,,ii ,calendar ,no4 #hg #aadth ,,congress #ast ,session ,h4 ,r4 #bjdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjae,received2 read the first time ,may #ah1 #bjae,read the second time and placed on the calendar ,,an ,,act ,to reform the authorities of the ,federal ,government to require the production of certain business records1 conduct electronic surveillance1 use pen registers and trap and trace devices1 and use other forms of information gathering for foreign intelligence1 counterterrorism1 and criminal purposes1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,uniting and ,strengthening ,america by ,fulfilling ,rights and ,ensuring ,effective ,discipline ,over ,monitoring ,act of #bjae or the ,,usa ,,freedom ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh4 ,title ,i--,,fisa business records reforms ,sec4 #aja4 ,additional requirements for call detail records4 ,sec4 #ajb4 ,emergency authority4 ,sec4 #ajc4 ,prohibition on bulk collection of tangible things4 ,sec4 #ajd4 ,judicial review4 ,sec4 #aje4 ,liability protection4 ,sec4 #ajf4 ,compensation for assistance4 ,sec4 #ajg4 ,definitions4 ,sec4 #ajh4 ,inspector ,general reports on business records orders4 ,sec4 #aji4 ,effective date4 ,sec4 #aaj4 ,rule of construction4 ,title ,,ii--,,fisa pen register and trap and trace device reform ,sec4 #bja4 ,prohibition on bulk collection4 ,sec4 #bjb4 ,privacy procedures4 ,title ,,iii--,,fisa acquisitions targeting persons outside the ,united ,states reforms ,sec4 #cja4 ,limits on use of unlawfully obtained information4 ,title ,,iv--,foreign ,intelligence ,surveillance ,court reforms ,sec4 #dja4 ,appointment of amicus curiae4 ,sec4 #djb4 ,declassification of decisions1 orders1 and opinions4 ,title ,v--,national ,security ,letter reform ,sec4 #eja4 ,prohibition on bulk collection4 ,sec4 #ejb4 ,limitations on disclosure of national security letters4 ,sec4 #ejc4 ,judicial review4 ,title ,,vi--,,fisa transparency and reporting requirements ,sec4 #fja4 ,additional reporting on orders requiring production of business records2 business records compliance reports to ,congress4 ,sec4 #fjb4 ,annual reports by the ,government4 ,sec4 #fjc4 ,public reporting by persons subject to ,,fisa orders4 ,sec4 #fjd4 ,reporting requirements for decisions1 orders1 and opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review4 ,sec4 #fje4 ,submission of reports under ,,fisa4 ,title ,,vii--,enhanced national security provisions ,sec4 #gja4 ,emergencies involving non-,united ,states persons4 ,sec4 #gjb4 ,preservation of treatment of non-,united ,states persons traveling outside the ,united ,states as agents of foreign powers4 ,sec4 #gjc4 ,improvement to investigations of international proliferation of weapons of mass destruction4 ,sec4 #gjd4 ,increase in penalties for material support of foreign terrorist organizations4 ,sec4 #gje4 ,sunsets4 ,title ,,viii--,safety of ,maritime ,navigation and ,nuclear ,terrorism ,conventions ,implementation ,subtitle ,a--,safety of ,maritime ,navigation ,sec4 #hja4 ,amendment to section #bbhj of title #ah1 ,united ,states ,code4 ,sec4 #hjb4 ,new section #bbhj;a of title #ah1 ,united ,states ,code4 ,sec4 #hjc4 ,amendments to section #bbha of title #ah1 ,united ,states ,code4 ,sec4 #hjd4 ,new section #bbha;a of title #ah1 ,united ,states ,code4 ,sec4 #hje4 ,ancillary measure4 ,subtitle ,b--,prevention of ,nuclear ,terrorism ,sec4 #haa4 ,new section #bccb;i of title #ah1 ,united ,states ,code4 ,sec4 #hab4 ,amendment to section #hca of title #ah1 ,united ,states ,code4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 ,i ,,fisa business records reforms #aja4 ,additional requirements for call detail records 7a7 ,application ,section #eja7;b77#b7 7#ej ,u4,s4,c4 #ahfa7;b77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the matter preceding clause 7i71 by striking a statement and inserting in the case of an application other than an application described in subparagraph 7,c7 7including an application for the production of call detail records other than in the manner described in subparagraph 7,c771 a statement2 and 7,b7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,d71 respectively2 and 7#c7 by inserting after subparagraph 7,b7 7as so redesignated7 the following new subparagraph3 7,c7 in the case of an application for the production on an ongoing basis of call detail records created before1 on1 or after the date of the application relating to an authorized investigation 7other than a threat assessment7 conducted in accordance with subsection 7a77#b7 to protect against international terrorism1 a statement of facts showing that-- 7i7 there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph 7,a7 are relevant to such investigation2 and 7ii7 there is a reasonable1 articulable suspicion that such specific selection term is associated with a foreign power engaged in international terrorism or activities in preparation therefor1 or an agent of a foreign power engaged in international terrorism or activities in preparation therefor2 and 4 7b7 ,order ,section #eja7;c77#b7 7#ej ,u4,s4,c4 #ahfa7;c77#b77 is amended-- 7#a7 in subparagraph 7,d71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,f7 in the case of an application described in subsection 7b77#b77;,c71 shall-- 7i7 authorize the production on a daily basis of call detail records for a period not to exceed #ahj days2 7ii7 provide that an order for such production may be extended upon application under subsection 7b7 and the judicial finding under paragraph 7#a7 of this subsection2 7iii7 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 7b77#b77;,c77ii72 7iv7 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 7iii72 7v7 provide that1 when produced1 such records be in a form that will be useful to the ,government2 7vi7 direct each person the ,government directs to produce call detail records under the order to furnish the ,government forthwith all information1 facilities1 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 production2 and 7vii7 direct the ,government to-- 7,i7 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 information2 and 7,,ii7 destroy all call detail records produced under the order as prescribed by such procedures4 4 #ajb4 ,emergency authority 7a7 ,authority ,section #eja 7#ej ,u4,s4,c4 #ahfa7 is amended by adding at the end the following new subsection3 7i7 ,emergency authority for production of tangible things 7#a7 ,notwithstanding any other provision of this section1 the ,attorney ,general may require the emergency production of tangible things if the ,attorney ,general-- 7,a7 reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained2 7,b7 reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists2 7,c7 informs1 either personally or through a designee1 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 subsection2 and 7,d7 makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable1 but not later than #g days after the ,attorney ,general requires the emergency production of tangible things under this subsection4 7#b7 ,if the ,attorney ,general requires the emergency production of tangible things under paragraph 7#a71 the ,attorney ,general shall require that the minimization procedures required by this section for the issuance of a judicial order be followed4 7#c7 ,in the absence of a judicial order approving the production of tangible things under this subsection1 the production shall terminate when the information sought is obtained1 when the application for the order is denied1 or after the expiration of #g days from the time the ,attorney ,general begins requiring the emergency production of such tangible things1 whichever is earliest4 7#d7 ,a denial of the application made under this subsection may be reviewed as provided in section #ajc4 7#e7 ,if such application for approval is denied1 or in any other case where the production of tangible things is terminated and no order is issued approving the production1 no information obtained or evidence derived from such production shall be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof1 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 person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7#f7 ,the ,attorney ,general shall assess compliance with the requirements of paragraph 7#e74 4 7b7 ,conforming amendment ,section #eja7;d7 7#ej ,u4,s4,c4 #ahfa7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required2 7,b7 in subparagraph 7,a71 by striking such order and inserting such order or such emergency production2 and 7,c7 in subparagraph 7,b71 by striking the order and inserting the order or the emergency production2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking an order and inserting an order or emergency production2 and 7,b7 in subparagraph 7,b71 by striking an order and inserting an order or emergency production4 #ajc4 ,prohibition on bulk collection of tangible things 7a7 ,application ,section #eja7;b77#b7 7#ej ,u4,s4,c4 #ahfa7;b77#b771 as amended by section #aja7;a7 of this ,act1 is further amended by inserting before subparagraph 7,b71 as redesignated by such section #aja7;a7 of this ,act1 the following new subparagraph3 7,a7 a specific selection term to be used as the basis for the production of the tangible things sought2 4 7b7 ,order ,section #eja7;c7 7#ej ,u4,s4,c4 #ahfa7;c77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking the semicolon and inserting 1 including each specific selection term to be used as the basis for the production22 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,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 7b77#b74 4 #ajd4 ,judicial review 7a7 ,minimization procedures 7#a7 ,judicial review ,section #eja7;c77#a7 7#ej ,u4,s4,c4 #ahfa7;c77#a77 is amended by inserting after subsections 7a7 and 7b7 the following3 and that the minimization procedures submitted in accordance with subsection 7b77#b77;,d7 meet the definition of minimization procedures under subsection 7g74 7#b7 ,rule of construction ,section #eja7;g7 7#ej ,u4,s4,c4 #ahfa7;g77 is amended by adding at the end the following new paragraph3 7#c7 ,rule of construction ,nothing in this subsection shall limit the authority of the court established under section #ajc7;a7 to impose additional1 particularized minimization procedures with regard to the production1 retention1 or dissemination of nonpublicly available information concerning unconsenting ,united ,states persons1 including additional1 particularized procedures related to the destruction of information within a reasonable time period4 4 7#c7 ,technical and conforming amendment ,section #eja7;g77#a7 7#ej ,u4,s4,c4 #ahfa7;g77#a77 is amended-- 7,a7 by striking ,not later than #ahj days after the date of the enactment of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje1 the and inserting ,the2 and 7,b7 by inserting after adopt the following3 1 and update as appropriate14 7b7 ,orders ,section #eja7;f77#b7 7#ej ,u4,s4,c4 #ahfa7;f77#b77 is amended-- 7#a7 in subparagraph 7,a77i7-- 7,a7 by striking that order and inserting the production order or any nondisclosure order imposed in connection with the production order2 and 7,b7 by striking the second sentence2 and 7#b7 in subparagraph 7,c7-- 7,a7 by striking clause 7ii72 and 7,b7 by redesignating clause 7iii7 as clause 7ii74 #aje4 ,liability protection ,section #eja7;e7 7#ej ,u4,s4,c4 #ahfa7;e77 is amended to read as follows3 7e7 7#a7 ,no cause of action shall lie in any court against a person who-- 7,a7 produces tangible things or provides information1 facilities1 or technical assistance in accordance with an order issued or an emergency production required under this section2 or 7,b7 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 #bjae4 7#b7 ,a production or provision of information1 facilities1 or technical assistance described in paragraph 7#a7 shall not be deemed to constitute a waiver of any privilege in any other proceeding or context4 4 #ajf4 ,compensation for