[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2048 Enrolled Bill (ENR)]
H.R.2048
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
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,

0c9f5b19e434ef8ad5071a9e43a51440245710344c622a25ef87193ebdb091a6

(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:

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03f0f482b02c76b872bacec4c280312278e595893cdb4f0fa2cf2c0660b08528

TITLE II

-FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

business records; business records compliance reports to
Congress.

d81f5132716800d52d4318f33d38aa734e121a941a050e7d0a8c2627fc0742bd

TITLE VI

-FISA TRANSPARENCY AND REPORTING REQUIREMENTS

the Foreign Intelligence Surveillance Court and the Foreign
Intelligence Surveillance Court of Review.

b02dc1572d9349475116fb0941935f05ef9de19bc904d8ace74060eddad6c453

traveling outside the United States as agents of foreign
powers.

82641c236ae31bd1981cb2e6d49a516d9a3216f96a0fa7fb3a933235464edf1f

TITLE VII

-ENHANCED NATIONAL SECURITY PROVISIONS

d57a338beeaff49939bb6133c76fb3f28da1aaff822d06fd1b91a5e7679b038a

a84d1f081985848121ec48e3d8042f0db482e96006914fd336db2b41583ece1c

CONVENTIONS IMPLEMENTATION
Subtitle A--Safety of Maritime Navigation

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Subtitle B--Prevention of Nuclear Terrorism

fa47d46e814a2c5ea6d96d86e1d90bc7a5111250194d9517c9c4d0ac1ff631a1

TITLE VIII

-SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM

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.).

1ba0f11fd1a234200d59143815cd88b8baeb1e59153085e73e13ace0c65a5a13

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

2d7147cfd095e97c04acfd65bce2b92cae6f3a2dede12f311eb265ed9ee2f625

TITLE I

-FISA BUSINESS RECORDS REFORMS

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

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(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).''.

23eeff086732f09906306bdde8c3e6433c9c21f9b6fad8d820d873eab3924f09

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

8df4ee932ce8aabcd8111f8c38964fbf7efd2ecf8aba56ffad6786ff1ce7288a

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.''.

1b7e1eed7ef4ddfadf774508e1c37bcba0ac91e836103c3ee4d5f1759186c36f

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.''.

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

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

6ff1fb71402e6607bd7adb37f45e9d0ae8bfb9a03c9050e059ea103840582029

(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.

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

1cafbdc5007ff817fd28d88e37faa9b29e06a137b0870589bb2bee83c876eacb

(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).''.

4990742013c995ee07ea5e99ae02371b27fd813b4bca6ce82bfb4821efb89d25

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

ab9943dcd37889c50cc73eb574c90e96e64efdad28d9edd5960efd8afa876655

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.''.

39d67aa7aac237e2caced3505764b82bea7c1c42478c4481d182330d845b3b28

TITLE III

-FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED

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

6d6f3b64ae0ec77ebbdba6d8f15a63f5fed6456dc0df7654c6ba2cb9c41e1908

TITLE IV

-FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

(a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is
amended--
(1) in the heading, by striking ``REPORTING REQUIREMENT'' and
inserting ``OVERSIGHT''; and
(2) by adding at the end the following new section:
``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND
OPINIONS.
``(a) Declassification Required.--Subject to subsection (b), the
Director of National Intelligence, in consultation with the Attorney
General, shall conduct a declassification review of each decision,
order, or opinion issued by the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Review (as defined in
section 601(e)) that includes a significant construction or
interpretation of any provision of law, including any novel or
significant construction or interpretation of the term `specific
selection term', and, consistent with that review, make publicly
available to the greatest extent practicable each such decision, order,
or opinion.
``(b) Redacted Form.--The Director of National Intelligence, in
consultation with the Attorney General, may satisfy the requirement
under subsection (a) to make a decision, order, or opinion described in
such subsection publicly available to the greatest extent practicable
by making such decision, order, or opinion publicly available in
redacted form.
``(c) National Security Waiver.--The Director of National
Intelligence, in consultation with the Attorney General, may waive the
requirement to declassify and make publicly available a particular
decision, order, or opinion under subsection (a), if--
``(1) the Director of National Intelligence, in consultation
with the Attorney General, determines that a waiver of such
requirement is necessary to protect the national security of the
United States or properly classified intelligence sources or
methods; and
``(2) the Director of National Intelligence makes publicly
available an unclassified statement prepared by the Attorney
General, in consultation with the Director of National
Intelligence--
``(A) summarizing the significant construction or
interpretation of any provision of law, which shall include, to
the extent consistent with national security, a description of
the context in which the matter arises and any significant
construction or interpretation of any statute, constitutional
provision, or other legal authority relied on by the decision;
and
``(B) that specifies that the statement has been prepared
by the Attorney General and constitutes no part of the opinion
of the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review.''.
(b) Table of Contents Amendments.--The table of contents in the
first section is amended--
(1) by striking the item relating to title VI and inserting the
following new item:
``TITLE VI--OVERSIGHT'';
and
(2) by inserting after the item relating to section 601 the
following new item:
``Sec. 602. Declassification of significant decisions, orders, and
opinions.''.

