[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 114-23
114th Congress
An Act
To reform the authorities of the Federal Government to require the
production of certain business records, conduct electronic surveillance,
use pen registers and trap and trace devices, and use other forms of
information gathering for foreign intelligence, counterterrorism, and
criminal purposes, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting and
Strengthening America by Fulfilling Rights and Ensuring Effective
Discipline Over Monitoring Act of 2015'' or the ``USA FREEDOM Act of
2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978.
TITLE I--FISA BUSINESS RECORDS REFORMS
Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector General reports on business records orders.
Sec. 109. Effective date.
Sec. 110. Rule of construction.
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM
Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES
REFORMS
Sec. 301. Limits on use of unlawfully obtained information.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.
TITLE V--NATIONAL SECURITY LETTER REFORM
Sec. 501. Prohibition on bulk collection.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.
TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS
Sec. 601. Additional reporting on orders requiring production of
business records; business records compliance reports to
Congress.
[[Page 269]]
Sec. 602. Annual reports by the Government.
Sec. 603. Public reporting by persons subject to FISA orders.
Sec. 604. Reporting requirements for decisions, orders, and opinions of
the Foreign Intelligence Surveillance Court and the Foreign
Intelligence Surveillance Court of Review.
Sec. 605. Submission of reports under FISA.
TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS
Sec. 701. Emergencies involving non-United States persons.
Sec. 702. Preservation of treatment of non-United States persons
traveling outside the United States as agents of foreign
powers.
Sec. 703. Improvement to investigations of international proliferation
of weapons of mass destruction.
Sec. 704. Increase in penalties for material support of foreign
terrorist organizations.
Sec. 705. Sunsets.
TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM
CONVENTIONS IMPLEMENTATION
Subtitle A--Safety of Maritime Navigation
Sec. 801. Amendment to section 2280 of title 18, United States Code.
Sec. 802. New section 2280a of title 18, United States Code.
Sec. 803. Amendments to section 2281 of title 18, United States Code.
Sec. 804. New section 2281a of title 18, United States Code.
Sec. 805. Ancillary measure.
Subtitle B--Prevention of Nuclear Terrorism
Sec. 811. New section 2332i of title 18, United States Code.
Sec. 812. Amendment to section 831 of title 18, United States Code.
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
TITLE I--FISA BUSINESS RECORDS REFORMS
SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.
(a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``a statement'' and inserting ``in the case of an
application other than an application described in
subparagraph (C) (including an application for the
production of call detail records other than in the
manner described in subparagraph (C)), a statement'';
and
(B) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (D), respectively; and
(3) by inserting after subparagraph (B) (as so redesignated)
the following new subparagraph:
``(C) in the case of an application for the
production on an ongoing basis of call detail records
created before,
[[Page 270]]
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
[[Page 271]]
``(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.
[[Page 272]]
``(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
[[Page 273]]
and Reauthorization Act of 2005, the'' and inserting
``The''; and
(B) by inserting after ``adopt'' the following: ``,
and update as appropriate,''.
(b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)(i)--
(A) by striking ``that order'' and inserting ``the
production order or any nondisclosure order imposed in
connection with the production order''; and
(B) by striking the second sentence; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
SEC. 105. LIABILITY PROTECTION.
Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
``(e)(1) No cause of action shall lie in any court against a person
who--
``(A) produces tangible things or provides information,
facilities, or technical assistance in accordance with an order
issued or an emergency production required under this section;
or
``(B) otherwise provides technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act of 2015.
``(2) A production or provision of information, facilities, or
technical assistance described in paragraph (1) shall not be deemed to
constitute a waiver of any privilege in any other proceeding or
context.''.
SEC. 106. COMPENSATION FOR ASSISTANCE.
Section 501 (50 U.S.C. 1861), as amended by section 102 of this Act,
is further amended by adding at the end the following new subsection:
``(j) Compensation.--The Government shall compensate a person for
reasonable expenses incurred for--
``(1) producing tangible things or providing information,
facilities, or assistance in accordance with an order issued
with respect to an application described in subsection (b)(2)(C)
or an emergency production under subsection (i) that, to comply
with subsection (i)(1)(D), requires an application described in
subsection (b)(2)(C); or
``(2) otherwise providing technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act of 2015.''.
SEC. 107. DEFINITIONS.
Section 501 (50 U.S.C. 1861), as amended by section 106 of this Act,
is further amended by adding at the end the following new subsection:
``(k) Definitions.--In this section:
``(1) In general.--The terms `foreign power', `agent of a
foreign power', `international terrorism', `foreign intelligence
information', `Attorney General', `United States person',
`United States', `person', and `State' have the meanings
provided those terms in section 101.
