each type of communication or information obtained 
     under this Act, as described in the order or directive relied 
     upon to obtain the communication or information.
       ``(2) The Government shall provide the notification 
     required under paragraph (1) before or within a reasonable 
     time after the commencement of the proceeding.
       ``(d) The notification requirement under subsection (c) 
     shall apply to any State or political subdivision thereof 
     whenever the State or political subdivision initiates a 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the State or 
     political subdivision against a person, in the same manner 
     such subsection applies to the Government in connection with 
     a proceeding against a person.''.
       (b) Tangible Things.--Section 501 (50 U.S.C. 1861), as 
     amended by section 107 of this Act, is amended by adding at 
     the end the following:
       ``(l) Suppression of Evidence.--
       ``(1) Motion to suppress.--
       ``(A) In general.--Any person against whom evidence 
     obtained or derived from the production of tangible things 
     under this title is to be, or has been, introduced or 
     otherwise used or disclosed in any trial, hearing, or other 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the United 
     States, a State, or a political subdivision thereof, may move 
     to suppress the evidence obtained or derived from the 
     production of the communications of the person or information 
     about the communications or activities of the person on the 
     grounds that--
       ``(i) the information was unlawfully acquired; or
       ``(ii) the production was not made in accordance with an 
     order of authorization or approval.
       ``(B) Timing.--A motion described in subparagraph (A) shall 
     be made before the trial, hearing, or other proceeding 
     commences, unless there was no opportunity to make such a 
     motion or the person was not aware of the grounds of the 
     motion.
       ``(2) In camera and ex parte review by court.--
       ``(A) Definition.--In this paragraph, the term `covered 
     circumstance' means--
       ``(i) that--

       ``(I) a court or authority receives a notice under 
     subsection (c) or (d) of section 106, subsection (d) or (e) 
     of section 305, or subsection (c) or (d) of section 405 that 
     relates to the production of tangible things under this 
     title;
       ``(II) a motion is made under paragraph (1) of this 
     subsection; or
       ``(III) a motion or request is made by a person under any 
     other statute or rule of the United States or any State 
     before a court or authority of the United States or any State 
     to--

       ``(aa) discover or obtain applications or orders or other 
     materials relating to the production of tangible things under 
     this title; or
       ``(bb) discover, obtain, or suppress evidence or 
     information obtained or derived from the

[[Page S3345]]

     production of tangible things under this title; and
       ``(ii) that the Attorney General files an affidavit under 
     oath that disclosure or an adversary hearing would harm the 
     national security of the United States.
       ``(B) Authority.--In a covered circumstance, the applicable 
     district court of the United States, or if notice is given to 
     or the motion is made before another authority, the district 
     court of the United States in the same judicial district as 
     the authority, shall review in camera and ex parte the 
     application, order, and such other materials relating to the 
     production of tangible things under this title as may be 
     necessary to determine whether the production was lawfully 
     authorized and conducted.
       ``(C) Disclosure.--In making a determination under 
     subparagraph (B), the court may disclose to the applicable 
     person, under appropriate security procedures and protective 
     orders, portions of the application, order, or other 
     materials relating to the production only if such disclosure 
     would aid the court in making an accurate determination of 
     the legality of the surveillance.
       ``(3) Suppression of evidence; denial of motion.--If a 
     district court of the United States determines under 
     paragraph (2) that the production of tangible things under 
     this title was not lawfully authorized or conducted, the 
     court shall, in accordance with the requirements of law, 
     suppress the evidence which was unlawfully obtained or 
     derived from the production or otherwise grant the motion of 
     the movant. If the court determines that the production was 
     lawfully authorized and conducted, it shall deny the motion 
     of the movant except to the extent that due process requires 
     discovery or disclosure.
       ``(4) Finality of orders.--An order granting a motion or 
     request under paragraph (3), a determination under this 
     subsection that the production of tangible things under this 
     title was not lawfully authorized or conducted, and an order 
     of a district court of the United States requiring review or 
     granting disclosure of an application, order, or other 
     material relating to the production of tangible things under 
     this title shall be a final order and binding upon all courts 
     of the United States and the several States, except a United 
     States court of appeals and the Supreme Court of the United 
     States.
       ``(5) Destruction of unlawfully obtained evidence.--If a 
     district court of the United States determines under 
     paragraph (2) that the production of tangible things under 
     this title was not lawfully authorized or conducted, the 
     determination is a final order under paragraph (4), and the 
     district court finds there is no reason to believe that 
     destruction may endanger the national security of the United 
     States, interfere with a criminal, counterterrorism, or 
     counterintelligence investigation, interfere with diplomatic 
     relations, or endanger the life or physical safety of any 
     person, the Government shall destroy all copies of the 
     tangible things produced under this title in the possession 
     of the Government by not later than 30 days after the date of 
     issuance of the final court order.''.
                                 ______
                                 
  SA 1444. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill 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; which was ordered to lie on 
the table; as follows:

       On page 17, line 4, strike ``an electronic'' and all that 
     follows through ``Code)'' on line 9 and insert ``a 
     corporation or other legal entity''.
                                 ______
                                 
  SA 1445. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COURT APPROVAL FOR NATIONAL SECURITY LETTERS.