c1ff934e49a2526aad01fb6f27590023a60efb91db44544ed81c93100ec1ee2f

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

8a0f0e44f9f2575ceacb8920ea2872bbb551ca74b0bc53b4e9f6d78ebc850e8b

TITLE V

-NATIONAL SECURITY LETTER REFORM

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

3a06cf2d4791a76c4c5ccafe995d383f73382e075fe6d77648bb3598c8a14835

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

1635c83051f9a9992c659fd03aa9657d303bd77de50980a815eea08dbdc10b28

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).''.

26d9fb4ba13154efb38c24ca0e616dc7dc8e646724196c42150643481d1fc840

(a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by
section 402 of this Act, is further amended by adding at the end the
following new section:
``SEC. 603. ANNUAL REPORTS.
``(a) Report by Director of the Administrative Office of the United
States Courts.--
``(1) Report required.--The Director of the Administrative
Office of the United States Courts shall annually submit to the
Permanent Select Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives and the Select Committee
on Intelligence and the Committee on the Judiciary of the Senate,
subject to a declassification review by the Attorney General and
the Director of National Intelligence, a report that includes--
``(A) the number of applications or certifications for
orders submitted under each of sections 105, 304, 402, 501,
702, 703, and 704;
``(B) the number of such orders granted under each of those
sections;
``(C) the number of orders modified under each of those
sections;
``(D) the number of applications or certifications denied
under each of those sections;
``(E) the number of appointments of an individual to serve
as amicus curiae under section 103, including the name of each
individual appointed to serve as amicus curiae; and
``(F) the number of findings issued under section 103(i)
that such appointment is not appropriate and the text of any
such findings.
``(2) Publication.--The Director shall make the report required
under paragraph (1) publicly available on an Internet Web site,
except that the Director shall not make publicly available on an
Internet Web site the findings described in subparagraph (F) of
paragraph (1).
``(b) Mandatory Reporting by Director of National Intelligence.--
Except as provided in subsection (d), the Director of National
Intelligence shall annually make publicly available on an Internet Web
site a report that identifies, for the preceding 12-month period--
``(1) the total number of orders issued pursuant to titles I
and III and sections 703 and 704 and a good faith estimate of the
number of targets of such orders;
``(2) the total number of orders issued pursuant to section 702
and a good faith estimate of--
``(A) the number of search terms concerning a known United
States person used to retrieve the unminimized contents of
electronic communications or wire communications obtained
through acquisitions authorized under such section, excluding
the number of search terms used to prevent the return of
information concerning a United States person; and
``(B) the number of queries concerning a known United
States person of unminimized noncontents information relating
to electronic communications or wire communications obtained
through acquisitions authorized under such section, excluding
the number of queries containing information used to prevent
the return of information concerning a United States person;
``(3) the total number of orders issued pursuant to title IV
and a good faith estimate of--
``(A) the number of targets of such orders; and
``(B) the number of unique identifiers used to communicate
information collected pursuant to such orders;
``(4) the total number of orders issued pursuant to
applications made under section 501(b)(2)(B) and a good faith
estimate of--
``(A) the number of targets of such orders; and
``(B) the number of unique identifiers used to communicate
information collected pursuant to such orders;
``(5) the total number of orders issued pursuant to
applications made under section 501(b)(2)(C) and a good faith
estimate of--
``(A) the number of targets of such orders;
``(B) the number of unique identifiers used to communicate
information collected pursuant to such orders; and
``(C) the number of search terms that included information
concerning a United States person that were used to query any
database of call detail records obtained through the use of
such orders; and
``(6) the total number of national security letters issued and
the number of requests for information contained within such
national security letters.
``(c) Timing.--The annual reports required by subsections (a) and
(b) shall be made publicly available during April of each year and
include information relating to the previous calendar year.
``(d) Exceptions.--
