[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3773 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                        March 14, 2008.
    Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 3773) entitled ``An Act to amend the Foreign 
Intelligence Surveillance Act of 1978 to establish a procedure for 
authorizing certain acquisitions of foreign intelligence, and for other 
purposes'', with the following

                  HOUSE AMENDMENT TO SENATE AMENDMENT:

            In lieu of the matter proposed to be inserted by the 
      amendment of the Senate, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign 
Intelligence Surveillance Act of 1978 Amendments Act of 2008'' or the 
``FISA Amendments Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

               TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE

Sec. 101. Additional procedures regarding certain persons outside the 
                            United States.
Sec. 102. Statement of exclusive means by which electronic surveillance 
                            and interception of certain communications 
                            may be conducted.
Sec. 103. Submittal to Congress of certain court orders under the 
                            Foreign Intelligence Surveillance Act of 
                            1978.
Sec. 104. Applications for court orders.
Sec. 105. Issuance of an order.
Sec. 106. Use of information.
Sec. 107. Amendments for physical searches.
Sec. 108. Amendments for emergency pen registers and trap and trace 
                            devices.
Sec. 109. Foreign intelligence surveillance court.
Sec. 110. Review of previous actions.
Sec. 111. Weapons of mass destruction.
Sec. 112. Statute of limitations.

        TITLE II--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

Sec. 201. Statutory defenses.
Sec. 202. Technical amendments.

TITLE III--COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES

Sec. 301. Commission on Warrantless Electronic Surveillance Activities.

                       TITLE IV--OTHER PROVISIONS

Sec. 401. Severability.
Sec. 402. Effective date.
Sec. 403. Repeals.
Sec. 404. Transition procedures.
Sec. 405. No rights under the FISA Amendments Act of 2008 for 
                            undocumented aliens.
Sec. 406. Surveillance to protect the United States.

               TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE

SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE 
              UNITED STATES.

    (a) In General.--The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended--
            (1) by striking title VII; and
            (2) by adding after title VI the following new title:

 ``TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE 
                           THE UNITED STATES

``SEC. 701. DEFINITIONS.

    ``(a) In General.--The terms `agent of a foreign power', `Attorney 
General', `contents', `electronic surveillance', `foreign intelligence 
information', `foreign power', `minimization procedures', `person', 
`United States', and `United States person' have the meanings given 
such terms in section 101, except as specifically provided in this 
title.
    ``(b) Additional Definitions.--
            ``(1) Congressional intelligence committees.--The term 
        `congressional intelligence committees' means--
                    ``(A) the Select Committee on Intelligence of the 
                Senate; and
                    ``(B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            ``(2) Foreign intelligence surveillance court; court.--The 
        terms `Foreign Intelligence Surveillance Court' and `Court' 
        mean the court established by section 103(a).
            ``(3) Foreign intelligence surveillance court of review; 
        court of review.--The terms `Foreign Intelligence Surveillance 
        Court of Review' and `Court of Review' mean the court 
        established by section 103(b).
            ``(4) Electronic communication service provider.--The term 
        `electronic communication service provider' means--
                    ``(A) a telecommunications carrier, as that term is 
                defined in section 3 of the Communications Act of 1934 
                (47 U.S.C. 153);
                    ``(B) a provider of electronic communication 
                service, as that term is defined in section 2510 of 
                title 18, United States Code;
                    ``(C) a provider of a remote computing service, as 
                that term is defined in section 2711 of title 18, 
                United States Code;
                    ``(D) any other communication service provider who 
                has access to wire or electronic communications either 
                as such communications are transmitted or as such 
                communications are stored; or
                    ``(E) an officer, employee, or agent of an entity 
                described in subparagraph (A), (B), (C), or (D).
            ``(5) Intelligence community.--The term `intelligence 
        community' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

``SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
              STATES OTHER THAN UNITED STATES PERSONS.