       (a) In General.--Section 2709(b) of title 18, United States 
     Code, is amended--
       (1) in the subsection heading, by striking ``Required 
     Certification'' and inserting ``Request Upon Authorization by 
     Court''; and
       (2) in the matter preceding paragraph (1), by striking 
     ``The Director'' and inserting ``If authorized by an order of 
     a Federal court (other than the court established under 
     section 103(a) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1803(a))), the Director''.
       (b) Right to Financial Privacy Act of 1978.--Section 
     1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 
     (12 U.S.C. 3414(a)(5)(A)) is amended by adding at the end the 
     following: ``A certification may only be made under this 
     subparagraph if authorized by an order of a Federal court 
     (other than the court established under section 103(a) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803(a))).''.
       (c) Fair Credit Reporting Act.--The Fair Credit Reporting 
     Act (15 U.S.C. 1681 et seq.) is amended--
       (1) in section 626 (15 U.S.C. 1681u)--
       (A) in subsection (a), in the second sentence, by inserting 
     ``if authorized by an order of a Federal court (other than 
     the court established under section 103(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))) 
     and'' after ``The Director or the Director's designee may 
     make such a certification only''; and
       (B) in subsection (b), in the second sentence, by inserting 
     ``if authorized by an order of a Federal court (other than 
     the court established under section 103(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))) 
     and'' after ``The Director or the Director's designee may 
     make such a certification only''; and
       (2) in section 627(b) (15 U.S.C. 1681v(b))--
       (A) in the subsection heading, by striking ``Form of'' and 
     inserting ``Requirements for''; and
       (B) by striking ``described in subsection (a) shall be 
     signed'' and inserting the following: ``described in 
     subsection (a)--
       ``(1) may only be made if authorized by an order of a 
     Federal court (other than the court established under section 
     103(a) of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1803(a))); and
       ``(2) shall be signed''.
                                 ______
                                 
  SA 1446. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION.

       (a) Short Title.--This section may be cited as the ``Fourth 
     Amendment Preservation and Protection Act of 2015''.
       (b) Findings.--Congress finds that the right under the 
     Fourth Amendment to the Constitution of the United States of 
     the people to be secure in their persons, houses, papers, and 
     effects against unreasonable searches and seizures is 
     violated when the Federal Government or a State or local 
     government acquires information voluntarily relinquished by a 
     person to another party for a limited business purpose 
     without the express informed consent of the person to the 
     specific request by the Federal Government or a State or 
     local government or a warrant, upon probable cause, supported 
     by oath or affirmation, and particularly describing the place 
     to be searched, and the persons or things to be seized.
       (c) Definition.--In this section, the term ``system of 
     records'' means any group of records from which information 
     is retrieved by the name of the individual or by some 
     identifying number, symbol, or other identifying particular 
     associated with the individual.
       (d) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), the 
     Federal Government and a State or local government may not 
     obtain or seek to obtain information relating to an 
     individual or group of individuals held by a third party in a 
     system of records, and no such information shall be 
     admissible in a criminal prosecution in a court of law.
       (2) Exception.--The Federal Government or a State or local 
     government may obtain, and a court may admit, information 
     relating to an individual held by a third party in a system 
     of records if--
       (A) the individual whose name or identification information 
     the Federal Government or State or local government is using 
     to access the information provides express and informed 
     consent to the search; or
       (B) the Federal Government or State or local government 
     obtains a warrant, upon probable cause, supported by oath or 
     affirmation, and particularly describing the place to be 
     searched, and the persons or things to be seized.
                                 ______
                                 
  SA 1447. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

[[Page S3346]]

     SEC. ___. CLARIFICATION ON PROHIBITION ON SEARCHING OF 
                   COLLECTIONS OF COMMUNICATIONS TO CONDUCT 
                   WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF 
                   UNITED STATES PERSONS.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1881a(b)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     such subparagraphs, as so redesignated, an additional two ems 
     from the left margin;
       (2) by striking ``An acquisition'' and inserting the 
     following:
       ``(1) In general.--An acquisition''; and
       (3) by adding at the end the following:
       ``(2) Clarification on prohibition on searching of 
     collections of communications of united states persons.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no officer or employee of the United States may conduct a 
     search of a collection of communications acquired under this 
     section in an effort to find communications of a particular 
     United States person (other than a corporation).
       ``(B) Concurrent authorization and exception for emergency 
     situations.--Subparagraph (A) shall not apply to a search for 
     communications related to a particular United States person 
     if--
       ``(i) such United States person is the subject of an order 
     or emergency authorization authorizing electronic 
     surveillance or physical search under section 105, 304, 703, 
     704, or 705 of this Act, or under title 18, United States 
     Code, for the effective period of that order;
       ``(ii) the entity carrying out the search has a reasonable 
     belief that the life or safety of such United States person 
     is threatened and the information is sought for the purpose 
     of assisting that person; or
       ``(iii) such United States person has consented to the 
     search.''.
                                 ______
                                 
  SA 1448. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES.