``(2) Address.--The term `address' means a physical address
or electronic address, such as an electronic mail address
[[Page 274]]
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.''.
[[Page 275]]
SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.
Section 106A of the USA PATRIOT Improvement and Reauthorization Act
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar
years 2012 through 2014'' after ``2006'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3) (as so redesignated)--
(i) by striking subparagraph (C) and inserting
the following new subparagraph:
``(C) with respect to calendar years 2012 through
2014, an examination of the minimization procedures used
in relation to orders under section 501 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861)
and whether the minimization procedures adequately
protect the constitutional rights of United States
persons;''; and
(ii) in subparagraph (D), by striking ``(as
such term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C.
401a(4)))'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) <> Calendar years 2012 through
2014.--Not later than 1 year after the date of enactment of the
USA FREEDOM Act of 2015, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report containing
the results of the audit conducted under subsection (a) for
calendar years 2012 through 2014.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following new
subsection:
``(d) Intelligence Assessment.--
``(1) <> In general.--For the period
beginning on January 1, 2012, and ending on December 31, 2014,
the Inspector General of the Intelligence Community shall
assess--
``(A) the importance of the information acquired
under title V of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861 et seq.) to the activities
of the intelligence community;
``(B) the manner in which that information was
collected, retained, analyzed, and disseminated by the
intelligence community;
``(C) the minimization procedures used by elements
of the intelligence community under such title and
whether the minimization procedures adequately protect
the constitutional rights of United States persons; and
``(D) any minimization procedures proposed by an
element of the intelligence community under such title
that were modified or denied by the court established
under section 103(a) of such Act (50 U.S.C. 1803(a)).
[[Page 276]]
``(2) Submission date for assessment.--Not later than 180
days after the date on which the Inspector General of the
Department of Justice submits the report required under
subsection (c)(3), the Inspector General of the Intelligence
Community shall submit to the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate and the Committee
on the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report containing
the results of the assessment for calendar years 2012 through
2014.'';
(5) in subsection (e), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection
(c)(1) or (c)(2)'' and inserting ``any report
under subsection (c) or (d)''; and
(ii) by striking ``Inspector General of the
Department of Justice'' and inserting ``Inspector
General of the Department of Justice, the
Inspector General of the Intelligence Community,
and any Inspector General of an element of the
intelligence community that prepares a report to
assist the Inspector General of the Department of
Justice or the Inspector General of the
Intelligence Community in complying with the
requirements of this section''; and
(B) in paragraph (2), by striking ``the reports
submitted under subsections (c)(1) and (c)(2)'' and
inserting ``any report submitted under subsection (c) or
(d)'';
(6) in subsection (f), as redesignated by paragraph (3)--
(A) by striking ``The reports submitted under
subsections (c)(1) and (c)(2)'' and inserting ``Each
report submitted under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''; and
(7) by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(2) United states person.--The term `United States person'
has the meaning given that term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.
SEC. 109. EFFECTIVE DATE.
(a) <> In General.--The amendments made by
sections 101 through 103 shall take effect on the date that is 180 days
after the date of the enactment of this Act.
(b) <> Rule of Construction.--Nothing in
this Act shall be construed to alter or eliminate the authority of the
Government to obtain an order under title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) as in effect prior to
the effective date described in subsection (a) during the period ending
on such effective date.
SEC. 110. <> RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the production
of the contents (as such term is defined in section 2510(8) of title 18,
United States Code) of any electronic communication from an electronic
communication service provider (as such term
[[Page 277]]
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.--
[[Page 278]]
``(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.''.
[[Page 279]]
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
SEC. 401. APPOINTMENT OF AMICUS CURIAE.
Section 103 (50 U.S.C. 1803) is amended by adding at the end the
following new subsections:
``(i) Amicus Curiae.--
``(1) <> Designation.--The presiding judges
of the courts established under subsections (a) and (b) shall,
not later than 180 days after the enactment of this subsection,
jointly designate not fewer than 5 individuals to be eligible to
serve as amicus curiae, who shall serve pursuant to rules the
presiding judges may establish. In designating such individuals,
the presiding judges may consider individuals recommended by any
source, including members of the Privacy and Civil Liberties
Oversight Board, the judges determine appropriate.
``(2) Authorization.--A court established under subsection
(a) or (b), consistent with the requirement of subsection (c)
and any other statutory requirement that the court act
expeditiously or within a stated time--
``(A) shall appoint an individual who has been
designated under paragraph (1) to serve as amicus curiae
to assist such court in the consideration of any
application for an order or review that, in the opinion
of the court, presents a novel or significant
interpretation of the law, unless the court issues a
finding that such appointment is not appropriate; and
``(B) may appoint an individual or organization to
serve as amicus curiae, including to provide technical
expertise, in any instance as such court deems
appropriate or, upon motion, permit an individual or
organization leave to file an amicus curiae brief.