    ``(a) Authorization.--Notwithstanding any other provision of law, 
pursuant to an order issued in accordance with subsection (i)(3) or a 
determination under subsection (g)(1)(B), the Attorney General and the 
Director of National Intelligence may authorize jointly, for a period 
of up to 1 year from the effective date of the authorization, the 
targeting of persons reasonably believed to be located outside the 
United States to acquire foreign intelligence information.
    ``(b) Limitations.--An acquisition authorized under subsection 
(a)--
            ``(1) may not intentionally target any person known at the 
        time of acquisition to be located in the United States;
            ``(2) may not intentionally target a person reasonably 
        believed to be located outside the United States in order to 
        target a particular, known person reasonably believed to be in 
        the United States;
            ``(3) may not intentionally target a United States person 
        reasonably believed to be located outside the United States;
            ``(4) may not intentionally acquire any communication as to 
        which the sender and all intended recipients are known at the 
        time of the acquisition to be located in the United States; and
            ``(5) shall be conducted in a manner consistent with the 
        fourth amendment to the Constitution of the United States.
    ``(c) Conduct of Acquisition.--An acquisition authorized under 
subsection (a) may be conducted only in accordance with--
            ``(1) a certification made by the Attorney General and the 
        Director of National Intelligence pursuant to subsection (g) or 
        a determination under paragraph (1)(B) of such subsection; and
            ``(2) the procedures and guidelines required pursuant to 
        subsections (d), (e), and (f).
    ``(d) Targeting Procedures.--
            ``(1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National Intelligence, shall 
        adopt targeting procedures that are reasonably designed to 
        ensure that any acquisition authorized under subsection (a) is 
        limited to targeting persons reasonably believed to be located 
        outside the United States and does not result in the 
        intentional acquisition of any communication as to which the 
        sender and all intended recipients are known at the time of the 
        acquisition to be located in the United States.
            ``(2) Judicial review.--The procedures required by 
        paragraph (1) shall be subject to judicial review pursuant to 
        subsection (i).
    ``(e) Minimization Procedures.--
            ``(1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National Intelligence, shall 
        adopt minimization procedures for acquisitions authorized under 
        subsection (a) that--
                    ``(A) in the case of electronic surveillance, meet 
                the definition of minimization procedures under section 
                101(h); and
                    ``(B) in the case of a physical search, meet the 
                definition of minimization procedures under section 
                301(4).
            ``(2) Judicial review.--The minimization procedures 
        required by paragraph (1) shall be subject to judicial review 
        pursuant to subsection (i).
    ``(f) Guidelines for Compliance With Limitations.--
            ``(1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National Intelligence, shall 
        adopt guidelines to ensure--
                    ``(A) compliance with the limitations in subsection 
                (b); and
                    ``(B) that an application is filed under section 
                104 or 303, if required by this Act.
            ``(2) Criteria.--With respect to subsection (b)(2), the 
        guidelines adopted pursuant to paragraph (1) shall contain 
        specific criteria for determining whether a significant purpose 
        of an acquisition is to acquire the communications of a 
        specific United States person reasonably believed to be located 
        in the United States. Such criteria shall include consideration 
        of whether--
                    ``(A) the department or agency of the Federal 
                Government conducting the acquisition has made an 
                inquiry to another department or agency of the Federal 
                Government to gather information on the specific United 
                States person;
                    ``(B) the department or agency of the Federal 
                Government conducting the acquisition has provided 
                information that identifies the specific United States 
                person to another department or agency of the Federal 
                Government;
                    ``(C) the department or agency of the Federal 
                Government conducting the acquisition determines that 
                the specific United States person has been the subject 
                of ongoing interest or repeated investigation by a 
                department or agency of the Federal Government; and
                    ``(D) the specific United States person is a 
                natural person.
            ``(3) Training.--The Director of National Intelligence 
        shall establish a training program for appropriate personnel of 
        the intelligence community to ensure that the guidelines 
        adopted pursuant to paragraph (1) are properly implemented.
            ``(4) Submission to congress and foreign intelligence 
        surveillance court.--The Attorney General shall submit the 
        guidelines adopted pursuant to paragraph (1) to--
                    ``(A) the congressional intelligence committees;
                    ``(B) the Committees on the Judiciary of the House 
                of Representatives and the Senate; and
                    ``(C) the Foreign Intelligence Surveillance Court.
    ``(g) Certification.--
            ``(1) In general.--
                    ``(A) Requirement.--Subject to subparagraph (B), if 
                the Attorney General and the Director of National 
                Intelligence seek to authorize an acquisition under 
                this section, the Attorney General and the Director of 
                National Intelligence shall provide, under oath, a 
                written certification, as described in this subsection.
                    ``(B) Emergency authorization.--If the Attorney 
                General and the Director of National Intelligence 
                determine that an emergency situation exists, immediate 
                action by the Government is required, and time does not 
                permit the completion of judicial review pursuant to 
                subsection (i) prior to the initiation of an 
                acquisition, the Attorney General and the Director of 
                National Intelligence may authorize the acquisition and 
                shall submit to the Foreign Intelligence Surveillance 
                Court a certification under this subsection as soon as 
                possible but in no event more than 7 days after such 
                determination is made.
            ``(2) Requirements.--A certification made under this 
        subsection shall--
                    ``(A) attest that--
                            ``(i) there are reasonable procedures in 
                        place for determining that the acquisition 
                        authorized under subsection (a)--
                                    ``(I) is targeted at persons 
                                reasonably believed to be located 
                                outside the United States and such 
                                procedures have been submitted to the 
                                Foreign Intelligence Surveillance 
                                Court; and
                                    ``(II) does not result in the 
                                intentional acquisition of any 
                                communication as to which the sender 
                                and all intended recipients are known 
                                at the time of the acquisition to be 
                                located in the United States, and such 
                                procedures have been submitted to the 
                                Foreign Intelligence Surveillance 
                                Court;
                            ``(ii) guidelines have been adopted in 
                        accordance with subsection (f) to ensure 
                        compliance with the limitations in subsection 
                        (b) and to ensure that applications are filed 
                        under section 104 or section 303, if required 
                        by this Act;
                            ``(iii) the minimization procedures to be 
                        used with respect to such acquisition--
                                    ``(I) meet the definition of 
                                minimization procedures under section 
                                101(h) or section 301(4) in accordance 
                                with subsection (e); and
                                    ``(II) have been submitted to the 
                                Foreign Intelligence Surveillance 
                                Court;
                            ``(iv) the procedures and guidelines 
                        referred to in clauses (i), (ii), and (iii) are 
                        consistent with the requirements of the fourth 
                        amendment to the Constitution of the United 
                        States;
                            ``(v) a significant purpose of the 
                        acquisition is to obtain foreign intelligence 
                        information;
                            ``(vi) the acquisition involves obtaining 
                        the foreign intelligence information from or 
                        with the assistance of an electronic 
                        communication service provider; and
                            ``(vii) the acquisition complies with the 
                        limitations in subsection (b);
                    ``(B) be supported, as appropriate, by the 
                affidavit of any appropriate official in the area of 
                national security who is--
                            ``(i) appointed by the President, by and 
                        with the consent of the Senate; or
                            ``(ii) the head of an element of the 
                        intelligence community; and
                    ``(C) include--
                            ``(i) an effective date for the 
                        authorization that is between 30 and 60 days 
                        from the submission of the written 
                        certification to the court; or
                            ``(ii) if the acquisition has begun or will 
                        begin in less than 30 days from the submission 
                        of the written certification to the court--
                                    ``(I) the date the acquisition 
                                began or the effective date for the 
                                acquisition;
                                    ``(II) a description of why 
                                implementation was required in less 
                                than 30 days from the submission of the 
                                written certification to the court; and
                                    ``(III) if the acquisition is 
                                authorized under paragraph (1)(B), the 
                                basis for the determination that an 
                                emergency situation exists, immediate 
                                action by the government is required, 
                                and time does not permit the completion 
                                of judicial review prior to the 
                                initiation of the acquisition.
            ``(3) Limitation.--A certification made under this 
        subsection is not required to identify the specific facilities, 
        places, premises, or property at which the acquisition 
        authorized under subsection (a) will be directed or conducted.
            ``(4) Submission to the court.--The Attorney General shall 
        transmit a copy of a certification made under this subsection, 
        and any supporting affidavit, under seal to the Foreign 
        Intelligence Surveillance Court before the initiation of an 
        acquisition under this section, except in accordance with 
        paragraph (1)(B). The Attorney General shall maintain such 
        certification under security measures adopted by the Chief 
        Justice of the United States and the Attorney General, in 
        consultation with the Director of National Intelligence.
            ``(5) Review.--A certification submitted pursuant to this 
        subsection shall be subject to judicial review pursuant to 
        subsection (i).