``(1) Statement of numerical range.--If a good faith estimate
required to be reported under subparagraph (B) of any of paragraphs
(3), (4), or (5) of subsection (b) is fewer than 500, it shall be
expressed as a numerical range of `fewer than 500' and shall not be
expressed as an individual number.
``(2) Nonapplicability to certain information.--
``(A) Federal bureau of investigation.--Paragraphs (2)(A),
(2)(B), and (5)(C) of subsection (b) shall not apply to
information or records held by, or queries conducted by, the
Federal Bureau of Investigation.
``(B) Electronic mail address and telephone numbers.--
Paragraph (3)(B) of subsection (b) shall not apply to orders
resulting in the acquisition of information by the Federal
Bureau of Investigation that does not include electronic mail
addresses or telephone numbers.
``(3) Certification.--
``(A) In general.--If the Director of National Intelligence
concludes that a good faith estimate required to be reported
under subsection (b)(2)(B) cannot be determined accurately
because some but not all of the relevant elements of the
intelligence community are able to provide such good faith
estimate, the Director shall--
``(i) certify that conclusion in writing to the Select
Committee on Intelligence and the Committee on the
Judiciary of the Senate and the Permanent Select Committee
on Intelligence and the Committee on the Judiciary of the
House of Representatives;
``(ii) report the good faith estimate for those
relevant elements able to provide such good faith estimate;
``(iii) explain when it is reasonably anticipated that
such an estimate will be able to be determined fully and
accurately; and
``(iv) make such certification publicly available on an
Internet Web site.
``(B) Form.--A certification described in subparagraph (A)
shall be prepared in unclassified form, but may contain a
classified annex.
``(C) Timing.--If the Director of National Intelligence
continues to conclude that the good faith estimates described
in this paragraph cannot be determined accurately, the Director
shall annually submit a certification in accordance with this
paragraph.
``(e) Definitions.--In this section:
``(1) Contents.--The term `contents' has the meaning given that
term under section 2510 of title 18, United States Code.
``(2) Electronic communication.--The term `electronic
communication' has the meaning given that term under section 2510
of title 18, United States Code.
``(3) National security letter.--The term `national security
letter' means a request for a report, records, or other information
under--
``(A) section 2709 of title 18, United States Code;
``(B) section 1114(a)(5)(A) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
``(C) subsection (a) or (b) of section 626 of the Fair
Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or
``(D) section 627(a) of the Fair Credit Reporting Act (15
U.S.C. 1681v(a)).
``(4) United states person.--The term `United States person'
means a citizen of the United States or an alien lawfully admitted
for permanent residence (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))).
``(5) Wire communication.--The term `wire communication' has
the meaning given that term under section 2510 of title 18, United
States Code.''.
(b) Table of Contents Amendment.--The table of contents, as amended
by section 402 of this Act, is further amended by inserting after the
item relating to section 602, as added by section 402 of this Act, the
following new item:
``Sec. 603. Annual reports.''.
(c) Public Reporting on National Security Letters.--Section 118(c)
of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18
U.S.C. 3511 note) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``United States''; and
(B) in subparagraph (A), by striking ``, excluding the
number of requests for subscriber information'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Content.--
``(A) In general.--Except as provided in subparagraph (B),
each report required under this subsection shall include a good
faith estimate of the total number of requests described in
paragraph (1) requiring disclosure of information concerning--
``(i) United States persons; and
``(ii) persons who are not United States persons.
``(B) Exception.--With respect to the number of requests
for subscriber information under section 2709 of title 18,
United States Code, a report required under this subsection
need not separate the number of requests into each of the
categories described in subparagraph (A).''.
(d) Stored Communications.--Section 2702(d) of title 18, United
States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2)(B), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the number of accounts from which the Department of
Justice has received voluntary disclosures under subsection
(c)(4).''.

