US Codex
Pub. L.
Notes

Title VII — Enhanced National Security Provisions

114th Congress · Approved Jun 2, 2015 · 129 Stat. 268 · Lineage

TITLE VII Enhanced National Security Provisions

SEC. 701. Emergencies Involving Non-United States Persons.

(a)
In General.— Section 105 (50 U.S.C. 1805) is amended—
(1)
by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; and
(2)
by inserting after subsection (e) the following:

“(f)

(1) Notwithstanding any other provision of this Act, the lawfully authorized targeting of a non-United States person previously believed to be located outside the United States for the acquisition of foreign intelligence information may continue for a period not to exceed 72 hours from the time that the non-United States person is reasonably believed to be located inside the United States and the acquisition is subject to this title or to title III of this Act, provided that the head of an element of the intelligence community—

“(A) reasonably determines that a lapse in the targeting of such non-United States person poses a threat of death or serious bodily harm to any person;

“(B) promptly notifies the Attorney General of a determination under subparagraph (A); and

“(C) requests, as soon as practicable, the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 304(e), as warranted.

“(2) The authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed 72 hours and shall cease upon the earlier of the following:

“(A) The employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 304(e).

“(B) An issuance of a court order under this title or title III of this Act.

“(C) The Attorney General provides direction that the acquisition be terminated.

“(D) The head of the element of the intelligence community conducting the acquisition determines that a request under paragraph (1)(C) is not warranted.

“(E) When the threat of death or serious bodily harm to any person is no longer reasonably believed to exist.

“(3) Nonpublicly available information concerning unconsenting United States persons acquired under this subsection shall not be disseminated during the 72 hour time period under paragraph (1) unless necessary to investigate, reduce, or eliminate the threat of death or serious bodily harm to any person.

“(4) If the Attorney General declines to authorize the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 304(e), or a court order is not obtained under this title or title III of this Act, information obtained during the 72 hour acquisition time period under paragraph (1) shall not be retained, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

“(5) Paragraphs (5) and (6) of subsection (e) shall apply to this subsection.”

(b)
Notification of Emergency Employment of Electronic Surveillance.— Section 106(j) (50 U.S.C. 1806(j)) is amended by striking “ section 105(e)” and inserting “ subsection (e) or (f) of section 105”.
(c)
Report to Congress.— Section 108(a)(2) (50 U.S.C. 1808(a)(2)) is amended—
(1)
in subparagraph (B), by striking “ and” at the end;
(2)
in subparagraph (C), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(D) the total number of authorizations under section 105(f) and the total number of subsequent emergency employments of electronic surveillance under section 105(e) or emergency physical searches pursuant to section 301(e).”

SEC. 702. Preservation of Treatment of Non-United States Persons Traveling Outside the United States as Agents of Foreign Powers.

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

SEC. 703. Improvement to Investigations of International Proliferation of Weapons of Mass Destruction.

Section 101(b)(1) is further amended by striking subparagraph (E) and inserting the following new subparagraph (E):

“(E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power, or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor, or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor; or”

SEC. 705. Sunsets.

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