    ``(h) Directives and Judicial Review of Directives.--
            ``(1) Authority.--Pursuant to an order issued in accordance 
        with subsection (i)(3) or a determination under subsection 
        (g)(1)(B), the Attorney General and the Director of National 
        Intelligence may direct, in writing, an electronic 
        communication service provider to--
                    ``(A) immediately provide the Government with all 
                information, facilities, or assistance necessary to 
                accomplish the acquisition authorized in accordance 
                with this section in a manner that will protect the 
                secrecy of the acquisition and produce a minimum of 
                interference with the services that such electronic 
                communication service provider is providing to the 
                target of the acquisition; and
                    ``(B) maintain under security procedures approved 
                by the Attorney General and the Director of National 
                Intelligence any records concerning the acquisition or 
                the aid furnished that such electronic communication 
                service provider wishes to maintain.
            ``(2) Compensation.--The Government shall compensate, at 
        the prevailing rate, an electronic communication service 
        provider for providing information, facilities, or assistance 
        pursuant to paragraph (1).
            ``(3) Release from liability.--Notwithstanding any other 
        provision of law, no cause of action shall lie in any court 
        against any electronic communication service provider for 
        providing any information, facilities, or assistance in 
        accordance with a directive issued pursuant to paragraph (1).
            ``(4) Challenging of directives.--
                    ``(A) Authority to challenge.--An electronic 
                communication service provider receiving a directive 
                issued pursuant to paragraph (1) may challenge the 
                directive by filing a petition with the Foreign 
                Intelligence Surveillance Court, which shall have 
                jurisdiction to review such a petition.
                    ``(B) Assignment.--The presiding judge of the Court 
                shall assign the petition filed under subparagraph (A) 
                to 1 of the judges serving in the pool established by 
                section 103(e)(1) not later than 24 hours after the 
                filing of the petition.
                    ``(C) Standards for review.--A judge considering a 
                petition to modify or set aside a directive may grant 
                such petition only if the judge finds that the 
                directive does not meet the requirements of this 
                section or is otherwise unlawful.
                    ``(D) Procedures for initial review.--A judge shall 
                conduct an initial review of a petition filed under 
                subparagraph (A) not later than 5 days after being 
                assigned such petition. If the judge determines that 
                the petition does not consist of claims, defenses, or 
                other legal contentions that are warranted by existing 
                law, a nonfrivolous argument for extending, modifying, 
                or reversing existing law, or establishing new law, the 
                judge shall immediately deny the petition and affirm 
                the directive or any part of the directive that is the 
                subject of the petition and order the recipient to 
                comply with the directive or any part of it. Upon 
                making such a determination or promptly thereafter, the 
                judge shall provide a written statement for the record 
                of the reasons for a determination under this 
                subparagraph.
                    ``(E) Procedures for plenary review.--If a judge 
                determines that a petition filed under subparagraph (A) 
                requires plenary review, the judge shall affirm, 
                modify, or set aside the directive that is the subject 
                of that petition not later than 30 days after being 
                assigned the petition. If the judge does not set aside 
                the directive, the judge shall immediately affirm or 
                modify the directive and order the recipient to comply 
                with the directive in its entirety or as modified. The 
                judge shall provide a written statement for the records 
                of the reasons for a determination under this 
                subparagraph.
                    ``(F) Continued effect.--Any directive not 
                explicitly modified or set aside under this paragraph 
                shall remain in full effect.
                    ``(G) Contempt of court.--Failure to obey an order 
                of the Court issued under this paragraph may be 
                punished by the Court as contempt of court.
            ``(5) Enforcement of directives.--
                    ``(A) Order to compel.--If an electronic 
                communication service provider fails to comply with a 
                directive issued pursuant to paragraph (1), the 
                Attorney General may file a petition for an order to 
                compel the electronic communication service provider to 
                comply with the directive with the Foreign Intelligence 
                Surveillance Court, which shall have jurisdiction to 
                review such a petition.
                    ``(B) Assignment.--The presiding judge of the Court 
                shall assign a petition filed under subparagraph (A) to 
                1 of the judges serving in the pool established by 
                section 103(e)(1) not later than 24 hours after the 
                filing of the petition.
                    ``(C) Procedures for review.--A judge considering a 
                petition filed under subparagraph (A) shall issue an 
                order requiring the electronic communication service 
                provider to comply with the directive or any part of 
                it, as issued or as modified not later than 30 days 
                after being assigned the petition if the judge finds 
                that the directive meets the requirements of this 
                section and is otherwise lawful. The judge shall 
                provide a written statement for the record of the 
                reasons for a determination under this paragraph.
                    ``(D) Contempt of court.--Failure to obey an order 
                of the Court issued under this paragraph may be 
                punished by the Court as contempt of court.
                    ``(E) Process.--Any process under this paragraph 
                may be served in any judicial district in which the 
                electronic communication service provider may be found.
            ``(6) Appeal.--
                    ``(A) Appeal to the court of review.--The 
                Government or an electronic communication service 
                provider receiving a directive issued pursuant to 
                paragraph (1) may file a petition with the Foreign 
                Intelligence Surveillance Court of Review for review of 
                a decision issued pursuant to paragraph (4) or (5). The 
                Court of Review shall have jurisdiction to consider 
                such a petition and shall provide a written statement 
                for the record of the reasons for a decision under this 
                paragraph.
                    ``(B) Certiorari to the supreme court.--The 
                Government or an electronic communication service 
                provider receiving a directive issued pursuant to 
                paragraph (1) may file a petition for a writ of 
                certiorari for review of the decision of the Court of 
                Review issued under subparagraph (A). The record for 
                such review shall be transmitted under seal to the 
                Supreme Court of the United States, which shall have 
                jurisdiction to review such decision.
    ``(i) Judicial Review of Certifications and Procedures.--
            ``(1) In general.--
                    ``(A) Review by the foreign intelligence 
                surveillance court.--The Foreign Intelligence 
                Surveillance Court shall have jurisdiction to review 
                any certification submitted pursuant to subsection (g) 
                and the targeting and minimization procedures required 
                by subsections (d) and (e).
                    ``(B) Time period for review.--The Court shall 
                review the certification submitted pursuant to 
                subsection (g) and the targeting and minimization 
                procedures required by subsections (d) and (e) and 
                approve or deny an order under this subsection not 
                later than 30 days after the date on which a 
                certification is submitted.
            ``(2) Review.--The Court shall review the following:
                    ``(A) Certifications.--A certification submitted 
                pursuant to subsection (g) to determine whether the 
                certification contains all the required elements.
                    ``(B) Targeting procedures.--The targeting 
                procedures required by subsection (d) to assess whether 
                the procedures are reasonably designed to ensure that 
                the acquisition authorized under subsection (a) is 
                limited to the targeting of persons reasonably believed 
                to be located outside the United States and does not 
                result in the intentional acquisition of any 
                communication as to which the sender and all intended 
                recipients are known at the time of the acquisition to 
                be located in the United States.
                    ``(C) Minimization procedures.--The minimization 
                procedures required by subsection (e) to assess whether 
                such procedures meet the definition of minimization 
                procedures under section 101(h) or section 301(4) in 
                accordance with subsection (e).
            ``(3) Orders.--
                    ``(A) Approval.--If the Court finds that a 
                certification submitted pursuant to subsection (g) 
                contains all of the required elements and that the 
                procedures required by subsections (d) and (e) are 
                consistent with the requirements of those subsections 
                and with the fourth amendment to the Constitution of 
                the United States, the Court shall enter an order 
                approving the certification and the use of the 
                procedures for the acquisition.
                    ``(B) Correction of deficiencies.--If the Court 
                finds that a certification submitted pursuant to 
                subsection (g) does not contain all of the required 
                elements or that the procedures required by subsections 
                (d) and (e) are not consistent with the requirements of 
                those subsections or the fourth amendment to the 
                Constitution of the United States--
                            ``(i) in the case of a certification 
                        submitted in accordance with subsection 
                        (g)(1)(A), the Court shall deny the order, 
                        identify any deficiency in the certification or 
                        procedures, and provide the Government with an 
                        opportunity to correct such deficiency; and
                            ``(ii) in the case of a certification 
                        submitted in accordance with subsection 
                        (g)(1)(B), the Court shall issue an order 
                        directing the Government to, at the 
                        Government's election and to the extent 
                        required by the Court's order--
                                    ``(I) correct any deficiency 
                                identified by the Court not later than 
                                30 days after the date the Court issues 
                                the order; or
                                    ``(II) cease the acquisition 
                                authorized under subsection (g)(1)(B).
                    ``(C) Requirement for written statement.--In 
                support of its orders under this subsection, the Court 
                shall provide, simultaneously with the orders, for the 
                record a written statement of its reasons.
            ``(4) Appeal.--
                    ``(A) Appeal to the court of review.--The 
                Government may appeal any order under this section to 
                the Foreign Intelligence Surveillance Court of Review, 