420d2fc3bb5d0972c8c5ef53c1c5ea7506e709c9f319b5cda22b80d2d4a2271a

(a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by
sections 402 and 602 of this Act, is further amended by adding at the
end the following new section:
``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.
``(a) Reporting.--A person subject to a nondisclosure requirement
accompanying an order or directive under this Act or a national
security letter may, with respect to such order, directive, or national
security letter, publicly report the following information using one of
the following structures:
``(1) A semiannual report that aggregates the number of orders,
directives, or national security letters with which the person was
required to comply into separate categories of--
``(A) the number of national security letters received,
reported in bands of 1000 starting with 0-999;
``(B) the number of customer selectors targeted by national
security letters, reported in bands of 1000 starting with 0-
999;
``(C) the number of orders or directives received,
combined, under this Act for contents, reported in bands of
1000 starting with 0-999;
``(D) the number of customer selectors targeted under
orders or directives received, combined, under this Act for
contents reported in bands of 1000 starting with 0-999;
``(E) the number of orders received under this Act for
noncontents, reported in bands of 1000 starting with 0-999; and
``(F) the number of customer selectors targeted under
orders under this Act for noncontents, reported in bands of
1000 starting with 0-999, pursuant to--
``(i) title IV;
``(ii) title V with respect to applications described
in section 501(b)(2)(B); and
``(iii) title V with respect to applications described
in section 501(b)(2)(C).
``(2) A semiannual report that aggregates the number of orders,
directives, or national security letters with which the person was
required to comply into separate categories of--
``(A) the number of national security letters received,
reported in bands of 500 starting with 0-499;
``(B) the number of customer selectors targeted by national
security letters, reported in bands of 500 starting with 0-499;
``(C) the number of orders or directives received,
combined, under this Act for contents, reported in bands of 500
starting with 0-499;
``(D) the number of customer selectors targeted under
orders or directives received, combined, under this Act for
contents, reported in bands of 500 starting with 0-499;
``(E) the number of orders received under this Act for
noncontents, reported in bands of 500 starting with 0-499; and
``(F) the number of customer selectors targeted under
orders received under this Act for noncontents, reported in
bands of 500 starting with 0-499.
``(3) A semiannual report that aggregates the number of orders,
directives, or national security letters with which the person was
required to comply in the into separate categories of--
``(A) the total number of all national security process
received, including all national security letters, and orders
or directives under this Act, combined, reported in bands of
250 starting with 0-249; and
``(B) the total number of customer selectors targeted under
all national security process received, including all national
security letters, and orders or directives under this Act,
combined, reported in bands of 250 starting with 0-249.
``(4) An annual report that aggregates the number of orders,
directives, and national security letters the person was required
to comply with into separate categories of--
``(A) the total number of all national security process
received, including all national security letters, and orders
or directives under this Act, combined, reported in bands of
100 starting with 0-99; and
``(B) the total number of customer selectors targeted under
all national security process received, including all national
security letters, and orders or directives under this Act,
combined, reported in bands of 100 starting with 0-99.
``(b) Period of Time Covered by Reports.--
``(1) A report described in paragraph (1) or (2) of subsection
(a) shall include only information--
``(A) relating to national security letters for the
previous 180 days; and
``(B) relating to authorities under this Act for the 180-
day period of time ending on the date that is not less than 180
days prior to the date of the publication of such report,
except that with respect to a platform, product, or service for
which a person did not previously receive an order or directive
(not including an enhancement to or iteration of an existing
publicly available platform, product, or service) such report
shall not include any information relating to such new order or
directive until 540 days after the date on which such new order
or directive is received.
``(2) A report described in paragraph (3) of subsection (a)
shall include only information relating to the previous 180 days.
``(3) A report described in paragraph (4) of subsection (a)
shall include only information for the 1-year period of time ending
on the date that is not less than 1 year prior to the date of the
publication of such report.
``(c) Other Forms of Agreed to Publication.--Nothing in this
section prohibits the Government and any person from jointly agreeing
to the publication of information referred to in this subsection in a
time, form, or manner other than as described in this section.
``(d) Definitions.--In this section:
``(1) Contents.--The term `contents' has the meaning given that
term under section 2510 of title 18, United States Code.
``(2) National security letter.--The term `national security
letter' has the meaning given that term under section 603.''.
(b) Table of Contents Amendment.--The table of contents, as amended
by sections 402 and 602 of this Act, is further amended by inserting
after the item relating to section 603, as added by section 602 of this
Act, the following new item:
``Sec. 604. Public reporting by persons subject to orders.''.