assistance ,section #eja 7#ej ,u4,s4,c4 #ahfa71 as amended by section #ajb of this ,act1 is further amended by adding at the end the following new subsection3 7j7 ,compensation ,the ,government shall compensate a person for reasonable expenses incurred for-- 7#a7 producing tangible things or providing information1 facilities1 or assistance in accordance with an order issued with respect to an application described in subsection 7b77#b77;,c7 or an emergency production under subsection 7i7 that1 to comply with subsection 7i77#a77;,d71 requires an application described in subsection 7b77#b77;,c72 or 7#b7 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 #bjae4 4 #ajg4 ,definitions ,section #eja 7#ej ,u4,s4,c4 #ahfa71 as amended by section #ajf of this ,act1 is further amended by adding at the end the following new subsection3 7k7 ,definitions ,in this section3 7#a7 ,in general ,the terms foreign power1 agent of a foreign power1 international terrorism1 foreign intelligence information1 ,attorney ,general1 ,united ,states person1 ,united ,states1 person1 and ,state have the meanings provided those terms in section #aja4 7#b7 ,address ,the term address means a physical address or electronic address1 such as an electronic mail address or temporarily assigned network address 7including an ,internet protocol address74 7#c7 ,call detail record ,the term call detail record-- 7,a7 means session-identifying information 7including an originating or terminating telephone number1 an ,international ,mobile ,subscriber ,identity number1 or an ,international ,mobile ,station ,equipment ,identity number71 a telephone calling card number1 or the time or duration of a call2 and 7,b7 does not include-- 7i7 the contents 7as defined in section #beaj7h7 of title #ah1 ,united ,states ,code7 of any communication2 7ii7 the name1 address1 or financial information of a subscriber or customer2 or 7iii7 cell site location or global positioning system information4 7#d7 ,specific selection term 7,a7 ,tangible things 7i7 ,in general ,except as provided in subparagraph 7,b71 a specific selection term-- 7,i7 is a term that specifically identifies a person1 account1 address1 or personal device1 or any other specific identifier2 and 7,,ii7 is used to limit1 to the greatest extent reasonably practicable1 the scope of tangible things sought consistent with the purpose for seeking the tangible things4 7ii7 ,limitation ,a specific selection term under clause 7i7 does not include an identifier that does not limit1 to the greatest extent reasonably practicable1 the scope of tangible things sought consistent with the purpose for seeking the tangible things1 such as an identifier that-- 7,i7 identifies an electronic communication service provider 7as that term is defined in section #gja7 or a provider of remote computing service 7as that term is defined in section #bgaa of title #ah1 ,united ,states ,code71 when not used as part of a specific identifier as described in clause 7i71 unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the production2 or 7,,ii7 identifies a broad geographic region1 including the ,united ,states1 a city1 a county1 a ,state1 a zip code1 or an area code1 when not used as part of a specific identifier as described in clause 7i74 7iii7 ,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 7i74 7,b7 ,call detail record applications ,for purposes of an application submitted under subsection 7b77#b77;,c71 the term specific selection term means a term that specifically identifies an individual1 account1 or personal device4 4 #ajh4 ,inspector ,general reports on business records orders ,section #ajf;,a of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #abj ,stat4 #bjj7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and calendar years #bjab through #bjad after #bjjf2 7,b7 by striking paragraphs 7#b7 and 7#c72 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c7 7as so redesignated7-- 7i7 by striking subparagraph 7,c7 and inserting the following new subparagraph3 7,c7 with respect to calendar years #bjab through #bjad1 an examination of the minimization procedures used in relation to orders under section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons2 2 and 7ii7 in subparagraph 7,d71 by striking 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d7772 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#c7 ,calendar years #bjab through #bjad ,not later than #a year after the date of enactment of the ,,usa ,,freedom ,act of #bjae1 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 7a7 for calendar years #bjab through #bjad4 2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 7#d7 by inserting after subsection 7c7 the following new subsection3 7d7 ,intelligence assessment 7#a7 ,in general ,for the period beginning on ,january #a1 #bjab1 and ending on ,december #ca1 #bjad1 the ,inspector ,general of the ,intelligence ,community shall assess-- 7,a7 the importance of the information acquired under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 to the activities of the intelligence community2 7,b7 the manner in which that information was collected1 retained1 analyzed1 and disseminated by the intelligence community2 7,c7 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 persons2 and 7,d7 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 #ajc7;a7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;a774 7#b7 ,submission date for assessment ,not later than #ahj days after the date on which the ,inspector ,general of the ,department of ,justice submits the report required under subsection 7c77#c71 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 #bjab through #bjad4 2 7#e7 in subsection 7e71 as redesignated by paragraph 7#c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking a report under subsection 7c77#a7 or 7c77#b7 and inserting any report under subsection 7c7 or 7d72 and 7ii7 by striking ,inspector ,general of the ,department of ,justice and inserting ,inspector ,general of the ,department of ,justice1 the ,inspector ,general of the ,intelligence ,community1 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 section2 and 7,b7 in paragraph 7#b71 by striking the reports submitted under subsections 7c77#a7 and 7c77#b7 and inserting any report submitted under subsection 7c7 or 7d72 7#f7 in subsection 7f71 as redesignated by paragraph 7#c7-- 7,a7 by striking ,the reports submitted under subsections 7c77#a7 and 7c77#b7 and inserting ,each report submitted under subsection 7c72 and 7,b7 by striking subsection 7d77#b7 and inserting subsection 7e77#b72 and 7#g7 by adding at the end the following new subsection3 7g7 ,definitions ,in this section3 7#a7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#b7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 4 #aji4 ,effective date 7a7 ,in general ,the amendments made by sections #aja through #ajc shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7b7 ,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 #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 as in effect prior to the effective date described in subsection 7a7 during the period ending on such effective date4 #aaj4 ,rule of construction ,nothing in this ,act shall be construed to authorize the production of the contents 7as such term is defined in section #beaj7h7 of title #ah1 ,united ,states ,code7 of any electronic communication from an electronic communication service provider 7as such term is defined in section #gja7;b77#d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha7;b77#d777 under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq474 ,,ii ,,fisa pen register and trap and trace device reform #bja4 ,prohibition on bulk collection 7a7 ,prohibition ,section #djb7;c7 7#ej ,u4,s4,c4 #ahdb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#c7 a specific selection term to be used as the basis for the use of the pen register or trap and trace device4 4 7b7 ,definition ,section #dja 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following new paragraph3 7#d7 7,a7 ,the term specific selection term-- 7i7 is a term that specifically identifies a person1 account1 address1 or personal device1 or any other specific identifier2 and 7ii7 is used to limit1 to the greatest extent reasonably practicable1 the scope of information sought1 consistent with the purpose for seeking the use of the pen register or trap and trace device4 7,b7 ,a specific selection term under subparagraph 7,a7 does not include an identifier that does not limit1 to the greatest extent reasonably practicable1 the scope of information sought1 consistent with the purpose for seeking the use of the pen register or trap and trace device1 such as an identifier that-- 7i7 identifies an electronic communication service provider 7as that term is defined in section #gja7 or a provider of remote computing service 7as that term is defined in section #bgaa of title #ah1 ,united ,states ,code71 when not used as part of a specific identifier as described in subparagraph 7,a71 unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the use2 or 7ii7 identifies a broad geographic region1 including the ,united ,states1 a city1 a county1 a ,state1 a zip code1 or an area code1 when not used as part of a specific identifier as described in subparagraph 7,a74 7,c7 ,for purposes of subparagraph 7,a71 the term address means a physical address or electronic address1 such as an electronic mail address or temporarily assigned network address 7including an ,internet protocol address74 7,d7 ,nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of subparagraph 7,a74 4 #bjb4 ,privacy procedures 7a7 ,in general ,section #djb 7#ej ,u4,s4,c4 #ahdb7 is amended by adding at the end the following new subsection3 7h7 ,privacy procedures 7#a7 ,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 section4 ,such policies and procedures shall1 to the maximum extent practicable and consistent with the need to protect national security1 include privacy protections that apply to the collection1 retention1 and use of information concerning ,united ,states persons4 7#b7 ,rule of construction ,nothing in this subsection limits the authority of the court established under section #ajc7;a7 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 device4 4 7b7 ,emergency authority ,section #djc 7#ej ,u4,s4,c4 #ahdc7 is amended by adding at the end the following new subsection3 7d7 ,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 #djb7;h74 4 ,,iii ,,fisa acquisitions targeting persons outside the ,united ,states reforms #cja4 ,limits on use of unlawfully obtained information ,section #gjb7;i77#c7 7#ej ,u4,s4,c4 #ahha;a7i77#c77 is amended by adding at the end the following new subparagraph3 7,d7 ,limitation on use of information 7i7 ,in general ,except as provided in clause 7ii71 if the ,court orders a correction of a deficiency in a certification or procedures under subparagraph 7,b71 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 trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 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 person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7ii7 ,exception ,if the ,government corrects any deficiency identified by the order of the ,court under subparagraph 7,b71 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 clause4 4 ,,iv ,foreign ,intelligence ,surveillance ,court reforms #dja4 ,appointment of amicus curiae ,section #ajc 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following new subsections3 7i7 ,amicus curiae 7#a7 ,designation ,the presiding judges of the courts established under subsections 7a7 and 7b7 shall1 not later than #ahj days after the enactment of this subsection1 jointly designate not fewer than #e individuals to be eligible to serve as amicus curiae1 who shall serve pursuant to rules the presiding judges may establish4 ,in designating such individuals1 the presiding judges may consider individuals recommended by any