                which shall have jurisdiction to review such order. For 
                any decision affirming, reversing, or modifying an 
                order of the Foreign Intelligence Surveillance Court, 
                the Court of Review shall provide for the record a 
                written statement of its reasons.
                    ``(B) Continuation of acquisition pending rehearing 
                or appeal.--Any acquisition affected by an order under 
                paragraph (3)(B)(ii) may continue--
                            ``(i) during the pendency of any rehearing 
                        of the order by the Court en banc; and
                            ``(ii) if the Government appeals an order 
                        under this section, subject to subparagraph 
                        (C), until the Court of Review enters an order 
                        under subparagraph (A).
                    ``(C) Implementation of emergency authority pending 
                appeal.--Not later than 60 days after the filing of an 
                appeal of an order issued under paragraph (3)(B)(ii) 
                directing the correction of a deficiency, the Court of 
                Review shall determine, and enter a corresponding order 
                regarding whether all or any part of the correction 
                order, as issued or modified, shall be implemented 
                during the pendency of the appeal. The Government shall 
                conduct an acquisition affected by such order issued 
                under paragraph (3)(B)(ii) in accordance with an order 
                issued under this subparagraph or shall cease such 
                acquisition.
                    ``(D) Certiorari to the supreme court.--The 
                Government may file a petition for a writ of certiorari 
                for review of a decision of the Court of Review issued 
                under subparagraph (A). The record for such review 
                shall be transmitted under seal to the Supreme Court of 
                the United States, which shall have jurisdiction to 
                review such decision.
            ``(5) Schedule.--
                    ``(A) Replacement of authorizations in effect.--If 
                the Attorney General and the Director of National 
                Intelligence seek to replace an authorization issued 
                pursuant to section 105B of the Foreign Intelligence 
                Surveillance Act of 1978, as added by section 2 of the 
                Protect America Act of 2007 (Public Law 110-55), the 
                Attorney General and the Director of National 
                Intelligence shall, to the extent practicable, submit 
                to the Court a certification under subsection (g) and 
                the procedures required by subsections (d), (e), and 
                (f) at least 30 days before the expiration of such 
                authorization.
                    ``(B) Reauthorization of authorizations in 
                effect.--If the Attorney General and the Director of 
                National Intelligence seek to replace an authorization 
                issued pursuant to this section, the Attorney General 
                and the Director of National Intelligence shall, to the 
                extent practicable, submit to the Court a certification 
                under subsection (g) and the procedures required by 
                subsections (d), (e), and (f) at least 30 days prior to 
                the expiration of such authorization.
                    ``(C) Consolidated submissions.--The Attorney 
                General and Director of National Intelligence shall, to 
                the extent practicable, annually submit to the Court a 
                consolidation of--
                            ``(i) certifications under subsection (g) 
                        for reauthorization of authorizations in 
                        effect;
                            ``(ii) the procedures required by 
                        subsections (d), (e), and (f); and
                            ``(iii) the annual review required by 
                        subsection (l)(3) for the preceding year.
                    ``(D) Timing of reviews.--The Attorney General and 
                the Director of National Intelligence shall, to the 
                extent practicable, schedule the completion of the 
                annual review under subsection (l)(3) and a semiannual 
                assessment under subsection (l)(1) so that they may be 
                submitted to the Court at the time of the consolidated 
                submission under subparagraph (C).
                    ``(E) Construction.--The requirements of 
                subparagraph (C) shall not be construed to preclude the 
                Attorney General and the Director of National 
                Intelligence from submitting certifications for 
                additional authorizations at other times during the 
                year as necessary.
            ``(6) Compliance.--At or before the end of the period of 
        time for which a certification submitted pursuant to subsection 
        (g) and procedures required by subsection (d) and (e) are 
        approved by an order under this section, the Foreign 
        Intelligence Surveillance Court may assess compliance with the 
        minimization procedures required by subsection (e) by reviewing 
        the circumstances under which information concerning United 
        States persons was acquired, retained, or disseminated.
    ``(j) Judicial Proceedings.--
            ``(1) Expedited proceedings.--Judicial proceedings under 
        this section shall be conducted as expeditiously as possible.
            ``(2) Time limits.--A time limit for a judicial decision in 
        this section shall apply unless the Court, the Court of Review, 
        or any judge of either the Court or the Court of Review, by 
        order for reasons stated, extends that time for good cause.
    ``(k) Maintenance and Security of Records and Proceedings.--
            ``(1) Standards.--The Foreign Intelligence Surveillance 
        Court shall maintain a record of a proceeding under this 
        section, including petitions filed, orders granted, and 
        statements of reasons for decision, under security measures 
        adopted by the Chief Justice of the United States, in 
        consultation with the Attorney General and the Director of 
        National Intelligence.
            ``(2) Filing and review.--All petitions under this section 
        shall be filed under seal. In any proceedings under this 
        section, the court shall, upon request of the Government, 
        review ex parte and in camera any Government submission, or 
        portions of a submission, which may include classified 
        information.
            ``(3) Retention of records.--The Director of National 
        Intelligence and the Attorney General shall retain a directive 
        made or an order granted under this section for a period of not 
        less than 10 years from the date on which such directive or 
        such order is made.
    ``(l) Assessments and Reviews.--
            ``(1) Semiannual assessment.--Not less frequently than once 
        every 6 months, the Attorney General and Director of National 
        Intelligence shall assess compliance with the procedures and 
        guidelines required by subsections (d), (e), and (f) and shall 
        submit each assessment to--
                    ``(A) the congressional intelligence committees;
                    ``(B) the Committees on the Judiciary of the House 
                of Representatives and the Senate; and
                    ``(C) the Foreign Intelligence Surveillance Court.
            ``(2) Agency assessment.--The Inspectors General of the 
        Department of Justice and of each element of the intelligence 
        community authorized to acquire foreign intelligence 
        information under subsection (a), with respect to such 
        Department or such element--
                    ``(A) are authorized to review compliance with the 
                procedures and guidelines required by subsections (d), 
                (e), and (f);
                    ``(B) with respect to acquisitions authorized under 
                subsection (a), shall review the disseminated 
                intelligence reports containing a reference to a United 
                States person identity and the number of United States 
                person identities subsequently disseminated by the 
                element concerned in response to requests for 
                identities that were not referred to by name or title 
                in the original reporting;
                    ``(C) with respect to acquisitions authorized under 
                subsection (a), shall review the targets that were 
                later determined to be located in the United States 
                and, to the extent possible, whether their 
                communications were reviewed; and
                    ``(D) shall provide each such review to--
                            ``(i) the Attorney General;
                            ``(ii) the Director of National 
                        Intelligence;
                            ``(iii) the congressional intelligence 
                        committees;
                            ``(iv) the Committees on the Judiciary of 
                        the House of Representatives and the Senate; 
                        and
                            ``(v) the Foreign Intelligence Surveillance 
                        Court.
            ``(3) Annual review.--
                    ``(A) Requirement to conduct.--The head of each 
                element of the intelligence community conducting an 
                acquisition authorized under subsection (a) shall 
                conduct an annual review to determine whether there is 
                reason to believe that foreign intelligence information 
                has been or will be obtained from the acquisition. The 
                annual review shall provide, with respect to such 
                acquisitions authorized under subsection (a)--
                            ``(i) the number and nature of disseminated 
                        intelligence reports containing a reference to 
                        a United States person identity;
                            ``(ii) the number and nature of United 
                        States person identities subsequently 
                        disseminated by that element in response to 
                        requests for identities that were not referred 
                        to by name or title in the original reporting;
                            ``(iii) the number of targets that were 
                        later determined to be located in the United 
                        States and, to the extent possible, whether 
                        their communications were reviewed; and
                            ``(iv) a description of any procedures 
                        developed by the head of such element of the 
                        intelligence community and approved by the 
                        Director of National Intelligence to assess, in 
                        a manner consistent with national security, 
                        operational requirements and the privacy 
                        interests of United States persons, the extent 
                        to which the acquisitions authorized under 
                        subsection (a) acquire the communications of 
                        United States persons, and the results of any 
                        such assessment.
                    ``(B) Use of review.--The head of each element of 
                the intelligence community that conducts an annual 
                review under subparagraph (A) shall use each such 
                review to evaluate the adequacy of the minimization 
                procedures utilized by such element or the application 
                of the minimization procedures to a particular 
                acquisition authorized under subsection (a).
                    ``(C) Provision of review.--The head of each 
                element of the intelligence community that conducts an 
                annual review under subparagraph (A) shall provide such 
                review to--
                            ``(i) the Foreign Intelligence Surveillance 
                        Court;
                            ``(ii) the Attorney General;
                            ``(iii) the Director of National 
                        Intelligence;
                            ``(iv) the congressional intelligence 
                        committees; and
                            ``(v) the Committees on the Judiciary of 
                        the House of Representatives and the Senate.
    ``(m) Construction.--Nothing in this Act shall be construed to 
require an application under section 104 for an acquisition that is 
targeted in accordance with this section at a person reasonably 
believed to be located outside the United States.