``(3) Qualifications of amicus curiae.--
``(A) Expertise.--Individuals designated under
paragraph (1) shall be persons who possess expertise in
privacy and civil liberties, intelligence collection,
communications technology, or any other area that may
lend legal or technical expertise to a court established
under subsection (a) or (b).
``(B) Security clearance.--Individuals designated
pursuant to paragraph (1) shall be persons who are
determined to be eligible for access to classified
information necessary to participate in matters before
the courts. Amicus curiae appointed by the court
pursuant to paragraph (2) shall be persons who are
determined to be eligible for access to classified
information, if such access is necessary to participate
in the matters in which they may be appointed.
``(4) Duties.--If a court established under subsection (a)
or (b) appoints an amicus curiae under paragraph (2)(A), the
amicus curiae shall provide to the court, as appropriate--
``(A) legal arguments that advance the protection of
individual privacy and civil liberties;
``(B) information related to intelligence collection
or communications technology; or
[[Page 280]]
``(C) legal arguments or information regarding any
other area relevant to the issue presented to the court.
``(5) Assistance.--An amicus curiae appointed under
paragraph (2)(A) may request that the court designate or appoint
additional amici curiae pursuant to paragraph (1) or paragraph
(2), to be available to assist the amicus curiae.
``(6) Access to information.--
``(A) In general.--If a court established under
subsection (a) or (b) appoints an amicus curiae under
paragraph (2), the amicus curiae--
``(i) shall have access to any legal
precedent, application, certification, petition,
motion, or such other materials that the court
determines are relevant to the duties of the
amicus curiae; and
``(ii) may, if the court determines that it is
relevant to the duties of the amicus curiae,
consult with any other individuals designated
pursuant to paragraph (1) regarding information
relevant to any assigned proceeding.
``(B) Briefings.--The Attorney General may
periodically brief or provide relevant materials to
individuals designated pursuant to paragraph (1)
regarding constructions and interpretations of this Act
and legal, technological, and other issues related to
actions authorized by this Act.
``(C) Classified information.--An amicus curiae
designated or appointed by the court may have access to
classified documents, information, and other materials
or proceedings only if that individual is eligible for
access to classified information and to the extent
consistent with the national security of the United
States.
``(D) Rule of construction.--Nothing in this section
shall be construed to require the Government to provide
information to an amicus curiae appointed by the court
that is privileged from disclosure.
``(7) Notification.--A presiding judge of a court
established under subsection (a) or (b) shall notify the
Attorney General of each exercise of the authority to appoint an
individual to serve as amicus curiae under paragraph (2).
``(8) Assistance.--A court established under subsection (a)
or (b) may request and receive (including on a nonreimbursable
basis) the assistance of the executive branch in the
implementation of this subsection.
``(9) Administration.--A court established under subsection
(a) or (b) may provide for the designation, appointment,
removal, training, or other support for an individual designated
to serve as amicus curiae under paragraph (1) or appointed to
serve as amicus curiae under paragraph (2) in a manner that is
not inconsistent with this subsection.
``(10) Receipt of information.--Nothing in this subsection
shall limit the ability of a court established under subsection
(a) or (b) to request or receive information or materials from,
or otherwise communicate with, the Government or amicus curiae
appointed under paragraph (2) on an ex parte basis, nor limit
any special or heightened obligation in any ex parte
communication or proceeding.
``(j) <> Review of FISA Court Decisions.--
Following issuance of an order under this Act, a court established under
subsection
[[Page 281]]
(a) shall certify for review to the court established under subsection
(b) any question of law that may affect resolution of the matter in
controversy that the court determines warrants such review because of a
need for uniformity or because consideration by the court established
under subsection (b) would serve the interests of justice. Upon
certification of a question of law under this subsection, the court
established under subsection (b) may give binding instructions or
require the entire record to be sent up for decision of the entire
matter in controversy.
``(k) Review of FISA Court of Review Decisions.--
``(1) Certification.--For purposes of section 1254(2) of
title 28, United States Code, the court of review established
under subsection (b) shall be considered to be a court of
appeals.
``(2) Amicus curiae briefing.--Upon certification of an
application under paragraph (1), the Supreme Court of the United
States may appoint an amicus curiae designated under subsection
(i)(1), or any other person, to provide briefing or other
assistance.''.
SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS.
(a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is
amended--
(1) <> in the heading, by striking
``REPORTING REQUIREMENT'' and inserting ``OVERSIGHT''; and
(2) by adding at the end the following new section:
``SEC. 602. <> DECLASSIFICATION OF
SIGNIFICANT DECISIONS, ORDERS, AND
OPINIONS.
