[Congressional Record Volume 161, Number 85 (Sunday, May 31, 2015)]
[Senate]
[Pages S3359-S3371]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.''.
______