source1 including members of the ,privacy and ,civil ,liberties ,oversight ,board1 the judges determine appropriate4 7#b7 ,authorization ,a court established under subsection 7a7 or 7b71 consistent with the requirement of subsection 7c7 and any other statutory requirement that the court act expeditiously or within a stated time-- 7,a7 shall appoint an individual who has been designated under paragraph 7#a7 to serve as amicus curiae to assist such court in the consideration of any application for an order or review that1 in the opinion of the court1 presents a novel or significant interpretation of the law1 unless the court issues a finding that such appointment is not appropriate2 and 7,b7 may appoint an individual or organization to serve as amicus curiae1 including to provide technical expertise1 in any instance as such court deems appropriate or1 upon motion1 permit an individual or organization leave to file an amicus curiae brief4 7#c7 ,qualifications of amicus curiae 7,a7 ,expertise ,individuals designated under paragraph 7#a7 shall be persons who possess expertise in privacy and civil liberties1 intelligence collection1 communications technology1 or any other area that may lend legal or technical expertise to a court established under subsection 7a7 or 7b74 7,b7 ,security clearance ,individuals designated pursuant to paragraph 7#a7 shall be persons who are determined to be eligible for access to classified information necessary to participate in matters before the courts4 ,amicus curiae appointed by the court pursuant to paragraph 7#b7 shall be persons who are determined to be eligible for access to classified information1 if such access is necessary to participate in the matters in which they may be appointed4 7#d7 ,duties ,if a court established under subsection 7a7 or 7b7 appoints an amicus curiae under paragraph 7#b77;,a71 the amicus curiae shall provide to the court1 as appropriate-- 7,a7 legal arguments that advance the protection of individual privacy and civil liberties2 7,b7 information related to intelligence collection or communications technology2 or 7,c7 legal arguments or information regarding any other area relevant to the issue presented to the court4 7#e7 ,assistance ,an amicus curiae appointed under paragraph 7#b77;,a7 may request that the court designate or appoint additional amici curiae pursuant to paragraph 7#a7 or paragraph 7#b71 to be available to assist the amicus curiae4 7#f7 ,access to information 7,a7 ,in general ,if a court established under subsection 7a7 or 7b7 appoints an amicus curiae under paragraph 7#b71 the amicus curiae-- 7i7 shall have access to any legal precedent1 application1 certification1 petition1 motion1 or such other materials that the court determines are relevant to the duties of the amicus curiae2 and 7ii7 may1 if the court determines that it is relevant to the duties of the amicus curiae1 consult with any other individuals designated pursuant to paragraph 7#a7 regarding information relevant to any assigned proceeding4 7,b7 ,briefings ,the ,attorney ,general may periodically brief or provide relevant materials to individuals designated pursuant to paragraph 7#a7 regarding constructions and interpretations of this ,act and legal1 technological1 and other issues related to actions authorized by this ,act4 7,c7 ,classified ,information ,an amicus curiae designated or appointed by the court may have access to classified documents1 information1 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 ,states4 7,d7 ,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 disclosure4 7#g7 ,notification ,a presiding judge of a court established under subsection 7a7 or 7b7 shall notify the ,attorney ,general of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph 7#b74 7#h7 ,assistance ,a court established under subsection 7a7 or 7b7 may request and receive 7including on a nonreimbursable basis7 the assistance of the executive branch in the implementation of this subsection4 7#i7 ,administration ,a court established under subsection 7a7 or 7b7 may provide for the designation1 appointment1 removal1 training1 or other support for an individual designated to serve as amicus curiae under paragraph 7#a7 or appointed to serve as amicus curiae under paragraph 7#b7 in a manner that is not inconsistent with this subsection4 7#aj7 ,receipt of information ,nothing in this subsection shall limit the ability of a court established under subsection 7a7 or 7b7 to request or receive information or materials from1 or otherwise communicate with1 the ,government or amicus curiae appointed under paragraph 7#b7 on an ex parte basis1 nor limit any special or heightened obligation in any ex parte communication or proceeding4 7j7 ,review of ,,fisa court decisions ,following issuance of an order under this ,act1 a court established under subsection 7a7 shall certify for review to the court established under subsection 7b7 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 7b7 would serve the interests of justice4 ,upon certification of a question of law under this subsection1 the court established under subsection 7b7 may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy4 7k7 ,review of ,,fisa court of review decisions 7#a7 ,certification ,for purposes of section #abed7b7 of title #bh1 ,united ,states ,code1 the court of review established under subsection 7b7 shall be considered to be a court of appeals4 7#b7 ,amicus curiae briefing ,upon certification of an application under paragraph 7#a71 the ,supreme ,court of the ,united ,states may appoint an amicus curiae designated under subsection 7i77#a71 or any other person1 to provide briefing or other assistance4 4 #djb4 ,declassification of decisions1 orders1 and opinions 7a7 ,declassification ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq47 is amended-- 7#a7 in the heading1 by striking ,reporting requirement and inserting ,oversight2 and 7#b7 by adding at the end the following new section3 #fjb4 ,declassification of significant decisions1 orders1 and opinions 7a7 ,declassification required ,subject to subsection 7b71 the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 shall conduct a declassification review of each decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review 7as defined in section #fja7;e77 that includes a significant construction or interpretation of any provision of law1 including any novel or significant construction or interpretation of the term specific selection term1 and1 consistent with that review1 make publicly available to the greatest extent practicable each such decision1 order1 or opinion4 7b7 ,redacted form ,the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 may satisfy the requirement under subsection 7a7 to make a decision1 order1 or opinion described in such subsection publicly available to the greatest extent practicable by making such decision1 order1 or opinion publicly available in redacted form4 7c7 ,national security waiver ,the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 may waive the requirement to declassify and make publicly available a particular decision1 order1 or opinion under subsection 7a71 if-- 7#a7 the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 determines that a waiver of such requirement is necessary to protect the national security of the ,united ,states or properly classified intelligence sources or methods2 and 7#b7 the ,director of ,national ,intelligence makes publicly available an unclassified statement prepared by the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence-- 7,a7 summarizing the significant construction or interpretation of any provision of law1 which shall include1 to the extent consistent with national security1 a description of the context in which the matter arises and any significant construction or interpretation of any statute1 constitutional provision1 or other legal authority relied on by the decision2 and 7,b7 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 ,review4 4 7b7 ,table of contents amendments ,the table of contents in the first section is amended-- 7#a7 by striking the item relating to title ,,vi and inserting the following new item3 ,,title ,,vi--,,oversight 2 and 7#b7 by inserting after the item relating to section #fja the following new item3 ,sec4 #fjb4 ,declassification of significant decisions1 orders1 and opinions4 4 ,v ,national ,security ,letter reform #eja4 ,prohibition on bulk collection 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji7;b7 of title #ah1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking may and inserting may1 using a term that specifically identifies a person1 entity1 telephone number1 or account as the basis for a request4 7b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad7;a77#b7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#b77 is amended by striking the period and inserting and a term that specifically identifies a customer1 entity1 or account to be used as the basis for the production and disclosure of financial records44 7c7 ,disclosures to ,,fbi of certain consumer records for counterintelligence purposes ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended-- 7#a7 in subsection 7a71 by striking that information1 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 information12 7#b7 in subsection 7b71 by striking written request1 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 information12 and 7#c7 in subsection 7c71 by inserting 1 which shall include a term that specifically identifies a consumer or account to be used as the basis for the production of the information1 after issue an order ex parte4 7d7 ,disclosures to governmental agencies for counterterrorism purposes of consumer reports ,section #fbg7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7a77 is amended by striking analysis4 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 information44 #ejb4 ,limitations on disclosure of national security letters 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji of title #ah1 ,united ,states ,code1 is amended by striking subsection 7c7 and inserting the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no wire or electronic communication service provider that receives a request under subsection 7b71 or officer1 employee1 or agent thereof1 shall disclose to any person that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under this section4 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 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 office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a wire or electronic communication service provider that receives a request under subsection 7b71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7b7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 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 request4 4 7b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 is amended-- 7#a7 in subsection 7a77#e71 by striking subparagraph 7,d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no financial institution that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 shall disclose to any person that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 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 office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a financial institution that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 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 request4 4 7c7 ,identity of financial institutions and credit reports ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended by striking subsection 7d7 and inserting the following new subsection3 7d7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7e7 is provided1 no consumer reporting agency that receives a request under subsection 7a7 or 7b7 or an order under subsection 7c71 or officer1 employee1 or agent thereof1 shall disclose or specify in any consumer report1 that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subsection 