``(a) Declassification Required.--Subject to subsection (b), the
Director of National Intelligence, in consultation with the Attorney
General, shall conduct a declassification review of each decision,
order, or opinion issued by the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Review (as defined in
section 601(e)) that includes a significant construction or
interpretation of any provision of law, including any novel or
significant construction or interpretation of the term `specific
selection term', and, consistent with that review, make publicly
available to the greatest extent practicable each such decision, order,
or opinion.
``(b) Redacted Form.--The Director of National Intelligence, in
consultation with the Attorney General, may satisfy the requirement
under subsection (a) to make a decision, order, or opinion described in
such subsection publicly available to the greatest extent practicable by
making such decision, order, or opinion publicly available in redacted
form.
``(c) National Security Waiver.--The Director of National
Intelligence, in consultation with the Attorney General, may waive the
requirement to declassify and make publicly available a particular
decision, order, or opinion under subsection (a), if--
``(1) the Director of National Intelligence, in consultation
with the Attorney General, determines that a waiver of such
requirement is necessary to protect the national security of the
United States or properly classified intelligence sources or
methods; and
``(2) the Director of National Intelligence makes publicly
available an unclassified statement prepared by the Attorney
General, in consultation with the Director of National
Intelligence--
[[Page 282]]
``(A) summarizing the significant construction or
interpretation of any provision of law, which shall
include, to the extent consistent with national
security, a description of the context in which the
matter arises and any significant construction or
interpretation of any statute, constitutional provision,
or other legal authority relied on by the decision; and
``(B) that specifies that the statement has been
prepared by the Attorney General and constitutes no part
of the opinion of the Foreign Intelligence Surveillance
Court or the Foreign Intelligence Surveillance Court of
Review.''.
(b) Table of Contents Amendments.--The table of contents in the
first section is amended--
(1) by striking the item relating to title VI and inserting
the following new item:
``TITLE VI--OVERSIGHT'';
and
(2) by inserting after the item relating to section 601 the
following new item:
``Sec. 602. Declassification of significant decisions, orders, and
opinions.''.
TITLE V--NATIONAL SECURITY LETTER REFORM
SEC. 501. PROHIBITION ON BULK COLLECTION.
(a) Counterintelligence Access to Telephone Toll and Transactional
Records.--Section 2709(b) of title 18, United States Code, is amended in
the matter preceding paragraph (1) by striking ``may'' and inserting
``may, using a term that specifically identifies a person, entity,
telephone number, or account as the basis for a request''.
(b) Access to Financial Records for Certain Intelligence and
Protective Purposes.--Section 1114(a)(2) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the
period and inserting ``and a term that specifically identifies a
customer, entity, or account to be used as the basis for the production
and disclosure of financial records.''.
(c) Disclosures to FBI of Certain Consumer Records for
Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting
Act (15 U.S.C. 1681u) is amended--
(1) in subsection (a), by striking ``that information,'' and
inserting ``that information that includes a term that
specifically identifies a consumer or account to be used as the
basis for the production of that information,'';
(2) in subsection (b), by striking ``written request,'' and
inserting ``written request that includes a term that
specifically identifies a consumer or account to be used as the
basis for the production of that information,''; and
(3) in subsection (c), by inserting ``, which shall include
a term that specifically identifies a consumer or account to be
used as the basis for the production of the information,'' after
``issue an order ex parte''.
(d) Disclosures to Governmental Agencies for Counterterrorism
Purposes of Consumer Reports.--Section 627(a) of
[[Page 283]]
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.
[[Page 284]]
``(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.
[[Page 285]]
``(C) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(D) Identification of disclosure recipients.--At
the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any
person making or intending to make a disclosure under
clause (i) or (iii) of subparagraph (A) shall identify
to the Director or such designee the person to whom such
disclosure will be made or to whom such disclosure was
made prior to the request.''.
(c) Identity of Financial Institutions and Credit Reports.--Section
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by
striking subsection (d) and inserting the following new subsection:
``(d) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under subsection (e) is provided, no
consumer reporting agency that receives a request under
subsection (a) or (b) or an order under subsection (c),
or officer, employee, or agent thereof, shall disclose
or specify in any consumer report, that the Federal
Bureau of Investigation has sought or obtained access to
information or records under subsection (a), (b), or
(c).
``(B) <> Certification.--The
requirements of subparagraph (A) shall apply if the
Director of the Federal Bureau of Investigation, or a
designee of the Director whose rank shall be no lower
than Deputy Assistant Director at Bureau headquarters or
a Special Agent in Charge of a Bureau field office,
certifies that the absence of a prohibition of
disclosure under this subsection may result in--
``(i) a danger to the national security of the
United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical safety
of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a) or (b) or an
order under subsection (c), or officer, employee, or
agent thereof, may disclose information otherwise
subject to any applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is
necessary in order to comply with the request;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(iii) other persons as permitted by the
Director of the Federal Bureau of Investigation or
the designee of the Director.