``SEC. 703. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES OF UNITED 
              STATES PERSONS OUTSIDE THE UNITED STATES.

    ``(a) Jurisdiction of the Foreign Intelligence Surveillance 
Court.--
            ``(1) In general.--The Foreign Intelligence Surveillance 
        Court shall have jurisdiction to review an application and 
        enter an order approving the targeting of a United States 
        person reasonably believed to be located outside the United 
        States to acquire foreign intelligence information if the 
        acquisition constitutes electronic surveillance or the 
        acquisition of stored electronic communications or stored 
        electronic data that requires an order under this Act and such 
        acquisition is conducted within the United States.
            ``(2) Limitation.--If a United States person targeted under 
        this subsection is reasonably believed to be located in the 
        United States during the pendency of an order issued pursuant 
        to subsection (c), such acquisition shall cease unless 
        authority, other than under this section, is obtained pursuant 
        to this Act or the targeted United States person is again 
        reasonably believed to be located outside the United States 
        during the pendency of an order issued pursuant to subsection 
        (c).
    ``(b) Application.--
            ``(1) In general.--Each application for an order under this 
        section shall be made by a Federal officer in writing upon oath 
        or affirmation to a judge having jurisdiction under subsection 
        (a)(1). Each application shall require the approval of the 
        Attorney General based upon the Attorney General's finding that 
        it satisfies the criteria and requirements of such application, 
        as set forth in this section, and shall include--
                    ``(A) the identity of the Federal officer making 
                the application;
                    ``(B) the identity, if known, or a description of 
                the United States person who is the target of the 
                acquisition;
                    ``(C) a statement of the facts and circumstances 
                relied upon to justify the applicant's belief that the 
                United States person who is the target of the 
                acquisition is--
                            ``(i) a person reasonably believed to be 
                        located outside the United States; and
                            ``(ii) a foreign power, an agent of a 
                        foreign power, or an officer or employee of a 
                        foreign power;
                    ``(D) a statement of proposed minimization 
                procedures that--
                            ``(i) in the case of electronic 
                        surveillance, meet the definition of 
                        minimization procedures in section 101(h); and
                            ``(ii) in the case of a physical search, 
                        meet the definition of minimization procedures 
                        in section 301(4);
                    ``(E) a description of the nature of the 
                information sought and the type of communications or 
                activities to be subjected to acquisition;
                    ``(F) a certification made by the Attorney General 
                or an official specified in section 104(a)(6) that--
                            ``(i) the certifying official deems the 
                        information sought to be foreign intelligence 
                        information;
                            ``(ii) a significant purpose of the 
                        acquisition is to obtain foreign intelligence 
                        information;
                            ``(iii) such information cannot reasonably 
                        be obtained by normal investigative techniques;
                            ``(iv) identifies the type of foreign 
                        intelligence information being sought according 
                        to the categories described in each 
                        subparagraph of section 101(e); and
                            ``(v) includes a statement of the basis for 
                        the certification that--
                                    ``(I) the information sought is the 
                                type of foreign intelligence 
                                information designated; and
                                    ``(II) such information cannot 
                                reasonably be obtained by normal 
                                investigative techniques;
                    ``(G) a summary statement of the means by which the 
                acquisition will be conducted and whether physical 
                entry is required to effect the acquisition;
                    ``(H) the identity of any electronic communication 
                service provider necessary to effect the acquisition, 
                provided, however, that the application is not required 
                to identify the specific facilities, places, premises, 
                or property at which the acquisition authorized under 
                this section will be directed or conducted;
                    ``(I) a statement of the facts concerning any 
                previous applications that have been made to any judge 
                of the Foreign Intelligence Surveillance Court 
                involving the United States person specified in the 
                application and the action taken on each previous 
                application; and
                    ``(J) a statement of the period of time for which 
                the acquisition is required to be maintained, provided 
                that such period of time shall not exceed 90 days per 
                application.
            ``(2) Other requirements of the attorney general.--The 
        Attorney General may require any other affidavit or 
        certification from any other officer in connection with the 
        application.
            ``(3) Other requirements of the judge.--The judge may 
        require the applicant to furnish such other information as may 
        be necessary to make the findings required by subsection 
        (c)(1).
    ``(c) Order.--
            ``(1) Findings.--Upon an application made pursuant to 
        subsection (b), the Foreign Intelligence Surveillance Court 
        shall enter an ex parte order as requested or as modified by 
        the Court approving the acquisition if the Court finds that--
                    ``(A) the application has been made by a Federal 
                officer and approved by the Attorney General;
                    ``(B) on the basis of the facts submitted by the 
                applicant, for the United States person who is the 
                target of the acquisition, there is probable cause to 
                believe that the target is--
                            ``(i) a person reasonably believed to be 
                        located outside the United States; and
                            ``(ii) a foreign power, an agent of a 
                        foreign power, or an officer or employee of a 
                        foreign power;
                    ``(C) the proposed minimization procedures--
                            ``(i) in the case of electronic 
                        surveillance, meet the definition of 
                        minimization procedures in section 101(h); and
                            ``(ii) in the case of a physical search, 
                        meet the definition of minimization procedures 
                        in section 301(4);
                    ``(D) the application that has been filed contains 
                all statements and certifications required by 
                subsection (b) and the certification or certifications 
                are not clearly erroneous on the basis of the statement 
                made under subsection (b)(1)(F)(v) and any other 
                information furnished under subsection (b)(3).
            ``(2) Probable cause.--In determining whether or not 
        probable cause exists for purposes of paragraph (1)(B), a judge 
        having jurisdiction under subsection (a)(1) may consider past 
        activities of the target and facts and circumstances relating 
        to current or future activities of the target. No United States 
        person may be considered a foreign power, agent of a foreign 
        power, or officer or employee of a foreign power solely upon 
        the basis of activities protected by the first amendment to the 
        Constitution of the United States.
            ``(3) Review.--
                    ``(A) Limitation on review.--Review by a judge 
                having jurisdiction under subsection (a)(1) shall be 
                limited to that required to make the findings described 
                in paragraph (1).
                    ``(B) Review of probable cause.--If the judge 
                determines that the facts submitted under subsection 
                (b) are insufficient to establish probable cause under 
                paragraph (1)(B), the judge shall enter an order so 
                stating and provide a written statement for the record 
                of the reasons for such determination. The Government 
                may appeal an order under this subparagraph pursuant to 
                subsection (f).
                    ``(C) Review of minimization procedures.--If the 
                judge determines that the proposed minimization 
                procedures referred to in paragraph (1)(C) do not meet 
                the definition of minimization procedures as required 
                under such paragraph the judge shall enter an order so 
                stating and provide a written statement for the record 
                of the reasons for such determination. The Government 
                may appeal an order under this subparagraph pursuant to 
                subsection (f).
                    ``(D) Review of certification.--If the judge 
                determines that an application under subsection (b) 
                does not contain all of the required elements, or that 
                the certification or certifications are clearly 
                erroneous on the basis of the statement made under 
                subsection (b)(1)(F)(v) and any other information 
                furnished under subsection (b)(3), the judge shall 
                enter an order so stating and provide a written 
                statement for the record of the reasons for such 
                determination. The Government may appeal an order under 
                this subparagraph pursuant to subsection (f).
            ``(4) Specifications.--An order approving an acquisition 
        under this subsection shall specify--
                    ``(A) the identity, if known, or a description of 
                the United States person who is the target of the 
                acquisition identified or described in the application 
                pursuant to subsection (b)(1)(B);
                    ``(B) if provided in the application pursuant to 
                subsection (b)(1)(H), the nature and location of each 
                of the facilities or places at which the acquisition 
                will be directed;
                    ``(C) the nature of the information sought to be 
                acquired and the type of communications or activities 
                to be subjected to acquisition;
                    ``(D) the means by which the acquisition will be 
                conducted and whether physical entry is required to 
                effect the acquisition; and
                    ``(E) the period of time during which the 
                acquisition is approved.
            ``(5) Directions.--An order approving an acquisition under 
        this subsection shall direct--
                    ``(A) that the minimization procedures referred to 
                in paragraph (1)(C), as approved or modified by the 
                Court, be followed;
                    ``(B) an electronic communication service provider 
                to provide to the Government forthwith all information, 
                facilities, or assistance necessary to accomplish the 
                acquisition authorized under such order in a manner 
                that will protect the secrecy of the acquisition and 
                produce a minimum of interference with the services 
                that such electronic communication service provider is 
                providing to the target of the acquisition;
                    ``(C) an electronic communication service provider 
                to maintain under security procedures approved by the 
                Attorney General any records concerning the acquisition 
                or the aid furnished that such electronic communication 
                service provider wishes to maintain; and
                    ``(D) that the Government compensate, at the 
                prevailing rate, such electronic communication service 
                provider for providing such information, facilities, or 
                assistance.
            ``(6) Duration.--An order approved under this subsection 
        shall be effective for a period not to exceed 90 days and such 
        order may be renewed for additional 90-day periods upon 
        submission of renewal applications meeting the requirements of 
        subsection (b).
            ``(7) Compliance.--At or prior to the end of the period of 
        time for which an acquisition is approved by an order or 
        extension under this section, the judge may assess compliance 
        with the minimization procedures referred to in paragraph 
        (1)(C) by reviewing the circumstances under which information 
        concerning United States persons was acquired, retained, or 
        disseminated.
    ``(d) Emergency Authorization.--
            ``(1) Authority for emergency authorization.--
        Notwithstanding any other provision of this Act, if the 
        Attorney General reasonably determines that--
                    ``(A) an emergency situation exists with respect to 
                the acquisition of foreign intelligence information for 
                which an order may be obtained under subsection (c) 
                before an order authorizing such acquisition can with 
                due diligence be obtained, and
                    ``(B) the factual basis for issuance of an order 
                under this subsection to approve such acquisition 
                exists,
        the Attorney General may authorize such acquisition if a judge 
        having jurisdiction under subsection (a)(1) is informed by the 
        Attorney General, or a designee of the Attorney General, at the 
        time of such authorization that the decision has been made to 
        conduct such acquisition and if an application in accordance 
        with this section is made to a judge of the Foreign 
        Intelligence Surveillance Court as soon as practicable, but not 
        more than 7 days after the Attorney General authorizes such 
        acquisition.
            ``(2) Minimization procedures.--If the Attorney General 
        authorizes an acquisition under paragraph (1), the Attorney 
        General shall require that the minimization procedures referred 
        to in subsection (c)(1)(C) for the issuance of a judicial order 
        be followed.
            ``(3) Termination of emergency authorization.--In the 
        absence of a judicial order approving an acquisition authorized 
        under paragraph (1), such acquisition shall terminate when the 
        information sought is obtained, when the application for the 
        order is denied, or after the expiration of 7 days from the 
        time of authorization by the Attorney General, whichever is 
        earliest.
            ``(4) Use of information.--If an application for approval 
        submitted pursuant to paragraph (1) is denied, or in any other 
        case where the acquisition is terminated and no order is issued 
        approving the acquisition, no information obtained or evidence 
        derived from such acquisition, except under circumstances in 
        which the target of the acquisition is determined not to be a 
        United States person, shall be received in evidence or 
        otherwise disclosed in any trial, hearing, or other proceeding 
        in or before any court, grand jury, department, office, agency, 
        regulatory body, legislative committee, or other authority of 
        the United States, a State, or political subdivision thereof, 
        and no information concerning any United States person acquired 
        from such acquisition shall subsequently be used or disclosed 
        in any other manner by Federal officers or employees without 
        the consent of such person, except with the approval of the 
        Attorney General if the information indicates a threat of death 
        or serious bodily harm to any person.
    ``(e) Release From Liability.--Notwithstanding any other provision 
of law, no cause of action shall lie in any court against any 
electronic communication service provider for providing any 
information, facilities, or assistance in accordance with an order or 
request for emergency assistance issued pursuant to subsection (c) or 
(d).
    ``(f) Appeal.--
            ``(1) Appeal to the foreign intelligence surveillance court 
        of review.--The Government may file an appeal with the Foreign 
        Intelligence Surveillance Court of Review for review of an 
        order issued pursuant to subsection (c). The Court of Review 
        shall have jurisdiction to consider such appeal and shall 
        provide a written statement for the record of the reasons for a 
        decision under this paragraph.
            ``(2) Certiorari to the supreme court.--The Government may 
        file a petition for a writ of certiorari for review of a 
        decision of the Court of Review under paragraph (1). The record 
        for such review shall be transmitted under seal to the Supreme 
        Court of the United States, which shall have jurisdiction to 
        review such decision.
    ``(g) Construction.--Nothing in this Act shall be construed to 
require an application under section 104 for an acquisition that is 
targeted in accordance with this section at a person reasonably 
believed to be located outside the United States.