7a71 7b71 or 7c74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 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 office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a consumer reporting agency that receives a request under subsection 7a7 or 7b7 or an order under subsection 7c71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection 7a7 or 7b7 or an order under subsection 7c7 is issued in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 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 request4 4 7d7 ,consumer reports ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is amended by striking subsection 7c7 and inserting the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no consumer reporting agency that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 shall disclose or specify in any consumer report1 that a government agency described in subsection 7a7 has sought or obtained access to information or records under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the head of the government agency described in subsection 7a71 or a designee1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a consumer reporting agency that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the head of the government agency described in subsection 7a7 or a designee4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection 7a7 is issued in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the head of the government agency described in subsection 7a7 or a designee1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 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 request4 4 7e7 ,investigations of persons with access to classified information ,section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended by striking subsection 7b7 and inserting the following new subsection3 7b7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7c7 is provided1 no governmental or private entity that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 shall disclose to any person that an authorized investigative agency described in subsection 7a7 has sought or obtained access to information under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the head of an authorized investigative agency described in subsection 7a71 or a designee1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a governmental or private entity that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the head of the authorized investigative agency described in subsection 7a7 or a designee4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the head of an authorized investigative agency described in subsection 7a71 or a designee1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 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 request4 4 7f7 ,termination procedures 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall adopt procedures with respect to nondisclosure requirements issued pursuant to section #bgji of title #ah1 ,united ,states ,code1 section #fbf or #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau and #afhav71 section #aaad of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdad71 or section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb71 as amended by this ,act1 to require-- 7,a7 the review at appropriate intervals of such a nondisclosure requirement to assess whether the facts supporting nondisclosure continue to exist2 7,b7 the termination of such a nondisclosure requirement if the facts no longer support nondisclosure2 and 7,c7 appropriate notice to the recipient of the national security letter1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement1 and the applicable court as appropriate1 that the nondisclosure requirement has been terminated4 7#b7 ,reporting ,upon adopting the procedures required under paragraph 7#a71 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 ,representatives4 7g7 ,judicial review ,section #ceaa of title #ah1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following new subsection3 7b7 ,nondisclosure 7#a7 ,in general 7,a7 ,notice ,if a recipient of a request or order for a report1 records1 or other information under section #bgji of this title1 section #fbf or #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau and #afhav71 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad71 or section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb71 wishes to have a court review a nondisclosure requirement imposed in connection with the request or order1 the recipient may notify the ,government or file a petition for judicial review in any court described in subsection 7a74 7,b7 ,application ,not later than #cj days after the date of receipt of a notification under subparagraph 7,a71 the ,government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order4 ,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 conducted4 ,the applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement4 7,c7 ,consideration ,a district court of the ,united ,states that receives a petition under subparagraph 7,a7 or an application under subparagraph 7,b7 should rule expeditiously1 and shall1 subject to paragraph 7#c71 issue a nondisclosure order that includes conditions appropriate to the circumstances4 7#b7 ,application contents ,an application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph 7#a7 shall include a certification from the ,attorney ,general1 ,deputy ,attorney ,general1 an ,assistant ,attorney ,general1 or the ,director of the ,federal ,bureau of ,investigation1 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 ,director1 or in the case of a request by a department1 agency1 or instrumentality of the ,federal ,government other than the ,department of ,justice1 the head or deputy head of the department1 agency1 or instrumentality1 containing a statement of specific facts indicating that the absence of a prohibition of disclosure under this subsection may result in-- 7,a7 a danger to the national security of the ,united ,states2 7,b7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7,c7 interference with diplomatic relations2 or 7,d7 danger to the life or physical safety of any person4 7#c7 ,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-- 7,a7 a danger to the national security of the ,united ,states2 7,b7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7,c7 interference with diplomatic relations2 or 7,d7 danger to the life or physical safety of any person4 4 #ejc4 ,judicial review 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7b7 or a nondisclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa4 7#b7 ,notice ,a request under subsection 7b7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a nondisclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7c7 ,identity of financial institutions and credit reports ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended-- 7#a7 by redesignating subsections 7e7 through 7m7 as subsections 7f7 through 7n71 respectively2 and 7#b7 by inserting after subsection 7d7 the following new subsection3 7e7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or 7b7 or an order under subsection 7c7 or a non-disclosure requirement imposed in connection with such request under subsection 7d7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 or 7b7 or an order under subsection 7c7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7d7 ,identity of financial institutions and credit reports ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is amended-- 7#a7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a non-disclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7e7 ,investigations of persons with access to classified information ,section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended-- 7#a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a nondisclosure requirement imposed in connection with such request under subsection 7b7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 ,,vi ,,fisa transparency and reporting requirements #fja4 ,additional reporting on orders requiring production of business records2 business records compliance reports to ,congress 7a7 ,reports submitted to committees ,section #ejb7;b7 7#ej ,u4,s4,c4 #ahfb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 and 7#b7 by inserting before paragraph 7#f7 7as so redesignated7 the following new paragraphs3 7#a7 a summary of all compliance reviews conducted by the ,government for the production of tangible things under section #eja2 7#b7 the total number of applications described in section #eja7;b77#b77;,b7 made for orders approving requests for the production of tangible things2 7#c7 the total number of such orders either granted1 modified1 or denied2 7#d7 the total number of applications described in section #eja7;b77#b77;,c7 made for orders approving requests for the production of call detail records2 7#e7 the total number of such orders either granted1 modified1 or denied2 4 7b7 ,reporting on certain types of production ,section #ejb7;c77#a7 7#ej ,u4,s4,c4 #ahfb7;c77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking and2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following new subparagraphs3 7,c7 the total number of applications made for orders approving requests for the production of tangible things under section #eja in which the specific selection term does not specifically identify an individual1 account1 or personal device2 7,d7 the total number of orders described in subparagraph 7,c7 either granted1 modified1 or denied2 and 7,e7 with respect to orders described in subparagraph 7,d7 that have been granted or modified1 whether the court established under section #ajc has directed additional1 particularized minimization procedures beyond those adopted pursuant to section #eja7;g74 4 #fjb4 ,annual reports by the ,government 7a7 ,in general ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq471 as amended by section #djb of this ,act1 is further amended by adding at the end the following new section3 #fjc4 ,annual reports 7a7 ,report by ,director of the ,administrative ,office of the ,united ,states ,courts 7#a7 ,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 ,senate1 subject to a declassification review by the ,attorney ,general and the ,director of ,national ,intelligence1 a report that includes-- 7,a7 the number of applications or certifications for orders submitted under each of sections #aje1 #cjd1 #djb1 #eja1 #gjb1 #gjc1 and #gjd2 7,b7 the number of such orders granted under each of those sections2 7,c7 the number of orders modified under each of those sections2 7,d7 the number of applications or certifications denied under each of those sections2 7,e7 the number of appointments of an individual to serve as amicus curiae under section #ajc1 including the name of each individual appointed to serve as amicus curiae2 and 7,f7 the number of findings issued under section #ajc7;i7 that such appointment is not appropriate and the text of any such findings4 7#b7 ,publication ,the ,director shall make the report required under paragraph 7#a7 publicly available on an ,internet ,web site1 except that the ,director shall not make publicly available on an ,internet ,web site the findings described in subparagraph 7,f7 of paragraph 7#a74 7b7 ,mandatory reporting by ,director of ,national ,intelligence ,except as provided in subsection 7d71 the ,director of ,national ,intelligence shall annually make publicly available on an ,internet ,web site a report that identifies1 for the preceding #ab-month period-- 7#a7 the total number of orders issued pursuant to titles ,i and ,,iii and sections #gjc and #gjd and a good faith estimate of the number of targets of such orders2 7#b7 the total number of orders issued pursuant to section #gjb and a good faith estimate of-- 7,a7 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 section1 excluding the number of search terms used to prevent the return of information