dca756e110c4c71bdbb854770ced1c8a39f3ccd54c681c999e8225e8b0bd1ca3

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''.

6e0ca6973f924628574fcd91c1a920187019294b071dd2056d5ea56ae64fe5f3

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

1cc97eccd0d149b62a73657d36ab41a676e2fe56de7a9da021b192174bd3c4ed

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

775ec7b1657481b034932323a5172f42a2446ce8bb5c19334756866ce6e16ed4

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''.

46dbef97bf7885e35d733d2c8bd8c82b950d24a2ccfddbc5115477a7883c1a86

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''.

ff8e4d09add097563ccdfbe1fff0aa1c4c8f608dc8212983714a407d5b58bfaa

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

20334ab517f76e6f227291426589804d8eb958ae394d773981f99c4cc570b8d5

(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''.
CONVENTIONS IMPLEMENTATION
Subtitle A--Safety of Maritime Navigation

3bc8711defc625d2baa075955d01c5b3138c9d7a54b5e24d3a7a4582d57ddda7

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

12bcb16ed92c563d4b2fa7337e70d1e7943cdb97c187e6990ab5d44af2c8afcd

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

a86e8717054dbdc2035670ae2af795bee05f149a406927bbfc66438b3c525a00

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.''.

1acc82903053b3204080c131f6cc83ead8d672a678edd8de7fc57a521e1bca49

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

1b366868d43ec156ea849c839fc3aee0606921eb393f64c396263644e7d6fac8

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

2e8d422f514702f33bd578f7295e78ad61eda8a455fba444ff1d4606f915db2d

(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding after section 2332h the following:
``Sec. 2332i. Acts of nuclear terrorism
``(a) Offenses.--
``(1) In general.--Whoever knowingly and unlawfully--
``(A) possesses radioactive material or makes or possesses
a device--
``(i) with the intent to cause death or serious bodily
injury; or
``(ii) with the intent to cause substantial damage to
property or the environment; or
``(B) uses in any way radioactive material or a device, or
uses or damages or interferes with the operation of a nuclear
facility in a manner that causes the release of or increases
the risk of the release of radioactive material, or causes
radioactive contamination or exposure to radiation--
``(i) with the intent to cause death or serious bodily
injury or with the knowledge that such act is likely to
cause death or serious bodily injury;
``(ii) with the intent to cause substantial damage to
property or the environment or with the knowledge that such
act is likely to cause substantial damage to property or
the environment; or
``(iii) with the intent to compel a person, an
international organization or a country to do or refrain
from doing an act,
shall be punished as prescribed in subsection (c).
``(2) Threats.--Whoever, under circumstances in which the
threat may reasonably be believed, threatens to commit an offense
under paragraph (1) shall be punished as prescribed in subsection
(c). Whoever demands possession of or access to radioactive
material, a device or a nuclear facility by threat or by use of
force shall be punished as prescribed in subsection (c).
``(3) Attempts and conspiracies.--Whoever attempts to commit an
offense under paragraph (1) or conspires to commit an offense under
paragraph (1) or (2) shall be punished as prescribed in subsection
(c).
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the prohibited conduct takes place in the United States
or the special aircraft jurisdiction of the United States;
``(2) the prohibited conduct takes place outside of the United
States and--
``(A) is committed by a national of the United States, a
United States corporation or legal entity or a stateless person
whose habitual residence is in the United States;
``(B) is committed on board a vessel of the United States
or a vessel subject to the jurisdiction of the United States
(as defined in section 70502 of title 46) or on board an
aircraft that is registered under United States law, at the
time the offense is committed; or
``(C) is committed in an attempt to compel the United
States to do or abstain from doing any act, or constitutes a
threat directed at the United States;
``(3) the prohibited conduct takes place outside of the United
States and a victim or an intended victim is a national of the