``(B) Application.--A person to whom disclosure is
made under subparagraph (A) shall be subject to the
nondisclosure requirements applicable to a person to
whom a request under subsection (a) or (b) or an order
under
[[Page 286]]
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.
[[Page 287]]
``(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.
[[Page 288]]
``(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
[[Page 289]]
request or order. An application under this subparagraph
may be filed in the district court of the United States
for the judicial district in which the recipient of the
order is doing business or in the district court of the
United States for any judicial district within which the
authorized investigation that is the basis for the
request is being conducted. The applicable nondisclosure
requirement shall remain in effect during the pendency
of proceedings relating to the requirement.
``(C) Consideration.--A district court of the United
States that receives a petition under subparagraph (A)
or an application under subparagraph (B) should rule
expeditiously, and shall, subject to paragraph (3),
issue a nondisclosure order that includes conditions
appropriate to the circumstances.
``(2) <> Application contents.--An
application for a nondisclosure order or extension thereof or a
response to a petition filed under paragraph (1) shall include a
certification from the Attorney General, Deputy Attorney
General, an Assistant Attorney General, or the Director of the
Federal Bureau of Investigation, or a designee in a position not
lower than Deputy Assistant Director at Bureau headquarters or a
Special Agent in Charge in a Bureau field office designated by
the Director, or in the case of a request by a department,
agency, or instrumentality of the Federal Government other than
the Department of Justice, the head or deputy head of the
department, agency, or instrumentality, containing a statement
of specific facts indicating that the absence of a prohibition
of disclosure under this subsection may result in--
``(A) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.
``(3) Standard.--A district court of the United States shall
issue a nondisclosure order or extension thereof under this
subsection if the court determines that there is reason to
believe that disclosure of the information subject to the
nondisclosure requirement during the applicable time period may
result in--
``(A) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.''.
SEC. 503. JUDICIAL REVIEW.
(a) Counterintelligence Access to Telephone Toll and Transactional
Records.--Section 2709 of title 18, United States Code, is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Judicial Review.--
[[Page 290]]
``(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
[[Page 291]]
(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).''.
[[Page 292]]
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
[[Page 293]]
relating to electronic communications or wire
communications obtained through acquisitions authorized
under such section, excluding the number of queries
containing information used to prevent the return of
information concerning a United States person;
``(3) the total number of orders issued pursuant to title IV
and a good faith estimate of--
``(A) the number of targets of such orders; and
``(B) the number of unique identifiers used to
communicate information collected pursuant to such
orders;
``(4) the total number of orders issued pursuant to
applications made under section 501(b)(2)(B) and a good faith
estimate of--
``(A) the number of targets of such orders; and
``(B) the number of unique identifiers used to
communicate information collected pursuant to such
orders;
``(5) the total number of orders issued pursuant to
applications made under section 501(b)(2)(C) and a good faith
estimate of--
``(A) the number of targets of such orders;
``(B) the number of unique identifiers used to
communicate information collected pursuant to such
orders; and
``(C) the number of search terms that included
information concerning a United States person that were
used to query any database of call detail records
obtained through the use of such orders; and
``(6) the total number of national security letters issued
and the number of requests for information contained within such
national security letters.
``(c) <> Timing.--The annual reports
required by subsections (a) and (b) shall be made publicly available
during April of each year and include information relating to the
previous calendar year.
``(d) Exceptions.--
``(1) Statement of numerical range.--If a good faith
estimate required to be reported under subparagraph (B) of any
of paragraphs (3), (4), or (5) of subsection (b) is fewer than
500, it shall be expressed as a numerical range of `fewer than
500' and shall not be expressed as an individual number.
``(2) Nonapplicability to certain information.--
``(A) Federal bureau of investigation.--Paragraphs
(2)(A), (2)(B), and (5)(C) of subsection (b) shall not
apply to information or records held by, or queries
conducted by, the Federal Bureau of Investigation.
``(B) Electronic mail address and telephone
numbers.--Paragraph (3)(B) of subsection (b) shall not
apply to orders resulting in the acquisition of
information by the Federal Bureau of Investigation that
does not include electronic mail addresses or telephone
numbers.