       (a) In General.--Except as provided in subsection (b), no 
     agency may mandate that a manufacturer, developer, or seller 
     of covered products design or alter the security functions in 
     its product or service to allow the surveillance of any user 
     of such product or service, or to allow the physical search 
     of such product, by any agency.
       (b) Exception.--Subsection (a) shall not apply to mandates 
     authorized under the Communications Assistance for Law 
     Enforcement Act (47 U.S.C. 1001 et seq.).
       (c) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given the term in 
     section 3502 of title 44, United States Code; and
       (2) the term ``covered product'' means any computer 
     hardware, computer software, or electronic device that is 
     made available to the general public.
                                 ______
                                 
  SA 1449. Mr. McCONNELL (for himself and Mr. Burr) proposed an 
amendment to the bill 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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:

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

                 TITLE I--FISA BUSINESS RECORDS REFORMS

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

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

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

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

301. Limits on use of unlawfully obtained information.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

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

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

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

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

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

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

               Subtitle A--Safety of Maritime Navigation

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

              Subtitle B--Prevention of Nuclear Terrorism

811. New section 2332i of title 18, United States Code.
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--

[[Page S3347]]

       (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. NOTICE TO THE ATTORNEY GENERAL ON CHANGES IN 
                   RETENTION OF CALL DETAIL RECORDS.

       Section 501 (50 U.S.C. 1861), as amended by section 106 of 
     this Act, is amended by adding at the end the following new 
     subsection:
       ``(k) Prospective Changes to Existing Practices Related to 
     Call Detail Records.--

[[Page S3348]]

       ``(1) In general.--Consistent with subsection (c)(2)(F), an 
     electronic communication service provider that has been 
     issued an order to produce call detail records pursuant to an 
     order under subsection (c) shall notify the Attorney General 
     if that service provider intends to retain its call detail 
     records for a period less than 18 months.
       ``(2) Timing of notice.--A notification under paragraph (1) 
     shall be made not less than 180 days prior to the date such 
     electronic communications service provider intends to 
     implement a policy to retain such records for a period less 
     than 18 months.''.

     SEC. 108. DEFINITIONS.

       Section 501 (50 U.S.C. 1861), as amended by section 107 of 
     this Act, is further amended by adding at the end the 
     following new subsection:
       ``(l) 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. 109. 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. 110. 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) Review and Certification.--The Director of National 
     Intelligence shall--
       (1) review the implementation of the transition from the 
     existing procedures for the production of call detail records 
     under title V of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), as in effect prior to the 
     effective date for the amendments made by sections 101 
     through 103 of this Act, to the new procedures pursuant to 
     the amendments made by sections 101 through 103 of this Act; 
     and
       (2) not later than 30 days before the effective date 
     specified in subsection (a), certify to Congress in writing 
     that--
       (A) the implementation of the transition described in 
     paragraph (1) is operationally effective to allow the timely 
     retrieval of foreign intelligence information from recipients 
     of an order issued under section 501(c)(2)(F) of the Foreign 
     Intelligence Surveillance Act of 1978, as amended by section 
     101 of this Act; and
       (B) the implementation of the amendments made by section 
     101 through 103 of this Act--
       (i) will not harm the national security of the United 
     States; and
       (ii) will ensure the protection of classified information 
     and classified intelligence sources and methods related to 
     such production of call detail records.
       (c) 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.

[[Page S3349]]

     SEC. 111. RULE OF CONSTRUCTION.

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

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

     SEC. 201. PROHIBITION ON BULK COLLECTION.

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

     SEC. 202. PRIVACY PROCEDURES.

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

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

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

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

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

     SEC. 401. APPOINTMENT OF AMICUS CURIAE.