concerning a ,united ,states person2 and 7,b7 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 section1 excluding the number of queries containing information used to prevent the return of information concerning a ,united ,states person2 7#c7 the total number of orders issued pursuant to title ,,iv and a good faith estimate of-- 7,a7 the number of targets of such orders2 and 7,b7 the number of unique identifiers used to communicate information collected pursuant to such orders2 7#d7 the total number of orders issued pursuant to applications made under section #eja7;b77#b77;,b7 and a good faith estimate of-- 7,a7 the number of targets of such orders2 and 7,b7 the number of unique identifiers used to communicate information collected pursuant to such orders2 7#e7 the total number of orders issued pursuant to applications made under section #eja7;b77#b77;,c7 and a good faith estimate of-- 7,a7 the number of targets of such orders2 7,b7 the number of unique identifiers used to communicate information collected pursuant to such orders2 and 7,c7 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 orders2 and 7#f7 the total number of national security letters issued and the number of requests for information contained within such national security letters4 7c7 ,timing ,the annual reports required by subsections 7a7 and 7b7 shall be made publicly available during ,april of each year and include information relating to the previous calendar year4 7d7 ,exceptions 7#a7 ,statement of numerical range ,if a good faith estimate required to be reported under subparagraph 7,b7 of any of paragraphs 7#c71 7#d71 or 7#e7 of subsection 7b7 is fewer than #ejj1 it shall be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number4 7#b7 ,nonapplicability to certain information 7,a7 ,federal ,bureau of ,investigation ,paragraphs 7#b77;,a71 7#b77;,b71 and 7#e77;,c7 of subsection 7b7 shall not apply to information or records held by1 or queries conducted by1 the ,federal ,bureau of ,investigation4 7,b7 ,electronic mail address and telephone numbers ,paragraph 7#c77;,b7 of subsection 7b7 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 numbers4 7#c7 ,certification 7,a7 ,in general ,if the ,director of ,national ,intelligence concludes that a good faith estimate required to be reported under subsection 7b77#b77;,b7 cannot be determined accurately because some but not all of the relevant elements of the intelligence community are able to provide such good faith estimate1 the ,director shall-- 7i7 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 ,representatives2 7ii7 report the good faith estimate for those relevant elements able to provide such good faith estimate2 7iii7 explain when it is reasonably anticipated that such an estimate will be able to be determined fully and accurately2 and 7iv7 make such certification publicly available on an ,internet ,web site4 7,b7 ,form ,a certification described in subparagraph 7,a7 shall be prepared in unclassified form1 but may contain a classified annex4 7,c7 ,timing ,if the ,director of ,national ,intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately1 the ,director shall annually submit a certification in accordance with this paragraph4 7e7 ,definitions ,in this section3 7#a7 ,contents ,the term contents has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 7#b7 ,electronic communication ,the term electronic communication has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 7#c7 ,national security letter ,the term national security letter means a request for a report1 records1 or other information under-- 7,a7 section #bgji of title #ah1 ,united ,states ,code2 7,b7 section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a772 7,c7 subsection 7a7 or 7b7 of section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7a71 #afhau7b772 or 7,d7 section #fbg7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7a774 7#d7 ,united ,states person ,the term ,united ,states person means a citizen of the ,united ,states or an alien lawfully admitted for permanent residence 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7774 7#e7 ,wire communication ,the term wire communication has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 4 7b7 ,table of contents amendment ,the table of contents1 as amended by section #djb of this ,act1 is further amended by inserting after the item relating to section #fjb1 as added by section #djb of this ,act1 the following new item3 ,sec4 #fjc4 ,annual reports4 4 7c7 ,public reporting on national security letters ,section #aah7;c7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ah ,u4,s4,c4 #ceaa note7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,united ,states2 and 7,b7 in subparagraph 7,a71 by striking 1 excluding the number of requests for subscriber information2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,content 7,a7 ,in general ,except as provided in subparagraph 7,b71 each report required under this subsection shall include a good faith estimate of the total number of requests described in paragraph 7#a7 requiring disclosure of information concerning-- 7i7 ,united ,states persons2 and 7ii7 persons who are not ,united ,states persons4 7,b7 ,exception ,with respect to the number of requests for subscriber information under section #bgji of title #ah1 ,united ,states ,code1 a report required under this subsection need not separate the number of requests into each of the categories described in subparagraph 7,a74 4 7d7 ,stored communications ,section #bgjb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#b77;,b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#c7 the number of accounts from which the ,department of ,justice has received voluntary disclosures under subsection 7c77#d74 4 #fjc4 ,public reporting by persons subject to ,,fisa orders 7a7 ,in general ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq471 as amended by sections #djb and #fjb of this ,act1 is further amended by adding at the end the following new section3 #fjd4 ,public reporting by persons subject to orders 7a7 ,reporting ,a person subject to a nondisclosure requirement accompanying an order or directive under this ,act or a national security letter may1 with respect to such order1 directive1 or national security letter1 publicly report the following information using one of the following structures3 7#a7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply into separate categories of-- 7,a7 the number of national security letters received1 reported in bands of #ajjj starting with #j-iii2 7,b7 the number of customer selectors targeted by national security letters1 reported in bands of #ajjj starting with #j-iii2 7,c7 the number of orders or directives received1 combined1 under this ,act for contents1 reported in bands of #ajjj starting with #j-iii2 7,d7 the number of customer selectors targeted under orders or directives received1 combined1 under this ,act for contents reported in bands of #ajjj starting with #j-iii2 7,e7 the number of orders received under this ,act for noncontents1 reported in bands of #ajjj starting with #j-iii2 and 7,f7 the number of customer selectors targeted under orders under this ,act for noncontents1 reported in bands of #ajjj starting with #j-iii1 pursuant to-- 7i7 title ,,iv2 7ii7 title ,v with respect to applications described in section #eja7;b77#b77;,b72 and 7iii7 title ,v with respect to applications described in section #eja7;b77#b77;,c74 7#b7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply into separate categories of-- 7,a7 the number of national security letters received1 reported in bands of #ejj starting with #j-dii2 7,b7 the number of customer selectors targeted by national security letters1 reported in bands of #ejj starting with #j-dii2 7,c7 the number of orders or directives received1 combined1 under this ,act for contents1 reported in bands of #ejj starting with #j-dii2 7,d7 the number of customer selectors targeted under orders or directives received1 combined1 under this ,act for contents1 reported in bands of #ejj starting with #j-dii2 7,e7 the number of orders received under this ,act for noncontents1 reported in bands of #ejj starting with #j-dii2 and 7,f7 the number of customer selectors targeted under orders received under this ,act for noncontents1 reported in bands of #ejj starting with #j-dii4 7#c7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply in the into separate categories of-- 7,a7 the total number of all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #bej starting with #j-bdi2 and 7,b7 the total number of customer selectors targeted under all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #bej starting with #j-bdi4 7#d7 ,an annual report that aggregates the number of orders1 directives1 and national security letters the person was required to comply with into separate categories of-- 7,a7 the total number of all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #ajj starting with #j-ii2 and 7,b7 the total number of customer selectors targeted under all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #ajj starting with #j-ii4 7b7 ,period of time covered by reports 7#a7 ,a report described in paragraph 7#a7 or 7#b7 of subsection 7a7 shall include only information-- 7,a7 relating to national security letters for the previous #ahj days2 and 7,b7 relating to authorities under this ,act for the #ahj-;day period of time ending on the date that is not less than #ahj days prior to the date of the publication of such report1 except that with respect to a platform1 product1 or service for which a person did not previously receive an order or directive 7not including an enhancement to or iteration of an existing publicly available platform1 product1 or service7 such report shall not include any information relating to such new order or directive until #edj days after the date on which such new order or directive is received4 7#b7 ,a report described in paragraph 7#c7 of subsection 7a7 shall include only information relating to the previous #ahj days4 7#c7 ,a report described in paragraph 7#d7 of subsection 7a7 shall include only information for the #a-year period of time ending on the date that is not less than #a year prior to the date of the publication of such report4 7c7 ,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 time1 form1 or manner other than as described in this section4 7d7 ,definitions ,in this section3 7#a7 ,contents ,the term contents has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 7#b7 ,national security letter ,the term national security letter has the meaning given that term under section #fjc4 4 7b7 ,table of contents amendment ,the table of contents1 as amended by sections #djb and #fjb of this ,act1 is further amended by inserting after the item relating to section #fjc1 as added by section #fjb of this ,act1 the following new item3 ,sec4 #fjd4 ,public reporting by persons subject to orders4 4 #fjd4 ,reporting requirements for decisions1 orders1 and opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review ,section #fja7;c77#a7 7#ej ,u4,s4,c4 #ahga7;c77#a77 is amended to read as follows3 7#a7 not later than #de days after the date on which the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review issues a decision1 order1 or opinion1 including any denial or modification of an application under this ,act1 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 ,act1 a copy of such decision1 order1 or opinion and any pleadings1 applications1 or memoranda of law associated with such decision1 order1 or opinion2 and 4 #fje4 ,submission of reports under ,,fisa 7a7 ,electronic surveillance ,section #ajh7;a77#a7 7#ej ,u4,s4,c4 #ahjh7;a77#a77 is amended by striking the ,house ,permanent ,select ,committee on ,intelligence and the ,senate ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate1 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 ,senate4 7b7 ,physical searches ,the matter preceding paragraph 7#a7 of section #cjf 7#ej ,u4,s4,c4 #ahbf7 is amended-- 7#a7 in the first sentence1 by striking ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence of the ,senate1 and the ,committee on the ,judiciary of the ,senate1 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 ,senate2 and 7#b7 in the second sentence1 by striking and the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,pen registers and trap and trace devices ,section #djf7;b7 7#ej ,u4,s4,c4 #ahdf7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#c71 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following new paragraphs3 7#d7 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 title2 and 7#e7 for each department or agency described in paragraph 7#d71 each number described in paragraphs 7#a71 7#b71 and 7#c74 4 7d7 ,access to certain business records and other tangible things ,section #ejb7;a7 7#ej ,u4,s4,c4 #ahfb7;a77 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 ,senate4 ,,vii ,enhanced national security provisions #gja4 ,emergencies involving non-,united ,states persons 7a7 ,in ,general ,section #aje 7#ej ,u4,s4,c4 #ahje7 is amended-- 7#a7 by redesignating subsections 7f71 7g71 7h71 and 7i7 as subsections 7g71 7h71 7i71 and 7j71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 7#a7 ,notwithstanding any other provision of this ,act1 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 #gb 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 ,act1 provided that the head of an element of the intelligence community-- 7,a7 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 person2 7,b7 promptly notifies the ,attorney ,general of a determination under subparagraph 7,a72 and 7,c7 requests1 as soon as practicable1 the employment of emergency electronic surveillance under subsection 7e7 or the employment of an emergency physical search pursuant to section #cjd7;e71 as warranted4 7#b7 ,the authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed #gb hours and shall cease upon the earlier of the following3 7,a7 ,the employment of emergency electronic surveillance under subsection 7e7 or the employment of an emergency physical search pursuant to section #cjd7;e74 7,b7 ,an issuance of a court order under this title or title ,,iii of this ,act4 7,c7 ,the ,attorney ,general provides direction that the acquisition be terminated4 7,d7 ,the head of the element of the intelligence community conducting the acquisition determines that a request under paragraph 7#a77;,c7 is not warranted4 7,e7 ,when the threat of death or serious bodily harm to any person is no longer reasonably believed to exist4 7#c7 ,nonpublicly available information concerning unconsenting ,united ,states persons acquired under this subsection shall not be disseminated during the #gb hour time period under paragraph 7#a7 unless necessary to investigate1 reduce1 or eliminate the threat of death or serious bodily harm to any person4 7#d7 ,if the ,attorney ,general declines to authorize the employment of emergency electronic surveillance under subsection 7e7 or the employment of an emergency physical search pursuant to section #cjd7;e71 or a court order is not obtained under this title or title ,,iii of this ,act1 information obtained during the #gb hour acquisition time period under paragraph 7#a7 shall not be retained1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7#e7 ,paragraphs 7#e7 and 7#f7 of subsection 7e7 shall apply to this subsection4 4 7b7 ,notification of emergency employment of electronic surveillance ,section #ajf7;j7 7#ej ,u4,s4,c4 #ahjf7;j77 is amended by striking section #aje7;e7 and inserting subsection 7e7 or 7f7 of section #aje4 7c7 ,report to ,congress ,section #ajh7;a77#b7 7#ej ,u4,s4,c4 #ahjh7;a77#b77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,d7 the total number of authorizations under section #aje7;f7 and the total number of subsequent emergency employments of electronic surveillance under section #aje7;e7 or emergency physical searches pursuant to section #cja7;e74 4 #gjb4 ,preservation of treatment of non-,united ,states persons traveling outside the ,united ,states as agents of foreign powers ,section #aja7;b77#a7 is amended-- 7#a7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 1 irrespective of whether the person is inside the ,united ,states2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking of such person's presence in the ,united ,states2 and 7,b7 by striking such activities in the ,united ,states and inserting such activities4 #gjc4 ,improvement to investigations of international proliferation of weapons of mass destruction ,section #aja7;b77#a7 is further amended by striking subparagraph 7,e7 and inserting the following new subparagraph 7,e73 7,e7 engages in the international proliferation of weapons of mass destruction1 or activities in preparation therefor1 for or on behalf of a foreign power1 or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor1 or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor2 or 4 #gjd4 ,increase in penalties for material support of foreign terrorist organizations ,section #bcci;,b7a77#a7 of title #ah1 ,united ,states ,code1 is amended by striking #ae years and inserting #bj years4 #gje4 ,sunsets 7a7 ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje ,section #ajb7;b77#a7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ej ,u4,s4,c4 #ahje note7 is amended by striking ,june #a1 #bjae and inserting ,december #ae1 #bjai4 7b7 ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd ,section #fjja7;b77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ahja note7 is amended by striking ,june #a1 #bjae and inserting ,december #ae1 #bjai4 7c7 ,conforming amendment ,section #ajb7;b77#a7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ej ,u4,s4,c4 #ahje note71 as amended by subsection 7a71 is further amended by striking sections #eja1 #ejb1 and and inserting title ,v and section4 ,,viii ,safety of ,maritime ,navigation and ,nuclear ,terrorism ,conventions ,implementation ,a ,safety of ,maritime ,navigation #hja4 ,amendment to section #bbhj of title #ah1 ,united ,states ,code ,section #bbhj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a77i71 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 7as defined in section #gjejb of title #df72 7,b7 in paragraph 7#a77;,a77ii71 by inserting 1 including the territorial seas after in the ,united ,states2 and 7,c7 in paragraph 7#a77;,a77iii71 by inserting 1 by a ,united ,states corporation or legal entity1 after by a national of the ,united ,states2 7#b7 in subsection 7c71 by striking section #b7;c7 and inserting section #ac7;c72 7#c7 by striking subsection 7d72 7#d7 by striking subsection 7e7 and inserting after subsection 7c7 the following3 7d7 ,definitions ,as used in this section1 section #bbhj;a1 section #bbha1 and section #bbha;a1 the term-- 7#a7 applicable treaty means-- 7,a7 the ,convention for the ,suppression of ,unlawful ,seizure of ,aircraft1 done at ,the ,hague on #af ,december #aigj2 7,b7 the ,convention for the ,suppression of ,unlawful ,acts against the ,safety of ,civil ,aviation1 done at ,montreal on #bc ,september #aiga2 7,c7 the ,convention on the ,prevention and ,punishment of ,crimes against ,internationally ,protected ,persons1 including ,diplomatic ,agents1 adopted by the ,general ,assembly of the ,united ,nations on #ad ,december #aigc2 7,d7 ,international ,convention against the ,taking of ,hostages1 adopted by the ,general ,assembly of the ,united ,nations on #ag ,december #aigi2 7,e7 the ,convention on the ,physical ,protection of ,nuclear ,material1 done at ,vienna on #bf ,october #aigi2 7,f7 the ,protocol for the ,suppression of ,unlawful ,acts of ,violence at ,airports ,serving ,international ,civil ,aviation1 supplementary to the ,convention for the ,suppression of ,unlawful ,acts against the ,safety of ,civil ,aviation1 done at ,montreal on #bd ,february #aihh2 7,g7 the ,protocol for the ,suppression of ,unlawful ,acts against the ,safety of ,fixed ,platforms ,located on the ,continental ,shelf1 done at ,rome on #aj ,march #aihh2 7,h7 ,international ,convention for the ,suppression of ,terrorist ,bombings1 adopted by the ,general ,assembly of the ,united ,nations on #ae ,december #aiig2 and 7,i7 ,international ,convention for the ,suppression of the ,financing of ,terrorism1 adopted by the ,general ,assembly of the ,united ,nations on #i ,december #aiii2 7#b7 armed conflict does not include internal disturbances and tensions1 such as riots1 isolated and sporadic acts of violence1 and other acts of a similar nature2 7#c7 biological weapon means-- 7,a7 microbial or other biological agents1 or toxins whatever their origin or method of production1 of types and in quantities that have no justification for prophylactic1 protective1 or other peaceful purposes2 or 7,b7 weapons1 equipment1 or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict2 7#d7 chemical weapon means1 together or separately-- 7,a7 toxic chemicals and their precursors1 except where intended for-- 7i7 industrial1 agricultural1 research1 medical1 pharmaceutical1 or other peaceful purposes2 7ii7 protective purposes1 namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons2 7iii7 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 warfare2 or 7iv7 law enforcement including domestic riot control purposes1 as long as the types and quantities are consistent with such purposes2 7,b7 munitions and devices1 specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph 7,a71 which would be released as a result of the employment of such munitions and devices2 and 7,c7 any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph 7,b72 7#e7 covered ship means a ship that is navigating or is scheduled to navigate into1 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 country2 7#f7 explosive material has the meaning given the term in section #hda7;c7 and includes explosive as defined in section #hdd7;j7 of this title2 7#g7 infrastructure facility has the meaning given the term in section #bccb;f7e77#e7 of this title2 7#h7 international organization has the meaning given the term in section #hca7;f77#c7 of this title2 7#i7 military forces of a state means the armed forces of a state which are organized1 trained1 and equipped under its internal law for the primary purpose of national defense or security1 and persons acting in support of those armed forces who are under their formal command1 control1 and responsibility2 7#aj7 national of the ,united ,states has the meaning stated in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb772 7#aa7 ,non-,proliferation ,treaty means the ,treaty on the ,non-,proliferation of ,nuclear ,weapons1 done at ,washington1 ,london1 and ,moscow on #a ,july #aifh2 7#ab7 ,non-,proliferation ,treaty ,state ,party means any ,state ,party to the ,non-,proliferation ,treaty1 to include ,taiwan1 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 ,treaty2 7#ac7 ,nuclear ,weapon ,state ,party to the ,non-,proliferation ,treaty means a ,state ,party to the ,non-,proliferation ,treaty that is a nuclear-weapon ,state1 as that term is defined in ,article ,,ix7#c7 of the ,non-,proliferation ,treaty2 7#ad7 place of public use has the meaning given the term in section #bccb;f7e77#f7 of this title2 7#ae7 precursor has the meaning given the term in section #bbi;,f7#f77;,a7 of this title2 7#af7 public transport system has the meaning given the term in section #bccb;f7e77#g7 of this title2 7#ag7 serious injury or damage means-- 7,a7 serious bodily injury1 7,b7 extensive destruction of a place of public use1 ,state or government facility1 infrastructure facility1 or public transportation system1 resulting in major economic loss1 or 7,c7 substantial damage to the environment1 including air1 soil1 water1 fauna1 or flora2 7#ah7 ship means a vessel of any type whatsoever not permanently attached to the sea-bed1 including dynamically supported craft1 submersibles1 