``(3) Certification.--
``(A) In general.--If the Director of National
Intelligence concludes that a good faith estimate
required to be reported under subsection (b)(2)(B)
cannot be determined accurately because some but not all
of the relevant elements of the intelligence community
are able to provide such good faith estimate, the
Director shall--
``(i) certify that conclusion in writing to
the Select Committee on Intelligence and the
Committee on the
[[Page 294]]
Judiciary of the Senate and the Permanent Select
Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives;
``(ii) report the good faith estimate for
those relevant elements able to provide such good
faith estimate;
``(iii) explain when it is reasonably
anticipated that such an estimate will be able to
be determined fully and accurately; and
``(iv) <> make such certification publicly
available on an Internet Web site.
``(B) Form.--A certification described in
subparagraph (A) shall be prepared in unclassified form,
but may contain a classified annex.
``(C) Timing.--If the Director of National
Intelligence continues to conclude that the good faith
estimates described in this paragraph cannot be
determined accurately, the Director shall annually
submit a certification in accordance with this
paragraph.
``(e) Definitions.--In this section:
``(1) Contents.--The term `contents' has the meaning given
that term under section 2510 of title 18, United States Code.
``(2) Electronic communication.--The term `electronic
communication' has the meaning given that term under section
2510 of title 18, United States Code.
``(3) National security letter.--The term `national security
letter' means a request for a report, records, or other
information under--
``(A) section 2709 of title 18, United States Code;
``(B) section 1114(a)(5)(A) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
``(C) subsection (a) or (b) of section 626 of the
Fair Credit Reporting Act (15 U.S.C. 1681u(a),
1681u(b)); or
``(D) section 627(a) of the Fair Credit Reporting
Act (15 U.S.C. 1681v(a)).
``(4) United states person.--The term `United States person'
means a citizen of the United States or an alien lawfully
admitted for permanent residence (as defined in section 101(a)
of the Immigration and Nationality Act (8 U.S.C. 1101(a))).
``(5) Wire communication.--The term `wire communication' has
the meaning given that term under section 2510 of title 18,
United States Code.''.
(b) Table of Contents Amendment.--The table of contents, as amended
by section 402 of this Act, is further amended by inserting after the
item relating to section 602, as added by section 402 of this Act, the
following new item:
``Sec. 603. Annual reports.''.
(c) Public Reporting on National Security Letters.--Section 118(c)
of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18
U.S.C. 3511 note) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``United States''; and
(B) in subparagraph (A), by striking ``, excluding
the number of requests for subscriber information'';
(2) by redesignating paragraph (2) as paragraph (3); and
[[Page 295]]
(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;
[[Page 296]]
``(ii) title V with respect to applications
described in section 501(b)(2)(B); and
``(iii) title V with respect to applications
described in section 501(b)(2)(C).
``(2) A semiannual report that aggregates the number of
orders, directives, or national security letters with which the
person was required to comply into separate categories of--
``(A) the number of national security letters
received, reported in bands of 500 starting with 0-499;
``(B) the number of customer selectors targeted by
national security letters, reported in bands of 500
starting with 0-499;
``(C) the number of orders or directives received,
combined, under this Act for contents, reported in bands
of 500 starting with 0-499;
``(D) the number of customer selectors targeted
under orders or directives received, combined, under
this Act for contents, reported in bands of 500 starting
with 0-499;
``(E) the number of orders received under this Act
for noncontents, reported in bands of 500 starting with
0-499; and
``(F) the number of customer selectors targeted
under orders received under this Act for noncontents,
reported in bands of 500 starting with 0-499.
``(3) A semiannual report that aggregates the number of
orders, directives, or national security letters with which the
person was required to comply in the into separate categories
of--
``(A) the total number of all national security
process received, including all national security
letters, and orders or directives under this Act,
combined, reported in bands of 250 starting with 0-249;
and
``(B) the total number of customer selectors
targeted under all national security process received,
including all national security letters, and orders or
directives under this Act, combined, reported in bands
of 250 starting with 0-249.
``(4) An annual report that aggregates the number of orders,
directives, and national security letters the person was
required to comply with into separate categories of--
``(A) the total number of all national security
process received, including all national security
letters, and orders or directives under this Act,
combined, reported in bands of 100 starting with 0-99;
and
``(B) the total number of customer selectors
targeted under all national security process received,
including all national security letters, and orders or
directives under this Act, combined, reported in bands
of 100 starting with 0-99.
``(b) Period of Time Covered by Reports.--
``(1) A report described in paragraph (1) or (2) of
subsection (a) shall include only information--
``(A) relating to national security letters for the
previous 180 days; and
``(B) relating to authorities under this Act for the
180-day period of time ending on the date that is not
less than 180 days prior to the date of the publication
of such
[[Page 297]]
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
[[Page 298]]
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--
[[Page 299]]
``(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).''.
[[Page 300]]
SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED STATES PERSONS
TRAVELING OUTSIDE THE UNITED STATES AS
AGENTS OF FOREIGN POWERS.