       Section 103 (50 U.S.C. 1803) is amended by adding at the 
     end the following new subsections:
       ``(i) Amicus Curiae.--
       ``(1) Designation.--The presiding judges of the courts 
     established under subsections (a) and (b) shall, not later 
     than 180 days after the enactment of this subsection, jointly 
     designate not fewer than 5 individuals to be eligible to 
     serve as amicus curiae, who shall serve pursuant to rules the 
     presiding judges may establish. In designating such 
     individuals, the presiding judges may consider individuals 
     recommended by any source, including members of the Privacy 
     and Civil Liberties Oversight Board, the judges determine 
     appropriate.
       ``(2) Authorization.--A court established under subsection 
     (a) or (b), consistent with the requirement of subsection (c) 
     and any other statutory requirement that the court act 
     expeditiously or within a stated time--
       ``(A) shall appoint an individual who has been designated 
     under paragraph (1) to serve as amicus curiae to assist such 
     court in the consideration of any application for an order or 
     review that, in the opinion of the court, presents a novel or 
     significant interpretation of the law, unless the court 
     issues a finding that such appointment is not appropriate; 
     and
       ``(B) may appoint an individual or organization to serve as 
     amicus curiae, including to provide technical expertise, in 
     any instance as such court deems appropriate or, upon motion, 
     permit an individual or organization leave to file an amicus 
     curiae brief.
       ``(3) Qualifications of amicus curiae.--
       ``(A) Expertise.--Individuals designated under paragraph 
     (1) shall be persons who possess expertise in privacy and 
     civil liberties, intelligence collection, communications 
     technology, or any other area that may lend legal or 
     technical expertise to a court established under subsection 
     (a) or (b).
       ``(B) Security clearance.--Individuals designated pursuant 
     to paragraph (1) shall be persons who are determined to be 
     eligible for access to classified information necessary to 
     participate in matters before the courts. Amicus curiae 
     appointed by the court pursuant to paragraph (2) shall be 
     persons who are determined to be eligible for access to 
     classified information, if such access is necessary to 
     participate in the matters in which they may be appointed.
       ``(4) Duties.--If a court established under subsection (a) 
     or (b) appoints an amicus curiae under paragraph (2)(A), the 
     amicus curiae shall provide to the court, as appropriate--
       ``(A) legal arguments that advance the protection of 
     individual privacy and civil liberties;
       ``(B) information related to intelligence collection or 
     communications technology; or
       ``(C) legal arguments or information regarding any other 
     area relevant to the issue presented to the court.
       ``(5) Assistance.--An amicus curiae appointed under 
     paragraph (2)(A) may request that the court designate or 
     appoint additional amici curiae pursuant to paragraph (1) or 
     paragraph (2), to be available to assist the amicus curiae.
       ``(6) Access to information.--
       ``(A) In general.--If a court established under subsection 
     (a) or (b) appoints an amicus curiae under paragraph (2), the 
     amicus curiae--
       ``(i) shall have access to any legal precedent, 
     application, certification, petition, motion, or such other 
     materials that the court determines are relevant to the 
     duties of the amicus curiae; and
       ``(ii) may, if the court determines that it is relevant to 
     the duties of the amicus curiae, consult with any other 
     individuals designated pursuant to paragraph (1) regarding 
     information relevant to any assigned proceeding.
       ``(B) Briefings.--The Attorney General may periodically 
     brief or provide relevant materials to individuals designated 
     pursuant to paragraph (1) regarding constructions and 
     interpretations of this Act and legal, technological, and 
     other issues related to actions authorized by this Act.
       ``(C) Classified information.--An amicus curiae designated 
     or appointed by the court may have access to classified 
     documents, information, and other materials or proceedings 
     only if that individual is eligible for access to classified 
     information and to the extent consistent with the national 
     security of the United States.
       ``(D) Rule of construction.--Nothing in this section shall 
     be construed to require the Government to provide information 
     to an amicus curiae appointed by the court that is privileged 
     from disclosure.
       ``(7) Notification.--A presiding judge of a court 
     established under subsection (a) or (b)

[[Page S3350]]

     shall notify the Attorney General of each exercise of the 
     authority to appoint an individual to serve as amicus curiae 
     under paragraph (2).
       ``(8) Assistance.--A court established under subsection (a) 
     or (b) may request and receive (including on a 
     nonreimbursable basis) the assistance of the executive branch 
     in the implementation of this subsection.
       ``(9) Administration.--A court established under subsection 
     (a) or (b) may provide for the designation, appointment, 
     removal, training, or other support for an individual 
     designated to serve as amicus curiae under paragraph (1) or 
     appointed to serve as amicus curiae under paragraph (2) in a 
     manner that is not inconsistent with this subsection.
       ``(10) Receipt of information.--Nothing in this subsection 
     shall limit the ability of a court established under 
     subsection (a) or (b) to request or receive information or 
     materials from, or otherwise communicate with, the Government 
     or amicus curiae appointed under paragraph (2) on an ex parte 
     basis, nor limit any special or heightened obligation in any 
     ex parte communication or proceeding.
       ``(j) Review of FISA Court Decisions.--Following issuance 
     of an order under this Act, a court established under 
     subsection (a) shall certify for review to the court 
     established under subsection (b) any question of law that may 
     affect resolution of the matter in controversy that the court 
     determines warrants such review because of a need for 
     uniformity or because consideration by the court established 
     under subsection (b) would serve the interests of justice. 
     Upon certification of a question of law under this 
     subsection, the court established under subsection (b) may 
     give binding instructions or require the entire record to be 
     sent up for decision of the entire matter in controversy.
       ``(k) Review of FISA Court of Review Decisions.--
       ``(1) Certification.--For purposes of section 1254(2) of 
     title 28, United States Code, the court of review established 
     under subsection (b) shall be considered to be a court of 
     appeals.
       ``(2) Amicus curiae briefing.--Upon certification of an 
     application under paragraph (1), the Supreme Court of the 
     United States may appoint an amicus curiae designated under 
     subsection (i)(1), or any other person, to provide briefing 
     or other assistance.''.

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

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

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

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

                        ``TITLE VI--OVERSIGHT'';

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

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

     SEC. 501. PROHIBITION ON BULK COLLECTION.

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

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

       (a) Counterintelligence Access to Telephone Toll and 
     Transactional Records.--Section 2709 of title 18, United 
     States Code, is amended by striking subsection (c) and 
     inserting the following new subsection:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under subsection (d) is provided, no wire or electronic 
     communication service provider that receives a request under 
     subsection (b), or officer, employee, or agent thereof, shall 
     disclose to any person that the Federal Bureau of 
     Investigation has sought or obtained access to information or 
     records under this section.
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A wire or electronic communication 
     service provider that receives a request under subsection 
     (b), or officer, employee, or agent thereof, may disclose 
     information otherwise subject to any applicable nondisclosure 
     requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Application.--A person to whom disclosure is made 
     under subparagraph (A) shall be subject to the nondisclosure 
     requirements applicable to a person to whom a request is 
     issued under subsection (b) in the same manner as the person 
     to whom the request is issued.
       ``(C) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall notify the person of the 
     applicable nondisclosure requirement.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the Federal Bureau of 
     Investigation or the designee of the Director, any person 
     making or intending to make a disclosure under clause (i) or 
     (iii) of subparagraph (A) shall identify to the Director or 
     such designee the person to whom such disclosure will be made 
     or to whom such disclosure was made prior to the request.''.