``SEC. 704. OTHER ACQUISITIONS TARGETING UNITED STATES PERSONS OUTSIDE 
              THE UNITED STATES.

    ``(a) Jurisdiction and Scope.--
            ``(1) Jurisdiction.--The Foreign Intelligence Surveillance 
        Court shall have jurisdiction to enter an order pursuant to 
        subsection (c).
            ``(2) Scope.--No department or agency of the Federal 
        Government may intentionally target, for the purpose of 
        acquiring foreign intelligence information, a United States 
        person reasonably believed to be located outside the United 
        States under circumstances in which the targeted United States 
        person has a reasonable expectation of privacy and a warrant 
        would be required if the acquisition were conducted inside the 
        United States for law enforcement purposes, unless a judge of 
        the Foreign Intelligence Surveillance Court has entered an 
        order with respect to such targeted United States person or the 
        Attorney General has authorized an emergency acquisition 
        pursuant to subsection (c) or (d) or any other provision of 
        this Act.
            ``(3) Limitations.--
                    ``(A) Moving or misidentified targets.--If a 
                targeted United States person is reasonably believed to 
                be in the United States during the pendency of an order 
                issued pursuant to subsection (c), acquisitions 
                relating to such targeted United States Person shall 
                cease unless authority is obtained pursuant to this Act 
                or the targeted United States person is again 
                reasonably believed to be located outside the United 
                States during the pendency of such order.
                    ``(B) Applicability.--If an acquisition is to be 
                conducted inside the United States and could be 
                authorized under section 703, the acquisition may only 
                be conducted if authorized under section 703 or in 
                accordance with another provision of this Act other 
                than this section.
    ``(b) Application.--Each application for an order under this 
section shall be made by a Federal officer in writing upon oath or 
affirmation to a judge having jurisdiction under subsection (a)(1). 
Each application shall require the approval of the Attorney General 
based upon the Attorney General's finding that it satisfies the 
criteria and requirements of such application as set forth in this 
section and shall include--
            ``(1) the identity of the Federal officer making the 
        application;
            ``(2) the identity, if known, or a description of the 
        specific United States person who is the target of the 
        acquisition;
            ``(3) a statement of the facts and circumstances relied 
        upon to justify the applicant's belief that the United States 
        person who is the target of the acquisition is--
                    ``(A) a person reasonably believed to be located 
                outside the United States; and
                    ``(B) a foreign power, an agent of a foreign power, 
                or an officer or employee of a foreign power;
            ``(4) a statement of proposed minimization procedures 
        that--
                    ``(A) in the case of electronic surveillance, meet 
                the definition of minimization procedures in section 
                101(h); and
                    ``(B) in the case of a physical search, meet the 
                definition of minimization procedures in section 
                301(4);
            ``(5) a certification made by the Attorney General, an 
        official specified in section 104(a)(6), or the head of an 
        element of the intelligence community that--
                    ``(A) the certifying official deems the information 
                sought to be foreign intelligence information; and
                    ``(B) a significant purpose of the acquisition is 
                to obtain foreign intelligence information;
            ``(6) a statement of the facts concerning any previous 
        applications that have been made to any judge of the Foreign 
        Intelligence Surveillance Court involving the United States 
        person specified in the application and the action taken on 
        each previous application; and
            ``(7) a statement of the period of time for which the 
        acquisition is required to be maintained, provided that such 
        period of time shall not exceed 90 days per application.
    ``(c) Order.--
            ``(1) Findings.--Upon an application made pursuant to 
        subsection (b), the Foreign Intelligence Surveillance Court 
        shall enter an ex parte order as requested or as modified by 
        the Court if the Court finds that--
                    ``(A) the application has been made by a Federal 
                officer and approved by the Attorney General;
                    ``(B) on the basis of the facts submitted by the 
                applicant, for the United States person who is the 
                target of the acquisition, there is probable cause to 
                believe that the target is--
                            ``(i) a person reasonably believed to be 
                        located outside the United States; and
                            ``(ii) a foreign power, an agent of a 
                        foreign power, or an officer or employee of a 
                        foreign power;
                    ``(C) the proposed minimization procedures--
                            ``(i) in the case of electronic 
                        surveillance, meet the definition of 
                        minimization procedures in section 101(h); and
                            ``(ii) in the case of a physical search, 
                        meet the definition of minimization procedures 
                        in section 301(4);
                    ``(D) the application that has been filed contains 
                all statements and certifications required by 
                subsection (b) and the certification provided under 
                subsection (b)(5) is not clearly erroneous on the basis 
                of the information furnished under subsection (b).
            ``(2) Probable cause.--In determining whether or not 
        probable cause exists for purposes of an order under paragraph 
        (1)(B), a judge having jurisdiction under subsection (a)(1) may 
        consider past activities of the target and facts and 
        circumstances relating to current or future activities of the 
        target. No United States person may be considered a foreign 
        power, agent of a foreign power, or officer or employee of a 
        foreign power solely upon the basis of activities protected by 
        the first amendment to the Constitution of the United States.
            ``(3) Review.--
                    ``(A) Limitations on review.--Review by a judge 
                having jurisdiction under subsection (a)(1) shall be 
                limited to that required to make the findings described 
                in paragraph (1). The judge shall not have jurisdiction 
                to review the means by which an acquisition under this 
                section may be conducted.
                    ``(B) Review of probable cause.--If the judge 
                determines that the facts submitted under subsection 
                (b) are insufficient to establish probable cause under 
                paragraph (1)(B), the judge shall enter an order so 
                stating and provide a written statement for the record 
                of the reasons for such determination. The Government 
                may appeal an order under this clause pursuant to 
                subsection (e).
                    ``(C) Review of minimization procedures.--If the 
                judge determines that the proposed minimization 
                procedures referred to in paragraph (1)(C) do not meet 
                the definition of minimization procedures as required 
                under such paragraph, the judge shall enter an order so 
                stating and provide a written statement for the record 
                of the reasons for such determination. The Government 
                may appeal an order under this clause pursuant to 
                subsection (e).
                    ``(D) Scope of review of certification.--If the 
                judge determines that an application under subsection 
                (b) does not contain all the required elements, or that 
                the certification provided under subsection (b)(5) is 
                clearly erroneous on the basis of the information 
                furnished under subsection (b), the judge shall enter 
                an order so stating and provide a written statement for 
                the record of the reasons for such determination. The 
                Government may appeal an order under this clause 
                pursuant to subsection (e).
            ``(4) Duration.--An order under this paragraph shall be 
        effective for a period not to exceed 90 days and such order may 
        be renewed for additional 90-day periods upon submission of 
        renewal applications meeting the requirements of subsection 
        (b).
            ``(5) Compliance.--At or prior to the end of the period of 
        time for which an order or extension is granted under this 
        section, the judge may assess compliance with the minimization 
        procedures referred to in paragraph (1)(C) by reviewing the 
        circumstances under which information concerning United States 
        persons was disseminated, provided that the judge may not 
        inquire into the circumstances relating to the conduct of the 
        acquisition.
    ``(d) Emergency Authorization.--
            ``(1) Authority for emergency authorization.--
        Notwithstanding any other provision of this section, if the 
        Attorney General reasonably determines that--
                    ``(A) an emergency situation exists with respect to 
                the acquisition of foreign intelligence information for 
                which an order may be obtained under subsection (c) 
                before an order under that subsection may, with due 
                diligence, be obtained, and
                    ``(B) the factual basis for the issuance of an 
                order under this section exists,
        the Attorney General may authorize such acquisition if a judge 
        having jurisdiction under subsection (a)(1) is informed by the 
        Attorney General or a designee of the Attorney General at the 
        time of such authorization that the decision has been made to 
        conduct such acquisition and if an application in accordance 
        with this section is made to a judge of the Foreign 
        Intelligence Surveillance Court as soon as practicable, but not 
        more than 7 days after the Attorney General authorizes such 
        acquisition.
            ``(2) Minimization procedures.--If the Attorney General 
        authorizes an emergency acquisition under paragraph (1), the 
        Attorney General shall require that the minimization procedures 
        referred to in subsection (c)(1)(C) be followed.
            ``(3) Termination of emergency authorization.--In the 
        absence of an order under subsection (c), the acquisition 
        authorized under paragraph (1) shall terminate when the 
        information sought is obtained, if the application for the 
        order is denied, or after the expiration of 7 days from the 
        time of authorization by the Attorney General, whichever is 
        earliest.
            ``(4) Use of information.--If an application submitted 
        pursuant to paragraph (1) is denied, or in any other case where 
        an acquisition under this section is terminated and no order 
        with respect to the target of the acquisition is issued under 
        subsection (c), no information obtained or evidence derived 
        from such acquisition, except under circumstances in which the 
        target of the acquisition is determined not to be a United 
        States person, shall be received in evidence or otherwise 
        disclosed in any trial, hearing, or other proceeding in or 
        before any court, grand jury, department, office, agency, 
        regulatory body, legislative committee, or other authority of 
        the United States, a State, or political subdivision thereof, 
        and no information concerning any United States person acquired 
        from such acquisition shall subsequently be used or disclosed 
        in any other manner by Federal officers or employees without 
        the consent of such person, except with the approval of the 
        Attorney General if the information indicates a threat of death 
        or serious bodily harm to any person.
    ``(e) Appeal.--
            ``(1) Appeal to the court of review.--The Government may 
        file an appeal with the Foreign Intelligence Surveillance Court 
        of Review for review of an order issued pursuant to subsection 
        (c). The Court of Review shall have jurisdiction to consider 
        such appeal and shall provide a written statement for the 
        record of the reasons for a decision under this paragraph.
            ``(2) Certiorari to the supreme court.--The Government may 
        file a petition for a writ of certiorari for review of a 
        decision of the Court of Review issued under paragraph (1). The 
        record for such review shall be transmitted under seal to the 
        Supreme Court of the United States, which shall have 
        jurisdiction to review such decision.

``SEC. 705. JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS.

    ``(a) Joint Applications and Orders.--If an acquisition targeting a 
United States person under section 703 or section 704 is proposed to be 
conducted both inside and outside the United States, a judge having 
jurisdiction under section 703(a)(1) or section 704(a)(1) may issue 
simultaneously, upon the request of the Government in a joint 
application complying with the requirements of section 703(b) and 
section 704(b), orders under section 703(c) and section 704(c), as 
appropriate.
    ``(b) Concurrent Authorization.--
            ``(1) Electronic surveillance.--If an order authorizing 
        electronic surveillance has been obtained under section 105 and 
        that order is still in effect, during the pendency of that 
        order the Attorney General may authorize, without an order 
        under section 703 or 704, electronic surveillance for the 
        purpose of acquiring foreign intelligence information targeting 
        that United States person while such person is reasonably 
        believed to be located outside the United States.
            ``(2) Physical search.--If an order authorizing a physical 
        search has been obtained under section 304 and that order is 
        still in effect, during the pendency of that order the Attorney 
        General may authorize, without an order under section 703 or 
        704, a physical search for the purpose of acquiring foreign 
        intelligence information targeting that United States person 
        while such person is reasonably believed to be located outside 
        the United States.