Section 101(b)(1) <> is amended--
(1) in subparagraph (A), by inserting before the semicolon
at the end the following: ``, irrespective of whether the person
is inside the United States''; and
(2) in subparagraph (B)--
(A) by striking ``of such person's presence in the
United States''; and
(B) by striking ``such activities in the United
States'' and inserting ``such activities''.
SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTERNATIONAL
PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION.
Section 101(b)(1) is further amended by striking subparagraph (E)
and inserting the following new subparagraph (E):
``(E) engages in the international proliferation of
weapons of mass destruction, or activities in
preparation therefor, for or on behalf of a foreign
power, or knowingly aids or abets any person in the
conduct of such proliferation or activities in
preparation therefor, or knowingly conspires with any
person to engage in such proliferation or activities in
preparation therefor; or''.
SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUPPORT OF FOREIGN
TERRORIST ORGANIZATIONS.
Section 2339B(a)(1) of title 18, United States Code, is amended by
striking ``15 years'' and inserting ``20 years''.
SEC. 705. SUNSETS.
(a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act
of 2005 (50 U.S.C. 1805 note) <> is amended by striking ``June 1, 2015'' and inserting ``December
15, 2019''.
(b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1,
2015'' and inserting ``December 15, 2019''.
(c) Conforming Amendment.--Section 102(b)(1) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805
note), <> as amended by
subsection (a), is further amended by striking ``sections 501, 502,
and'' and inserting ``title V and section''.
TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM
CONVENTIONS IMPLEMENTATION
Subtitle A--Safety of Maritime Navigation
SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED STATES
CODE.
Section 2280 of title 18, United States Code, is amended--
(1) in subsection (b)--
[[Page 301]]
(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
[[Page 302]]
``(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;
[[Page 303]]
``(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
[[Page 304]]
a party to the Convention for the Suppression of Unlawful Acts against
the Safety of Maritime Navigation. <> Before
delivering such person to the authorities of another country, the master
shall notify in an appropriate manner the Attorney General of the United
States of the alleged offense and await instructions from the Attorney
General as to what action to take. <> When
delivering the person to a country which is a state party to the
Convention, the master shall, whenever practicable, and if possible
before entering the territorial sea of such country, notify the
authorities of such country of the master's intention to deliver such
person and the reasons therefor. If the master delivers such person, the
master shall furnish to the authorities of such country the evidence in
the master's possession that pertains to the alleged offense.
``(g)(1) Civil Forfeiture.--Any real or personal property used or
intended to be used to commit or to facilitate the commission of a
violation of this section, the gross proceeds of such violation, and any
real or personal property traceable to such property or proceeds, shall
be subject to forfeiture.
``(2) Applicable Procedures.--Seizures and forfeitures under this
section shall be governed by the provisions of chapter 46 of title 18,
United States Code, relating to civil forfeitures, except that such
duties as are imposed upon the Secretary of the Treasury under the
customs laws described in section 981(d) shall be performed by such
officers, agents, and other persons as may be designated for that
purpose by the Secretary of Homeland Security, the Attorney General, or
the Secretary of Defense.''.
SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES CODE.
(a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding after section 2280 the following new section:
``Sec. 2280a. <> Violence against maritime
navigation and maritime transport involving
weapons of mass destruction
``(a) Offenses.--
``(1) <> In general.--Subject to the
exceptions in subsection (c), a person who unlawfully and
intentionally--
``(A) when the purpose of the act, by its nature or
context, is to intimidate a population, or to compel a
government or an international organization to do or to
abstain from doing any act--
``(i) uses against or on a ship or discharges
from a ship any explosive or radioactive material,
biological, chemical, or nuclear weapon or other
nuclear explosive device in a manner that causes
or is likely to cause death to any person or
serious injury or damage;
``(ii) discharges from a ship oil, liquefied
natural gas, or another hazardous or noxious
substance that is not covered by clause (i), in
such quantity or concentration that causes or is
likely to cause death to any person or serious
injury or damage; or
``(iii) uses a ship in a manner that causes
death to any person or serious injury or damage;
``(B) transports on board a ship--
``(i) any explosive or radioactive material,
knowing that it is intended to be used to cause,
or in a threat to cause, death to any person or
serious injury or damage for the purpose of
intimidating a population,
[[Page 305]]
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
[[Page 306]]
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,
[[Page 307]]
and any real or personal property traceable to such property or
proceeds, shall be subject to forfeiture.