[[Page S3351]]

       (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--

[[Page S3352]]

       ``(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

[[Page S3353]]

       (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

[[Page S3354]]

       (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

[[Page S3355]]

     the Select Committee on Intelligence and the Committee on the 
     Judiciary of the Senate'' and inserting ``Permanent Select 
     Committee on Intelligence and the Committee on the Judiciary 
     of the House of Representatives and the Select Committee on 
     Intelligence and the Committee on the Judiciary of the 
     Senate''.

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

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

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

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

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

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

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

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

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

     SEC. 705. SUNSETS.

       (a) USA PATRIOT Improvement and Reauthorization Act of 
     2005.--Section 102(b)(1) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended 
     by striking ``June 1, 2015'' and inserting ``December 15, 
     2019''.
       (b) Intelligence Reform and Terrorism Prevention Act of 
     2004.--Section 6001(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is 
     amended by striking ``June 1, 2015'' and inserting ``December 
     15, 2019''.
       (c) Conforming Amendment.--Section 102(b)(1) of the USA 
     PATRIOT Improvement and Reauthorization Act of 2005 (50 
     U.S.C. 1805 note), as amended by subsection (a), is further 
     amended by striking ``sections 501, 502, and'' and inserting 
     ``title V and section''.

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

               Subtitle A--Safety of Maritime Navigation

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

       Section 2280 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A)(i), by striking ``a ship flying the 
     flag of the United States'' and inserting ``a vessel of the 
     United States or a vessel subject to the jurisdiction of the 
     United States (as defined in section 70502 of title 46)'';
       (B) in paragraph (1)(A)(ii), by inserting ``, including the 
     territorial seas'' after ``in the United States''; and
       (C) in paragraph (1)(A)(iii), by inserting ``, by a United 
     States corporation or legal entity,'' after ``by a national 
     of the United States'';
       (2) in subsection (c), by striking ``section 2(c)'' and 
     inserting ``section 13(c)'';
       (3) by striking subsection (d);
       (4) by striking subsection (e) and inserting after 
     subsection (c) the following:
       ``(d) Definitions.--As used in this section, section 2280a, 
     section 2281, and section 2281a, the term--
       ``(1) `applicable treaty' means--
       ``(A) the Convention for the Suppression of Unlawful 
     Seizure of Aircraft, done at The Hague on 16 December 1970;
       ``(B) the Convention for the Suppression of Unlawful Acts 
     against the Safety of Civil Aviation, done at Montreal on 23 
     September 1971;
       ``(C) the Convention on the Prevention and Punishment of 
     Crimes against Internationally Protected Persons, including 
     Diplomatic Agents, adopted by the General Assembly of the 
     United Nations on 14 December 1973;
       ``(D) International Convention against the Taking of 
     Hostages, adopted by the General Assembly of the United 
     Nations on 17 December 1979;
       ``(E) the Convention on the Physical Protection of Nuclear 
     Material, done at Vienna on 26 October 1979;
       ``(F) the Protocol for the Suppression of Unlawful Acts of 
     Violence at Airports Serving International Civil Aviation, 
     supplementary to the Convention for the Suppression of 
     Unlawful Acts against the Safety of Civil Aviation, done at 
     Montreal on 24 February 1988;
       ``(G) the Protocol for the Suppression of Unlawful Acts 
     against the Safety of Fixed Platforms Located on the 
     Continental Shelf, done at Rome on 10 March 1988;
       ``(H) International Convention for the Suppression of 
     Terrorist Bombings, adopted by the General Assembly of the 
     United Nations on 15 December 1997; and
       ``(I) International Convention for the Suppression of the 
     Financing of Terrorism, adopted by the General Assembly of 
     the United Nations on 9 December 1999;
       ``(2) `armed conflict' does not include internal 
     disturbances and tensions, such as riots, isolated and 
     sporadic acts of violence, and other acts of a similar 
     nature;
       ``(3) `biological weapon' means--
       ``(A) microbial or other biological agents, or toxins 
     whatever their origin or method of production, of types and 
     in quantities that have no justification for prophylactic, 
     protective, or other peaceful purposes; or
       ``(B) weapons, equipment, or means of delivery designed to 
     use such agents or toxins for hostile purposes or in armed 
     conflict;
       ``(4) `chemical weapon' means, together or separately--
       ``(A) toxic chemicals and their precursors, except where 
     intended for--
       ``(i) industrial, agricultural, research, medical, 
     pharmaceutical, or other peaceful purposes;
       ``(ii) protective purposes, namely those purposes directly 
     related to protection against toxic chemicals and to 
     protection against chemical weapons;
       ``(iii) military purposes not connected with the use of 
     chemical weapons and not dependent on the use of the toxic 
     properties of chemicals as a method of warfare; or
       ``(iv) law enforcement including domestic riot control 
     purposes,
     as long as the types and quantities are consistent with such 
     purposes;
       ``(B) munitions and devices, specifically designed to cause 
     death or other harm through