``SEC. 706. USE OF INFORMATION ACQUIRED UNDER TITLE VII.

    ``Information acquired pursuant to section 702 or 703 shall be 
considered information acquired from an electronic surveillance 
pursuant to title I for purposes of section 106.

``SEC. 707. CONGRESSIONAL OVERSIGHT.

    ``(a) Semiannual Report.--Not less frequently than once every 6 
months, the Attorney General shall fully inform, in a manner consistent 
with national security, the congressional intelligence committees and 
the Committees on the Judiciary of the Senate and the House of 
Representatives, concerning the implementation of this title.
    ``(b) Content.--Each report made under subsection (a) shall 
include--
            ``(1) with respect to section 702--
                    ``(A) any certifications made under section 702(g) 
                during the reporting period;
                    ``(B) with respect to each certification made under 
                paragraph (1)(B) of such section, the reasons for 
                exercising the authority under such paragraph;
                    ``(C) any directives issued under section 702(h) 
                during the reporting period;
                    ``(D) a description of the judicial review during 
                the reporting period of any such certifications and 
                targeting and minimization procedures adopted pursuant 
                to subsections (d) and (e) of section 702 utilized with 
                respect to such acquisition, including a copy of any 
                order or pleading in connection with such review that 
                contains a significant legal interpretation of the 
                provisions of section 702;
                    ``(E) any actions taken to challenge or enforce a 
                directive under paragraph (4) or (5) of section 702(h);
                    ``(F) any compliance reviews conducted by the 
                Attorney General or the Director of National 
                Intelligence of acquisitions authorized under 
                subsection 702(a);
                    ``(G) a description of any incidents of 
                noncompliance with a directive issued by the Attorney 
                General and the Director of National Intelligence under 
                subsection 702(h), including--
                            ``(i) incidents of noncompliance by an 
                        element of the intelligence community with 
                        procedures and guidelines adopted pursuant to 
                        subsections (d), (e), and (f) of section 702; 
                        and
                            ``(ii) incidents of noncompliance by a 
                        specified person to whom the Attorney General 
                        and Director of National Intelligence issued a 
                        directive under subsection 702(h); and
                    ``(H) any procedures implementing section 702;
            ``(2) with respect to section 703--
                    ``(A) the total number of applications made for 
                orders under section 703(b);
                    ``(B) the total number of such orders--
                            ``(i) granted;
                            ``(ii) modified; or
                            ``(iii) denied; and
                    ``(C) the total number of emergency acquisitions 
                authorized by the Attorney General under section 703(d) 
                and the total number of subsequent orders approving or 
                denying such acquisitions; and
            ``(3) with respect to section 704--
                    ``(A) the total number of applications made for 
                orders under 704(b);
                    ``(B) the total number of such orders--
                            ``(i) granted;
                            ``(ii) modified; or
                            ``(iii) denied; and
                    ``(C) the total number of emergency acquisitions 
                authorized by the Attorney General under subsection 
                704(d) and the total number of subsequent orders 
                approving or denying such applications.

``SEC. 708. SAVINGS PROVISION.

    ``Nothing in this title shall be construed to limit the authority 
of the Federal Government to seek an order or authorization under, or 
otherwise engage in any activity that is authorized under, any other 
title of this Act.''.
    (b) Table of Contents.--The table of contents in the first section 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et. seq.) is amended--
            (1) by striking the item relating to title VII;
            (2) by striking the item relating to section 701; and
            (3) by adding at the end the following:

 ``TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE 
                           THE UNITED STATES

``Sec. 701. Definitions.
``Sec. 702. Procedures for targeting certain persons outside the United 
                            States other than United States persons.
``Sec. 703. Certain acquisitions inside the United States of United 
                            States persons outside the United States.
``Sec. 704. Other acquisitions targeting United States persons outside 
                            the United States.
``Sec. 705. Joint applications and concurrent authorizations.
``Sec. 706. Use of information acquired under title VII.
``Sec. 707. Congressional oversight.
``Sec. 708. Savings provision.''.
    (c) Technical and Conforming Amendments.--
            (1) Title 18, united states code.--Section 
        2511(2)(a)(ii)(A) of title 18, United States Code, is amended 
        by inserting ``or a court order pursuant to section 704 of the 
        Foreign Intelligence Surveillance Act of 1978'' after 
        ``assistance''.
            (2) Foreign intelligence surveillance act of 1978.--Section 
        601(a)(1) of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1871(a)(1)) is amended--
                    (A) in subparagraph (C), by striking ``and''; and
                    (B) by adding at the end the following new 
                subparagraphs:
                    ``(E) acquisitions under section 703; and
                    ``(F) acquisitions under section 704;''.

SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE 
              AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE 
              CONDUCTED.

    (a) Statement of Exclusive Means.--Title I of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by adding at the end the following new section:

  ``statement of exclusive means by which electronic surveillance and 
        interception of certain communications may be conducted

    ``Sec. 112.  (a) Except as provided in subsection (b), the 
procedures of chapters 119, 121, and 206 of title 18, United States 
Code, and this Act shall be the exclusive means by which electronic 
surveillance and the interception of domestic wire, oral, or electronic 
communications may be conducted.
    ``(b) Only an express statutory authorization for electronic 
surveillance or the interception of domestic wire, oral, or electronic 
communications, other than as an amendment to this Act or chapters 119, 
121, or 206 of title 18, United States Code, shall constitute an 
additional exclusive means for the purpose of subsection (a).''.
    (b) Offense.--Section 109(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking 
``authorized by statute'' each place it appears in such section and 
inserting ``authorized by this Act, chapter 119, 121, or 206 of title 
18, United States Code, or any express statutory authorization that is 
an additional exclusive means for conducting electronic surveillance 
under section 112.''; and
    (c) Conforming Amendments.--
            (1) Title 18, united states code.--Section 2511(2)(a) of 
        title 18, United States Code, is amended by adding at the end 
        the following:
                            ``(iii) If a certification under 
                        subparagraph (ii)(B) for assistance to obtain 
                        foreign intelligence information is based on 
                        statutory authority, the certification shall 
                        identify the specific statutory provision, and 
                        shall certify that the statutory requirements 
                        have been met.''; and
            (2) Table of contents.--The table of contents in the first 
        section of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.) is amended by inserting after the item 
        relating to section 111 the following new item:

``Sec. 112. Statement of exclusive means by which electronic 
                            surveillance and interception of certain 
                            communications may be conducted.''.

SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS UNDER THE 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Inclusion of Certain Orders in Semiannual Reports of Attorney 
General.--Subsection (a)(5) of section 601 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871) is amended by striking ``(not 
including orders)'' and inserting ``, orders,''.
    (b) Reports by Attorney General on Certain Other Orders.--Such 
section 601 is further amended by adding at the end the following:
    ``(c) Submissions to Congress.--The Attorney General shall submit 
to the committees of Congress referred to in subsection (a)--
            ``(1) a copy of any decision, order, or opinion issued by 
        the Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review that includes 
        significant construction or interpretation of any provision of 
        this Act, and any pleadings, applications, or memoranda of law 
        associated with such decision, order, or opinion, not later 
        than 45 days after such decision, order, or opinion is issued; 
        and
            ``(2) a copy of any such decision, order, or opinion, and 
        any pleadings, applications, or memoranda of law associated 
        with such decision, order, or opinion, that was issued during 
        the 5-year period ending on the date of the enactment of the 
        FISA Amendments Act of 2008 and not previously submitted in a 
        report under subsection (a).
    ``(d) Protection of National Security.--The Attorney General, in 
consultation with the Director of National Intelligence, may authorize 
redactions of materials described in subsection (c) that are provided 
to the committees of Congress referred to in subsection (a), if such 
redactions are necessary to protect the national security of the United 
States and are limited to sensitive sources and methods information or 
the identities of targets.''.
    (c) Definitions.--Such section 601, as amended by subsections (a) 
and (b), is further amended by adding at the end the following:
    ``(e) Definitions.--In this section:
            ``(1) Foreign intelligence surveillance court.--The term 
        `Foreign Intelligence Surveillance Court' means the court 
        established by section 103(a).
            ``(2) Foreign intelligence surveillance court of review.--
        The term `Foreign Intelligence Surveillance Court of Review' 
        means the court established by section 103(b).''.

SEC. 104. APPLICATIONS FOR COURT ORDERS.