``(2) Applicable Procedures.--Seizures and forfeitures under this
section shall be governed by the provisions of chapter 46 of title 18,
United States Code, relating to civil forfeitures, except that such
duties as are imposed upon the Secretary of the Treasury under the
customs laws described in section 981(d) shall be performed by such
officers, agents, and other persons as may be designated for that
purpose by the Secretary of Homeland Security, the Attorney General, or
the Secretary of Defense.''.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 111 of title 18, United States Code, <> is amended by adding after the item relating to section 2280
the following new item:
``2280a. Violence against maritime navigation and maritime transport
involving weapons of mass destruction.''.
SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED STATES
CODE.
Section 2281 of title 18, United States Code, is amended--
(1) in subsection (c), by striking ``section 2(c)'' and
inserting ``section 13(c)'';
(2) in subsection (d), by striking the definitions of
``national of the United States,'' ``territorial sea of the
United States,'' and ``United States''; and
(3) by inserting after subsection (d) the following:
``(e) Exceptions.--This section does not apply to--
``(1) the activities of armed forces during an armed
conflict, as those terms are understood under the law of war,
which are governed by that law; or
``(2) activities undertaken by military forces of a state in
the exercise of their official duties.''.
SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE.
(a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding after section 2281 the following new section:
``Sec. 2281a. <> Additional offenses against
maritime fixed platforms
``(a) Offenses.--
``(1) <> In general.--A person who
unlawfully and intentionally--
``(A) when the purpose of the act, by its nature or
context, is to intimidate a population, or to compel a
government or an international organization to do or to
abstain from doing any act--
``(i) uses against or on a fixed platform or
discharges from a fixed platform any explosive or
radioactive material, biological, chemical, or
nuclear weapon in a manner that causes or is
likely to cause death or serious injury or damage;
or
``(ii) discharges from a fixed platform oil,
liquefied natural gas, or another hazardous or
noxious substance that is not covered by clause
(i), in such quantity or concentration that causes
or is likely to cause death or serious injury or
damage;
[[Page 308]]
``(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.''.
[[Page 309]]
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--
[[Page 310]]
``(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
[[Page 311]]
``(C) a facility (including associated buildings and
equipment) in which nuclear material is produced,
processed, used, handled, stored or disposed of, if
damage to or interference with such facility could lead
to the release of significant amounts of radiation or
radioactive material;
``(7) `nuclear material' has the meaning given that term in
section 831(f)(1) of this title;
``(8) `radioactive material' means nuclear material and
other radioactive substances that contain nuclides that undergo
spontaneous disintegration (a process accompanied by emission of
one or more types of ionizing radiation, such as alpha-, beta-,
neutron particles and gamma rays) and that may, owing to their
radiological or fissile properties, cause death, serious bodily
injury or substantial damage to property or to the environment;
``(9) `serious bodily injury' has the meaning given that
term in section 831(f)(4) of this title;
``(10) `state' has the same meaning as that term has under
international law, and includes all political subdivisions
thereof;
``(11) `state or government facility' has the meaning given
that term in section 2332f(e)(3) of this title;
``(12) `United States corporation or legal entity' means any
corporation or other entity organized under the laws of the
United States or any State, Commonwealth, territory, possession
or district of the United States;
``(13) `vessel' has the meaning given that term in section
1502(19) of title 33; and
``(14) `vessel of the United States' has the meaning given
that term in section 70502 of title 46.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, <> is amended by inserting after the item relating to section
2332h the following:
``2332i. Acts of nuclear terrorism.''.
(c) <> Disclaimer.--Nothing contained in
this section is intended to affect the applicability of any other
Federal or State law that might pertain to the underlying conduct.
(d) Inclusion in Definition of Federal Crimes of Terrorism.--Section
2332b(g)(5)(B) of title 18, United States Code, is amended by inserting
``2332i (relating to acts of nuclear terrorism),'' before ``2339
(relating to harboring terrorists)''.
SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED STATES
CODE.
Section 831 of title 18, United States Code, is amended--
(a) in subsection (a)--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9);
(2) by inserting after paragraph (2) the following:
``(3) without lawful authority, intentionally carries, sends
or moves nuclear material into or out of a country;'';
(3) in paragraph (8), as redesignated, by striking ``an
offense under paragraph (1), (2), (3), or (4)'' and inserting
``any act prohibited under paragraphs (1) through (5)''; and
(4) in paragraph (9), as redesignated, by striking ``an
offense under paragraph (1), (2), (3), or (4)'' and inserting
``any act prohibited under paragraphs (1) through (7)'';
[[Page 312]]
(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
[[Page 313]]
``(12) the term `vessel of the United States' has the
meaning given that term in section 70502 of title 46.''.
Approved June 2, 2015.
LEGISLATIVE HISTORY--H.R. 2048:
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HOUSE REPORTS: No. 114-109, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 161 (2015):
May 13, considered and passed House.
May 31, June 1, 2, considered and passed Senate.