[[Page S3356]]

     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

[[Page S3357]]

       ``(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,

[[Page S3358]]

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

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

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

       Section 831 of title 18, United States Code, is amended--
        (a) in subsection (a)--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9);
       (2) by inserting after paragraph (2) the following:
       ``(3) without lawful authority, intentionally carries, 
     sends or moves nuclear material into or out of a country;'';
       (3) in paragraph (8), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (5)''; and
       (4) in paragraph (9), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (7)'';
       (b) in subsection (b)--
       (1) in paragraph (1), by striking ``(7)'' and inserting 
     ``(8)''; and
       (2) in paragraph (2), by striking ``(8)'' and inserting 
     ``(9)'';
       (c) in subsection (c)--
       (1) in subparagraph (2)(A), by adding after ``United 
     States'' the following: ``or a stateless person whose 
     habitual residence is in the United States'';
       (2) by striking paragraph (5);
       (3) in paragraph (4), by striking ``or'' at the end; and
       (4) by inserting after paragraph (4), the following:
       ``(5) the offense is committed on board a vessel of the 
     United States or a vessel subject to the jurisdiction of the 
     United States (as defined in section 70502 of title 46) or on 
     board an aircraft that is registered under United States law, 
     at the time the offense is committed;
       ``(6) the offense is committed outside the United States 
     and against any state or government facility of the United 
     States; or
       ``(7) the offense is committed in an attempt to compel the 
     United States to do or abstain from doing any act, or 
     constitutes a threat directed at the United States.'';
       (d) by redesignating subsections (d) through (f) as (e) 
     through (g), respectively;
       (e) by inserting after subsection (c) the following:
       ``(d) Nonapplicability.--This section does not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.''; and
       (f) in subsection (g), as redesignated--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (3) by inserting after paragraph (7), the following:
       ``(8) the term `armed conflict' has the meaning given that 
     term in section 2332f(e)(11) of this title;
       ``(9) the term `military forces of a state' means the armed 
     forces of a country that are organized, trained and equipped 
     under its internal law for the primary purpose of national 
     defense or security and persons acting in support of those 
     armed forces who are under their formal command, control and 
     responsibility;
       ``(10) the term `state' has the same meaning as that term 
     has under international law, and includes all political 
     subdivisions thereof;
       ``(11) the term `state or government facility' has the 
     meaning given that term in section 2332f(e)(3) of this title; 
     and
       ``(12) the term `vessel of the United States' has the 
     meaning given that term in section 70502 of title 46.''.
                                 ______
                                 
  SA 1450. Mr. McCONNELL proposed an amendment to amendment SA 1449 
proposed by Mr. McConnell (for himself and Mr. Burr) to the bill 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; as 
follows:

       Strike Sec. 110(a) and insert the following:
       (a) In General.--The amendments made by sections 101 
     through 103 shall take effect on the date that is 12 months 
     after the date of the enactment of this Act.

[[Page S3359]]

                                 ______
                                 
  SA 1451. Mr. McCONNELL proposed an amendment to amendment SA 1450 
proposed by Mr. McConnell to the amendment SA 1449 proposed by Mr. 
McConnell (for himself and Mr. Burr) to the bill 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; as follows:

       At the end, add the following:
       (b) Noneffect of Certain Provisions.--Section 401 of this 
     Act, relating to appointment of amicus curiae, shall have no 
     force or effect.

     SEC. 110A. APPOINTMENT OF AMICUS CURIAE.

       Section 103 (50 U.S.C. 1803) is amended by adding at the 
     end the following new subsections:
       ``(i) Amicus Curiae.--
       ``(1) Authorization.--A court established under subsection 
     (a) or (b) is authorized, consistent with the requirement of 
     subsection (c) and any other statutory requirement that the 
     court act expeditiously or within a stated time--
       ``(A) to appoint amicus curiae to--
       ``(i) assist the 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; or
       ``(ii) provide technical expertise in any instance the 
     court considers appropriate; or
       ``(B) upon motion, to permit an individual or organization 
     leave to file an amicus curiae brief.
       ``(2) Designation.--The courts established by subsection 
     (a) and (b) shall each designate 1 or more individuals who 
     may be appointed to serve as amicus curiae and who are 
     determined to be eligible for access to classified national 
     security information necessary to participate in matters 
     before such courts (if such access is necessary for 
     participation in the matters for which they may be 
     appointed). In appointing an amicus curiae pursuant to 
     paragraph (1), the court may choose from among those so 
     designated.
       ``(3) Expertise.--An individual appointed as an amicus 
     curiae under paragraph (1) may be an individual who possesses 
     expertise on privacy and civil liberties, intelligence 
     collection, communications technology, or any other area that 
     may lend legal or technical expertise to the court.
       ``(4) Duties.--An amicus curiae appointed under paragraph 
     (1) to assist with the consideration of a covered matter 
     shall carry out the duties assigned by the appointing court. 
     That court may authorize the amicus curiae to review any 
     application, certification, petition, motion, or other 
     submission that the court determines is relevant to the 
     duties assigned by the court.
       ``(5) Notification.--A court established under subsection 
     (a) or (b) shall notify the Attorney General of each exercise 
     of the authority to appoint an amicus curiae under paragraph 
     (1).
       ``(6) Assistance.--A court established under subsection (a) 
     or (b) may request and receive (including on a non-
     reimbursable basis) the assistance of the executive branch in 
     the implementation of this subsection.
       ``(7) Administration.--A court established under subsection 
     (a) or (b) may provide for the designation, appointment, 
     removal, training, or other support of an amicus curiae 
     appointed under paragraph (1) in a manner that is not 
     inconsistent with this subsection.
       ``(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)(3), or any other person, to provide briefing 
     or other assistance.''.
                                 ______
                                 