United States or a United States corporation or legal entity, or
the offense is committed against any state or government facility
of the United States; or
``(4) a perpetrator of the prohibited conduct is found in the
United States.
``(c) Penalties.--Whoever violates this section shall be fined not
more than $2,000,000 and shall be imprisoned for any term of years or
for life.
``(d) Nonapplicability.--This section does not apply to--
``(1) the activities of armed forces during an armed conflict,
as those terms are understood under the law of war, which are
governed by that law; or
``(2) activities undertaken by military forces of a state in
the exercise of their official duties.
``(e) Definitions.--As used in this section, the term--
``(1) `armed conflict' has the meaning given that term in
section 2332f(e)(11) of this title;
``(2) `device' means:
``(A) any nuclear explosive device; or
``(B) any radioactive material dispersal or radiation-
emitting device that may, owing to its radiological properties,
cause death, serious bodily injury or substantial damage to
property or the environment;
``(3) `international organization' has the meaning given that
term in section 831(f)(3) of this title;
``(4) `military forces of a state' means the armed forces of a
country that are organized, trained and equipped under its internal
law for the primary purpose of national defense or security and
persons acting in support of those armed forces who are under their
formal command, control and responsibility;
``(5) `national of the United States' has the meaning given
that term in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22));
``(6) `nuclear facility' means:
``(A) any nuclear reactor, including reactors on vessels,
vehicles, aircraft or space objects for use as an energy source
in order to propel such vessels, vehicles, aircraft or space
objects or for any other purpose;
``(B) any plant or conveyance being used for the
production, storage, processing or transport of radioactive
material; or
``(C) a facility (including associated buildings and
equipment) in which nuclear material is produced, processed,
used, handled, stored or disposed of, if damage to or
interference with such facility could lead to the release of
significant amounts of radiation or radioactive material;
``(7) `nuclear material' has the meaning given that term in
section 831(f)(1) of this title;
``(8) `radioactive material' means nuclear material and other
radioactive substances that contain nuclides that undergo
spontaneous disintegration (a process accompanied by emission of
one or more types of ionizing radiation, such as alpha-, beta-,
neutron particles and gamma rays) and that may, owing to their
radiological or fissile properties, cause death, serious bodily
injury or substantial damage to property or to the environment;
``(9) `serious bodily injury' has the meaning given that term
in section 831(f)(4) of this title;
``(10) `state' has the same meaning as that term has under
international law, and includes all political subdivisions thereof;
``(11) `state or government facility' has the meaning given
that term in section 2332f(e)(3) of this title;
``(12) `United States corporation or legal entity' means any
corporation or other entity organized under the laws of the United
States or any State, Commonwealth, territory, possession or
district of the United States;
``(13) `vessel' has the meaning given that term in section
1502(19) of title 33; and
``(14) `vessel of the United States' has the meaning given that
term in section 70502 of title 46.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by inserting
after the item relating to section 2332h the following:
``2332i. Acts of nuclear terrorism.''.
(c) Disclaimer.--Nothing contained in this section is intended to
affect the applicability of any other Federal or State law that might
pertain to the underlying conduct.
(d) Inclusion in Definition of Federal Crimes of Terrorism.--
Section 2332b(g)(5)(B) of title 18, United States Code, is amended by
inserting ``2332i (relating to acts of nuclear terrorism),'' before
``2339 (relating to harboring terrorists)''.

e5f16e93507abd51a78e40883c5f706e1c12dec7682e3d141a46d842a412f0de

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

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USA FREEDOM Act of 2015

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