or any other floating craft1 but does not include a warship1 a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes1 or a ship which has been withdrawn from navigation or laid up2 7#ai7 source material has the meaning given that term in the ,international ,atomic ,energy ,agency ,statute1 done at ,new ,york on #bf ,october #aief2 7#bj7 special fissionable material has the meaning given that term in the ,international ,atomic ,energy ,agency ,statute1 done at ,new ,york on #bf ,october #aief2 7#ba7 territorial sea of the ,united ,states means all waters extending seaward to #ab nautical miles from the baselines of the ,united ,states determined in accordance with international law2 7#bb7 toxic chemical has the meaning given the term in section #bbi;,f7#h77;,a7 of this title2 7#bc7 transport means to initiate1 arrange or exercise effective control1 including decisionmaking authority1 over the movement of a person or item2 and 7#bd7 ,united ,states1 when used in a geographical sense1 includes the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 and all territories and possessions of the ,united ,states4 2 and 7#e7 by inserting after subsection 7d7 7as added by paragraph 7#d7 of this section7 the following3 7e7 ,exceptions ,this section shall not apply to-- 7#a7 the activities of armed forces during an armed conflict1 as those terms are understood under the law of war1 which are governed by that law2 or 7#b7 activities undertaken by military forces of a state in the exercise of their official duties4 7f7 ,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 #bbhj or section #bbhj;a 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 ,navigation4 ,before delivering such person to the authorities of another country1 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 take4 ,when delivering the person to a country which is a state party to the ,convention1 the master shall1 whenever practicable1 and if possible before entering the territorial sea of such country1 notify the authorities of such country of the master's intention to deliver such person and the reasons therefor4 ,if the master delivers such person1 the master shall furnish to the authorities of such country the evidence in the master's possession that pertains to the alleged offense4 7g7 7#a7 ,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 section1 the gross proceeds of such violation1 and any real or personal property traceable to such property or proceeds1 shall be subject to forfeiture4 7#b7 ,applicable procedures ,seizures and forfeitures under this section shall be governed by the provisions of chapter #df of title #ah1 ,united ,states ,code1 relating to civil forfeitures1 except that such duties as are imposed upon the ,secretary of the ,treasury under the customs laws described in section #iha7;d7 shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security1 the ,attorney ,general1 or the ,secretary of ,defense4 4 #hjb4 ,new section #bbhj;a of title #ah1 ,united ,states ,code 7a7 ,in general ,chapter #aaa of title #ah1 ,united ,states ,code1 is amended by adding after section #bbhj the following new section3 #bbhj;a4 ,violence against maritime navigation and maritime transport involving weapons of mass destruction 7a7 ,offenses 7#a7 ,in general ,subject to the exceptions in subsection 7c71 a person who unlawfully and intentionally-- 7,a7 when the purpose of the act1 by its nature or context1 is to intimidate a population1 or to compel a government or an international organization to do or to abstain from doing any act-- 7i7 uses against or on a ship or discharges from a ship any explosive or radioactive material1 biological1 chemical1 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 damage2 7ii7 discharges from a ship oil1 liquefied natural gas1 or another hazardous or noxious substance that is not covered by clause 7i71 in such quantity or concentration that causes or is likely to cause death to any person or serious injury or damage2 or 7iii7 uses a ship in a manner that causes death to any person or serious injury or damage2 7,b7 transports on board a ship-- 7i7 any explosive or radioactive material1 knowing that it is intended to be used to cause1 or in a threat to cause1 death to any person or serious injury or damage for the purpose of intimidating a population1 or compelling a government or an international organization to do or to abstain from doing any act2 7ii7 any biological1 chemical1 or nuclear weapon or other nuclear explosive device1 knowing it to be a biological1 chemical1 or nuclear weapon or other nuclear explosive device2 7iii7 any source material1 special fissionable material1 or equipment or material especially designed or prepared for the processing1 use1 or production of special fissionable material1 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 agreement1 except where-- 7,i7 such item is transported to or from the territory of1 or otherwise under the control of1 a ,non-,proliferation ,treaty ,state ,party2 and 7,,ii7 the resulting transfer or receipt 7including internal to a country7 is not contrary to the obligations under the ,non-,proliferation ,treaty of the ,non-,proliferation ,treaty ,state ,party from which1 to the territory of which1 or otherwise under the control of which such item is transferred2 7iv7 any equipment1 materials1 or software or related technology that significantly contributes to the design or manufacture of a nuclear weapon or other nuclear explosive device1 with the intention that it will be used for such purpose1 except where-- 7,i7 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 ,treaty2 and 7,,ii7 the resulting transfer or receipt 7including internal to a country7 is not contrary to the obligations under the ,non-,proliferation ,treaty of a ,non-,proliferation ,treaty ,state ,party from which1 to the territory of which1 or otherwise under the control of which such item is transferred2 7v7 any equipment1 materials1 or software or related technology that significantly contributes to the delivery of a nuclear weapon or other nuclear explosive device1 with the intention that it will be used for such purpose1 except where-- 7,i7 such item is transported to or from the territory of1 or otherwise under the control of1 a ,non-,proliferation ,treaty ,state ,party2 and 7,,ii7 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 ,treaty2 or 7vi7 any equipment1 materials1 or software or related technology that significantly contributes to the design1 manufacture1 or delivery of a biological or chemical weapon1 with the intention that it will be used for such purpose2 7,c7 transports another person on board a ship knowing that the person has committed an act that constitutes an offense under section #bbhj or subparagraph 7,a71 7,b71 7,d71 or 7,e7 of this section or an offense set forth in an applicable treaty1 as specified in section #bbhj7;d77#a71 and intending to assist that person to evade criminal prosecution2 7,d7 injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs 7,a7 through 7,c71 or subsection 7a77#b71 to the extent that the subsection 7a77#b7 offense pertains to subparagraph 7,a72 or 7,e7 attempts to do any act prohibited under subparagraph 7,a71 7,b7 or 7,d71 or conspires to do any act prohibited by subparagraphs 7,a7 through 7,e7 or subsection 7a77#b71 shall be fined under this title1 imprisoned not more than #bj years1 or both2 and if the death of any person results from conduct prohibited by this paragraph1 shall be imprisoned for any term of years or for life4 7#b7 ,threats ,a person who threatens1 with apparent determination and will to carry the threat into execution1 to do any act prohibited under paragraph 7#a77;,a7 shall be fined under this title1 imprisoned not more than #e years1 or both4 7b7 ,jurisdiction ,there is jurisdiction over the activity prohibited in subsection 7a7-- 7#a7 in the case of a covered ship1 if-- 7,a7 such activity is committed-- 7i7 against or on board a vessel of the ,united ,states or a vessel subject to the jurisdiction of the ,united ,states 7as defined in section #gjejb of title #df7 at the time the prohibited activity is committed2 7ii7 in the ,united ,states1 including the territorial seas2 or 7iii7 by a national of the ,united ,states1 by a ,united ,states corporation or legal entity1 or by a stateless person whose habitual residence is in the ,united ,states2 7,b7 during the commission of such activity1 a national of the ,united ,states is seized1 threatened1 injured1 or killed2 or 7,c7 the offender is later found in the ,united ,states after such activity is committed2 7#b7 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 ,states1 if the offender is later found in the ,united ,states after such activity is committed2 or 7#c7 in the case of any vessel1 if such activity is committed in an attempt to compel the ,united ,states to do or abstain from doing any act4 7c7 ,exceptions ,this section shall not apply to-- 7#a7 the activities of armed forces during an armed conflict1 as those terms are understood under the law of war1 which are governed by that law2 or 7#b7 activities undertaken by military forces of a state in the exercise of their official duties4 7d7 7#a7 ,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 section1 the gross proceeds of such violation1 and any real or personal property traceable to such property or proceeds1 shall be subject to forfeiture4 7#b7 ,applicable procedures ,seizures and forfeitures under this section shall be governed by the provisions of chapter #df of title #ah1 ,united ,states ,code1 relating to civil forfeitures1 except that such duties as are imposed upon the ,secretary of the ,treasury under the customs laws described in section #iha7;d7 shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security1 the ,attorney ,general1 or the ,secretary of ,defense4 4 7b7 ,conforming amendment ,the table of sections at the beginning of chapter #aaa of title #ah1 ,united ,states ,code1 is amended by adding after the item relating to section #bbhj the following new item3 #bbhj;a4 ,violence against maritime navigation and maritime transport involving weapons of mass destruction4 4 #hjc4 ,amendments to section #bbha of title #ah1 ,united ,states ,code ,section #bbha of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by striking section #b7;c7 and inserting section #ac7;c72 7#b7 in subsection 7d71 by striking the definitions of national of the ,united ,states1territorial sea of the ,united ,states1 and ,united ,states2 and 7#c7 by inserting after subsection 7d7 the following3 7e7 ,exceptions ,this section does not apply to-- 7#a7 the activities of armed forces during an armed conflict1 as those terms are understood under the law of war1 which are governed by that law2 or 7#b7 activities undertaken by military forces of a state in the exercise of their official duties4 4 #hjd4 ,new section #bbha;a of title #ah1 ,united ,states ,code 7a7 ,in general ,chapter #aaa of title #ah1 ,united ,states ,code1 is amended by adding after section #bbha the following new section3 #bbha;a4 ,additional offenses against maritime fixed platforms 7a7 ,offenses 7#a7 ,in general ,a person who unlawfully and intentionally-- 7,a7 when the purpose of the act1 by its nature or context1 is to intimidate a population1 or to compel a government or an international organization to do or to abstain from doing any act-- 7i7 uses against or on a fixed platform or discharges from a fixed platform any explosive or radioactive material1 biological1 chemical1 or nuclear weapon in a manner that causes or is likely to cause death or serious injury or damage2 or 7ii7 discharges from a fixed platform oil1 liquefied natural gas1 or another hazardous or noxious substance that is not covered by clause 7i71 in such quantity or concentration that causes or is likely to cause death or serious injury or damage2 7,b7 injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraph 7,a72 