  SA 1452. Mr. McCONNELL (for himself and Mr. Burr) proposed an 
amendment to the bill 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; as follows:

       Strike all after the first word and insert the following:

     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:

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

                 TITLE I--FISA BUSINESS RECORDS REFORMS

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

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

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

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

301. Limits on use of unlawfully obtained information.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

401. Appointment of amicus curiae.

                TITLE V--NATIONAL SECURITY LETTER REFORM

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

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

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

            TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

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

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

               Subtitle A--Safety of Maritime Navigation

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

              Subtitle B--Prevention of Nuclear Terrorism

811. New section 2332i of title 18, United States Code.
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

[[Page S3360]]

       (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:

[[Page S3361]]

       ``(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. NOTICE TO THE ATTORNEY GENERAL ON CHANGES IN 
                   RETENTION OF CALL DETAIL RECORDS.

       Section 501 (50 U.S.C. 1861), as amended by section 106 of 
     this Act, is amended by adding at the end the following new 
     subsection:
       ``(k) Prospective Changes to Existing Practices Related to 
     Call Detail Records.--
       ``(1) In general.--Consistent with subsection (c)(2)(F), an 
     electronic communication service provider that has been 
     issued an order to produce call detail records pursuant to an 
     order under subsection (c) shall notify the Attorney General 
     if that service provider intends to retain its call detail 
     records for a period less than 18 months.
       ``(2) Timing of notice.--A notification under paragraph (1) 
     shall be made not less than 180 days prior to the date such 
     electronic communications service provider intends to 
     implement a policy to retain such records for a period less 
     than 18 months.''.

     SEC. 108. DEFINITIONS.

       Section 501 (50 U.S.C. 1861), as amended by section 107 of 
     this Act, is further amended by adding at the end the 
     following new subsection:
       ``(l) 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. 109. 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. 110. EFFECTIVE DATE.

       (a) In General.--The amendments made by sections 101 
     through 103 shall take effect on the date that is 1 year 
     after the date of the enactment of this Act.
       (b) Review and Certification.--The Director of National 
     Intelligence shall--
       (1) review the implementation of the transition from the 
     existing procedures for the production of call detail records 
     under title V of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), as in effect prior to the 
     effective date for the amendments made by sections 101 
     through 103 of this Act, to the new procedures pursuant to 
     the amendments made by sections 101 through 103 of this Act; 
     and
       (2) not later than 30 days before the effective date 
     specified in subsection (a), certify to Congress in writing 
     that--

[[Page S3362]]

       (A) the implementation of the transition described in 
     paragraph (1) is operationally effective to allow the timely 
     retrieval of foreign intelligence information from recipients 
     of an order issued under section 501(c)(2)(F) of the Foreign 
     Intelligence Surveillance Act of 1978, as amended by section 
     101 of this Act; and
       (B) the implementation of the amendments made by section 
     101 through 103 of this Act--
       (i) will not harm the national security of the United 
     States; and
       (ii) will ensure the protection of classified information 
     and classified intelligence sources and methods related to 
     such production of call detail records.
       (c) 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. 111. RULE OF CONSTRUCTION.

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

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

     SEC. 201. PROHIBITION ON BULK COLLECTION.

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

     SEC. 202. PRIVACY PROCEDURES.

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

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

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

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

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

     SEC. 401. APPOINTMENT OF AMICUS CURIAE.

       Section 103 (50 U.S.C. 1803) is amended by adding at the 
     end the following new subsections:
       ``(i) Amicus Curiae.--
       ``(1) Authorization.--A court established under subsection 
     (a) or (b) is authorized, consistent with the requirement of 
     subsection (c) and any other statutory requirement that the 
     court act expeditiously or within a stated time--
       ``(A) to appoint amicus curiae to--
       ``(i) assist the 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; or
       ``(ii) provide technical expertise in any instance the 
     court considers appropriate; or
       ``(B) upon motion, to permit an individual or organization 
     leave to file an amicus curiae brief.
       ``(2) Designation.--The courts established by subsection 
     (a) and (b) shall each designate 1 or more individuals who 
     may be appointed to serve as amicus curiae and who are 
     determined to be eligible for access to classified national 
     security information necessary to participate in matters 
     before such courts (if such access is necessary for 
     participation in the matters for which they may be 
     appointed). In appointing an amicus curiae pursuant to 
     paragraph (1), the court may choose from among those so 
     designated.
       ``(3) Expertise.--An individual appointed as an amicus 
     curiae under paragraph (1) may be an individual who possesses 
     expertise on privacy and civil liberties, intelligence 
     collection, communications technology, or any other area that 
     may lend legal or technical expertise to the court.
       ``(4) Duties.--An amicus curiae appointed under paragraph 
     (1) to assist with the consideration of a covered matter 
     shall carry out the duties assigned by the appointing court. 
     That court may authorize the amicus curiae to review any 
     application, certification, petition, motion, or other 
     submission that the court determines is relevant to the 
     duties assigned by the court.
       ``(5) Notification.--A court established under subsection 
     (a) or (b) shall notify the Attorney General of each exercise 
     of the authority to appoint an amicus curiae under paragraph 
     (1).
       ``(6) Assistance.--A court established under subsection (a) 
     or (b) may request and receive (including on a non-
     reimbursable basis) the assistance of the executive branch in 
     the implementation of this subsection.
       ``(7) Administration.--A court established under subsection 
     (a) or (b) may provide for the designation, appointment, 
     removal, training, or other support of an amicus curiae 
     appointed under paragraph (1) in a manner that is not 
     inconsistent with this subsection.
       ``(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

[[Page S3363]]

     may appoint an amicus curiae designated under subsection 
     (i)(3), or any other person, to provide briefing or other 
     assistance.''.

                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

[[Page S3364]]

     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

[[Page S3365]]

       ``(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

[[Page S3366]]

       ``(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

[[Page S3367]]

     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

[[Page S3368]]

     to engage in such proliferation or activities in preparation 
     therefor; or''.

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

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

     SEC. 705. SUNSETS.

       (a) USA PATRIOT Improvement and Reauthorization Act of 
     2005.--Section 102(b)(1) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended 
     by striking ``June 1, 2015'' and inserting ``December 15, 
     2019''.
       (b) Intelligence Reform and Terrorism Prevention Act of 
     2004.--Section 6001(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is 
     amended by striking ``June 1, 2015'' and inserting ``December 
     15, 2019''.
       (c) Conforming Amendment.--Section 102(b)(1) of the USA 
     PATRIOT Improvement and Reauthorization Act of 2005 (50 
     U.S.C. 1805 note), as amended by subsection (a), is further 
     amended by striking ``sections 501, 502, and'' and inserting 
     ``title V and section''.

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

               Subtitle A--Safety of Maritime Navigation

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

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

[[Page S3369]]

     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.--

[[Page S3370]]

       ``(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.''.

[[Page S3371]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113B of title 18, United States Code, is 
     amended by inserting after the item relating to section 2332h 
     the following:

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

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

       Section 831 of title 18, United States Code, is amended--
        (a) in subsection (a)--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9);
       (2) by inserting after paragraph (2) the following:
       ``(3) without lawful authority, intentionally carries, 
     sends or moves nuclear material into or out of a country;'';
       (3) in paragraph (8), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (5)''; and
       (4) in paragraph (9), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (7)'';
       (b) in subsection (b)--
       (1) in paragraph (1), by striking ``(7)'' and inserting 
     ``(8)''; and
       (2) in paragraph (2), by striking ``(8)'' and inserting 
     ``(9)'';
       (c) in subsection (c)--
       (1) in subparagraph (2)(A), by adding after ``United 
     States'' the following: ``or a stateless person whose 
     habitual residence is in the United States'';
       (2) by striking paragraph (5);
       (3) in paragraph (4), by striking ``or'' at the end; and
       (4) by inserting after paragraph (4), the following:
       ``(5) the offense is committed on board a vessel of the 
     United States or a vessel subject to the jurisdiction of the 
     United States (as defined in section 70502 of title 46) or on 
     board an aircraft that is registered under United States law, 
     at the time the offense is committed;
       ``(6) the offense is committed outside the United States 
     and against any state or government facility of the United 
     States; or
       ``(7) the offense is committed in an attempt to compel the 
     United States to do or abstain from doing any act, or 
     constitutes a threat directed at the United States.'';
       (d) by redesignating subsections (d) through (f) as (e) 
     through (g), respectively;
       (e) by inserting after subsection (c) the following:
       ``(d) Nonapplicability.--This section does not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.''; and
       (f) in subsection (g), as redesignated--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (3) by inserting after paragraph (7), the following:
       ``(8) the term `armed conflict' has the meaning given that 
     term in section 2332f(e)(11) of this title;
       ``(9) the term `military forces of a state' means the armed 
     forces of a country that are organized, trained and equipped 
     under its internal law for the primary purpose of national 
     defense or security and persons acting in support of those 
     armed forces who are under their formal command, control and 
     responsibility;
       ``(10) the term `state' has the same meaning as that term 
     has under international law, and includes all political 
     subdivisions thereof;
       ``(11) the term `state or government facility' has the 
     meaning given that term in section 2332f(e)(3) of this title; 
     and
       ``(12) the term `vessel of the United States' has the 
     meaning given that term in section 70502 of title 46.''.
                                 ______
                                 
  SA 1453. Mr. McConnell proposed an amendment to amendment SA 1452 
proposed by Mr. McConnell (for himself and Mr. Burr) to the bill 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; as 
follows:

       At the end of the amendment, add the following:
       ``This Act shall take effect 1 day after the date of 
     enactment.''

                          ____________________