or 7,c7 attempts or conspires to do anything prohibited under subparagraph 7,a7 or 7,b71 shall be fined under this title1 imprisoned not more than #bj years1 or both2 and if death results to any person from conduct prohibited by this paragraph1 shall be imprisoned for any term of years or for life4 7#b7 ,threat to safety ,a person who threatens1 with apparent determination and will to carry the threat into execution1 to do any act prohibited under paragraph 7#a77;,a71 shall be fined under this title1 imprisoned not more than #e years1 or both4 7b7 ,jurisdiction ,there is jurisdiction over the activity prohibited in subsection 7a7 if-- 7#a7 such activity is committed against or on board a fixed platform-- 7,a7 that is located on the continental shelf of the ,united ,states2 7,b7 that is located on the continental shelf of another country1 by a national of the ,united ,states or by a stateless person whose habitual residence is in the ,united ,states2 or 7,c7 in an attempt to compel the ,united ,states to do or abstain from doing any act2 7#b7 during the commission of such activity against or on board a fixed platform located on a continental shelf1 a national of the ,united ,states is seized1 threatened1 injured1 or killed2 or 7#c7 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 ,states4 7c7 ,exceptions ,this section does not apply to-- 7#a7 the activities of armed forces during an armed conflict1 as those terms are understood under the law of war1 which are governed by that law2 or 7#b7 activities undertaken by military forces of a state in the exercise of their official duties4 7d7 ,definitions ,in this section-- 7#a7 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 #gf of the #aihb ,convention on the ,law of the ,sea2 and 7#b7 fixed platform means an artificial island1 installation1 or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes4 4 7b7 ,conforming amendment ,the table of sections at the beginning of chapter #aaa of title #ah1 ,united ,states ,code1 is amended by adding after the item relating to section #bbha the following new item3 #bbha;a4 ,additional offenses against maritime fixed platforms4 4 #hje4 ,ancillary measure ,section #bccb;b7g77#e77;,b7 of title #ah1 ,united ,states ,code1 is amended by inserting #bbhj;a 7relating to maritime safety71 before #bbha1 and by striking #bbha and inserting #bbha through #bbha;a4 ,b ,prevention of ,nuclear ,terrorism #haa4 ,new section #bccb;i of title #ah1 ,united ,states ,code 7a7 ,in general ,chapter #aac;,b of title #ah1 ,united ,states ,code1 is amended by adding after section #bccb;h the following3 #bccb;i4 ,acts of nuclear terrorism 7a7 ,offenses 7#a7 ,in general ,whoever knowingly and unlawfully-- 7,a7 possesses radioactive material or makes or possesses a device-- 7i7 with the intent to cause death or serious bodily injury2 or 7ii7 with the intent to cause substantial damage to property or the environment2 or 7,b7 uses in any way radioactive material or a device1 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 material1 or causes radioactive contamination or exposure to radiation-- 7i7 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 injury2 7ii7 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 environment2 or 7iii7 with the intent to compel a person1 an international organization or a country to do or refrain from doing an act1 shall be punished as prescribed in subsection 7c74 7#b7 ,threats ,whoever1 under circumstances in which the threat may reasonably be believed1 threatens to commit an offense under paragraph 7#a7 shall be punished as prescribed in subsection 7c74 ,whoever demands possession of or access to radioactive material1 a device or a nuclear facility by threat or by use of force shall be punished as prescribed in subsection 7c74 7#c7 ,attempts and conspiracies ,whoever attempts to commit an offense under paragraph 7#a7 or conspires to commit an offense under paragraph 7#a7 or 7#b7 shall be punished as prescribed in subsection 7c74 7b7 ,jurisdiction ,conduct prohibited by subsection 7a7 is within the jurisdiction of the ,united ,states if-- 7#a7 the prohibited conduct takes place in the ,united ,states or the special aircraft jurisdiction of the ,united ,states2 7#b7 the prohibited conduct takes place outside of the ,united ,states and-- 7,a7 is committed by a national of the ,united ,states1 a ,united ,states corporation or legal entity or a stateless person whose habitual residence is in the ,united ,states2 7,b7 is committed on board a vessel of the ,united ,states or a vessel subject to the jurisdiction of the ,united ,states 7as defined in section #gjejb of title #df7 or on board an aircraft that is registered under ,united ,states law1 at the time the offense is committed2 or 7,c7 is committed in an attempt to compel the ,united ,states to do or abstain from doing any act1 or constitutes a threat directed at the ,united ,states2 7#c7 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 entity1 or the offense is committed against any state or government facility of the ,united ,states2 or 7#d7 a perpetrator of the prohibited conduct is found in the ,united ,states4 7c7 ,penalties ,whoever violates this section shall be fined not more than #b1jjj1jjj and shall be imprisoned for any term of years or for life4 7d7 ,nonapplicability ,this section does not apply to-- 7#a7 the activities of armed forces during an armed conflict1 as those terms are understood under the law of war1 which are governed by that law2 or 7#b7 activities undertaken by military forces of a state in the exercise of their official duties4 7e7 ,definitions ,as used in this section1 the term-- 7#a7 armed conflict has the meaning given that term in section #bccb;f7e77#aa7 of this title2 7#b7 device means3 7,a7 any nuclear explosive device2 or 7,b7 any radioactive material dispersal or radiation-emitting device that may1 owing to its radiological properties1 cause death1 serious bodily injury or substantial damage to property or the environment2 7#c7 international organization has the meaning given that term in section #hca7;f77#c7 of this title2 7#d7 military forces of a state means the armed forces of a country that are organized1 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 command1 control and responsibility2 7#e7 national of the ,united ,states has the meaning given that term in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb772 7#f7 nuclear facility means3 7,a7 any nuclear reactor1 including reactors on vessels1 vehicles1 aircraft or space objects for use as an energy source in order to propel such vessels1 vehicles1 aircraft or space objects or for any other purpose2 7,b7 any plant or conveyance being used for the production1 storage1 processing or transport of radioactive material2 or 7,c7 a facility 7including associated buildings and equipment7 in which nuclear material is produced1 processed1 used1 handled1 stored or disposed of1 if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material2 7#g7 nuclear material has the meaning given that term in section #hca7;f77#a7 of this title2 7#h7 radioactive material means nuclear material and other radioactive substances that contain nuclides that undergo spontaneous disintegration 7a process accompanied by emission of one or more types of ionizing radiation1 such as alpha-1 beta-1 neutron particles and gamma rays7 and that may1 owing to their radiological or fissile properties1 cause death1 serious bodily injury or substantial damage to property or to the environment2 7#i7 serious bodily injury has the meaning given that term in section #hca7;f77#d7 of this title2 7#aj7 state has the same meaning as that term has under international law1 and includes all political subdivisions thereof2 7#aa7 state or government facility has the meaning given that term in section #bccb;f7e77#c7 of this title2 7#ab7 ,united ,states corporation or legal entity means any corporation or other entity organized under the laws of the ,united ,states or any ,state1 ,commonwealth1 territory1 possession or district of the ,united ,states2 7#ac7 vessel has the meaning given that term in section #aejb7ai7 of title #cc2 and 7#ad7 vessel of the ,united ,states has the meaning given that term in section #gjejb of title #df4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #aac;,b of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bccb;h the following3 #bccb;i4 ,acts of nuclear terrorism4 4 7c7 ,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 conduct4 7d7 ,inclusion in definition of ,federal crimes of terrorism ,section #bccb;b7g77#e77;,b7 of title #ah1 ,united ,states ,code1 is amended by inserting #bccb;i 7relating to acts of nuclear terrorism71 before #bcci 7relating to harboring terrorists74 #hab4 ,amendment to section #hca of title #ah1 ,united ,states ,code ,section #hca of title #ah1 ,united ,states ,code1 is amended-- 7a7 in subsection 7a7-- 7#a7 by redesignating paragraphs 7#c7 through 7#h7 as paragraphs 7#d7 through 7#i72 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 without lawful authority1 intentionally carries1 sends or moves nuclear material into or out of a country2 2 7#c7 in paragraph 7#h71 as redesignated1 by striking an offense under paragraph 7#a71 7#b71 7#c71 or 7#d7 and inserting any act prohibited under paragraphs 7#a7 through 7#e72 and 7#d7 in paragraph 7#i71 as redesignated1 by striking an offense under paragraph 7#a71 7#b71 7#c71 or 7#d7 and inserting any act prohibited under paragraphs 7#a7 through 7#g72 7b7 in subsection 7b7-- 7#a7 in paragraph 7#a71 by striking 7#g7 and inserting 7#h72 and 7#b7 in paragraph 7#b71 by striking 7#h7 and inserting 7#i72 7c7 in subsection 7c7-- 7#a7 in subparagraph 7#b77;,a71 by adding after ,united ,states the following3 or a stateless person whose habitual residence is in the ,united ,states2 7#b7 by striking paragraph 7#e72 7#c7 in paragraph 7#d71 by striking or at the end2 and 7#d7 by inserting after paragraph 7#d71 the following3 7#e7 the offense is committed on board a vessel of the ,united ,states or a vessel subject to the jurisdiction of the ,united ,states 7as defined in section #gjejb of title #df7 or on board an aircraft that is registered under ,united ,states law1 at the time the offense is committed2 7#f7 the offense is committed outside the ,united ,states and against any state or government facility of the ,united ,states2 or 7#g7 the offense is committed in an attempt to compel the ,united ,states to do or abstain from doing any act1 or constitutes a threat directed at the ,united ,states4 2 7d7 by redesignating subsections 7d7 through 7f7 as 7e7 through 7g71 respectively2 7e7 by inserting after subsection 7c7 the following3 7d7 ,nonapplicability ,this section does not apply to-- 7#a7 the activities of armed forces during an armed conflict1 as those terms are understood under the law of war1 which are governed by that law2 or 7#b7 activities undertaken by military forces of a state in the exercise of their official duties4 2 and 7f7 in subsection 7g71 as redesignated-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting a semicolon2 and 7#c7 by inserting after paragraph 7#g71 the following3 7#h7 the term armed conflict has the meaning given that term in section #bccb;f7e77#aa7 of this title2 7#i7 the term military forces of a state means the armed forces of a country that are organized1 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 command1 control and responsibility2 7#aj7 the term state has the same meaning as that term has under international law1 and includes all political subdivisions thereof2 7#aa7 the term state or government facility has the meaning given that term in section #bccb;f7e77#c7 of this title2 and 7#ab7 the term vessel of the ,united ,states has the meaning given that term in section #gjejb of title #df4 4 ,passed the ,house of ,representatives ,may #ac1 #bjae4,karen ,l4 ,haas1,clerk ,may #ah1 #bjae,read the second time and placed on the calendar