    Section 104 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1804) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraphs (2) and (11);
                    (B) by redesignating paragraphs (3) through (10) as 
                paragraphs (2) through (9), respectively;
                    (C) in paragraph (5), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``detailed'';
                    (D) in paragraph (7), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``statement of'' and inserting ``summary statement 
                of'';
                    (E) in paragraph (8), as redesignated by 
                subparagraph (B) of this paragraph, by adding ``and'' 
                at the end; and
                    (F) in paragraph (9), as redesignated by 
                subparagraph (B) of this paragraph, by striking ``; 
                and'' and inserting a period;
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) through (e) as 
        subsections (b) through (d), respectively; and
            (4) in paragraph (1)(A) of subsection (d), as redesignated 
        by paragraph (3) of this subsection, by striking ``or the 
        Director of National Intelligence'' and inserting ``the 
        Director of National Intelligence, or the Director of the 
        Central Intelligence Agency''.

SEC. 105. ISSUANCE OF AN ORDER.

    Section 105 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively;
            (2) in subsection (b), by striking ``(a)(3)'' and inserting 
        ``(a)(2)'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (D), by adding ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (F);
            (4) by striking subsection (d);
            (5) by redesignating subsections (e) through (i) as 
        subsections (d) through (h), respectively;
            (6) by amending subsection (e), as redesignated by 
        paragraph (5) of this section, to read as follows:
    ``(e)(1) Notwithstanding any other provision of this title, the 
Attorney General may authorize the emergency employment of electronic 
surveillance if the Attorney General--
                    ``(A) reasonably determines that an emergency 
                situation exists with respect to the employment of 
                electronic surveillance to obtain foreign intelligence 
                information before an order authorizing such 
                surveillance can with due diligence be obtained;
                    ``(B) reasonably determines that the factual basis 
                for the issuance of an order under this title to 
                approve such electronic surveillance exists;
                    ``(C) informs, either personally or through a 
                designee, a judge having jurisdiction under section 103 
                at the time of such authorization that the decision has 
                been made to employ emergency electronic surveillance; 
                and
                    ``(D) makes an application in accordance with this 
                title to a judge having jurisdiction under section 103 
                as soon as practicable, but not later than 7 days after 
                the Attorney General authorizes such surveillance.
            ``(2) If the Attorney General authorizes the emergency 
        employment of electronic surveillance under paragraph (1), the 
        Attorney General shall require that the minimization procedures 
        required by this title for the issuance of a judicial order be 
        followed.
            ``(3) In the absence of a judicial order approving such 
        electronic surveillance, the surveillance shall terminate when 
        the information sought is obtained, when the application for 
        the order is denied, or after the expiration of 7 days from the 
        time of authorization by the Attorney General, whichever is 
        earliest.
            ``(4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
            ``(5) In the event that such application for approval is 
        denied, or in any other case where the electronic surveillance 
        is terminated and no order is issued approving the 
        surveillance, no information obtained or evidence derived from 
        such surveillance shall be received in evidence or otherwise 
        disclosed in any trial, hearing, or other proceeding in or 
        before any court, grand jury, department, office, agency, 
        regulatory body, legislative committee, or other authority of 
        the United States, a State, or political subdivision thereof, 
        and no information concerning any United States person acquired 
        from such surveillance shall subsequently be used or disclosed 
        in any other manner by Federal officers or employees without 
        the consent of such person, except with the approval of the 
        Attorney General if the information indicates a threat of death 
        or serious bodily harm to any person.
            ``(6) The Attorney General shall assess compliance with the 
        requirements of paragraph (5).''; and
            (7) by adding at the end the following:
    ``(i) In any case in which the Government makes an application to a 
judge under this title to conduct electronic surveillance involving 
communications and the judge grants such application, upon the request 
of the applicant, the judge shall also authorize the installation and 
use of pen registers and trap and trace devices, and direct the 
disclosure of the information set forth in section 402(d)(2).''.

SEC. 106. USE OF INFORMATION.

    Subsection (i) of section 106 of the Foreign Intelligence 
Surveillance Act of 1978 (8 U.S.C. 1806) is amended by striking ``radio 
communication'' and inserting ``communication''.

SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES.

    (a) Applications.--Section 303 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1823) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraphs (3) through (9) as 
                paragraphs (2) through (8), respectively;
                    (C) in paragraph (2), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``detailed''; and
                    (D) in paragraph (3)(C), as redesignated by 
                subparagraph (B) of this paragraph, by inserting ``or 
                is about to be'' before ``owned''; and
            (2) in subsection (d)(1)(A), by striking ``or the Director 
        of National Intelligence'' and inserting ``the Director of 
        National Intelligence, or the Director of the Central 
        Intelligence Agency''.
    (b) Orders.--Section 304 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1824) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
            (2) by amending subsection (e) to read as follows:
    ``(e)(1) Notwithstanding any other provision of this title, the 
Attorney General may authorize the emergency employment of a physical 
search if the Attorney General--
                    ``(A) reasonably determines that an emergency 
                situation exists with respect to the employment of a 
                physical search to obtain foreign intelligence 
                information before an order authorizing such physical 
                search can with due diligence be obtained;
                    ``(B) reasonably determines that the factual basis 
                for issuance of an order under this title to approve 
                such physical search exists;
                    ``(C) informs, either personally or through a 
                designee, a judge of the Foreign Intelligence 
                Surveillance Court at the time of such authorization 
                that the decision has been made to employ an emergency 
                physical search; and
                    ``(D) makes an application in accordance with this 
                title to a judge of the Foreign Intelligence 
                Surveillance Court as soon as practicable, but not more 
                than 7 days after the Attorney General authorizes such 
                physical search.
            ``(2) If the Attorney General authorizes the emergency 
        employment of a physical search under paragraph (1), the 
        Attorney General shall require that the minimization procedures 
        required by this title for the issuance of a judicial order be 
        followed.
            ``(3) In the absence of a judicial order approving such 
        physical search, the physical search shall terminate when the 
        information sought is obtained, when the application for the 
        order is denied, or after the expiration of 7 days from the 
        time of authorization by the Attorney General, whichever is 
        earliest.
            ``(4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
            ``(5)(A) In the event that such application for approval is 
        denied, or in any other case where the physical search is 
        terminated and no order is issued approving the physical 
        search, no information obtained or evidence derived from such 
        physical search shall be received in evidence or otherwise 
        disclosed in any trial, hearing, or other proceeding in or 
        before any court, grand jury, department, office, agency, 
        regulatory body, legislative committee, or other authority of 
        the United States, a State, or political subdivision thereof, 
        and no information concerning any United States person acquired 
        from such physical search shall subsequently be used or 
        disclosed in any other manner by Federal officers or employees 
        without the consent of such person, except with the approval of 
        the Attorney General if the information indicates a threat of 
        death or serious bodily harm to any person.
            ``(B) The Attorney General shall assess compliance with the 
        requirements of subparagraph (A).''.
    (c) Conforming Amendments.--The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
            (1) in section 304(a)(4), as redesignated by subsection (b) 
        of this section, by striking ``303(a)(7)(E)'' and inserting 
        ``303(a)(6)(E)''; and
            (2) in section 305(k)(2), by striking ``303(a)(7)'' and 
        inserting ``303(a)(6)''.

SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS AND TRAP AND TRACE 
              DEVICES.

    Section 403 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1843) is amended--
            (1) in subsection (a)(2), by striking ``48 hours'' and 
        inserting ``7 days''; and
            (2) in subsection (c)(1)(C), by striking ``48 hours'' and 
        inserting ``7 days''.

SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    (a) Designation of Judges.--Subsection (a) of section 103 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
amended by inserting ``at least'' before ``seven of the United States 
judicial circuits''.
    (b) En Banc Authority.--
            (1) In general.--Subsection (a) of section 103 of the 
        Foreign Intelligence Surveillance Act of 1978, as amended by 
        subsection (a) of this section, is further amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2)(A) The court established under this subsection, on its own 
initiative or upon the request of the Government in any proceeding or a 
party under section 501(f) or paragraph (4) or (5) of section 703(h), 
may hold a hearing or rehearing, en banc, when ordered by a majority of 
the judges that constitute such court upon a determination that--
            ``(i) en banc consideration is necessary to secure or 
        maintain uniformity of the court's decisions; or
            ``(ii) the proceeding involves a question of exceptional 
        importance.
    ``(B) Any authority granted by this Act to a judge of the court 
established under this subsection may be exercised by the court en 
banc. When exercising such authority, the court en banc shall comply 
with any requirements of this Act on the exercise of such authority.
    ``(C) For purposes of this paragraph, the court en banc shall 
consist of all judges who constitute the court established under this 
subsection.''.
            (2) Conforming amendments.--The Foreign Intelligence 
        Surveillance Act of 1978 is further amended--
                    (A) in subsection (a) of section 103, as amended by 
                this subsection, by inserting ``(except when sitting en 
                banc under paragraph (2))'' after ``no judge designated 
                under this subsection''; and
                    (B) in section 302(c) (50 U.S.C. 1822(c)), by 
                inserting ``(except when sitting en banc)'' after 
                ``except that no judge''.
    (c) Stay or Modification During an Appeal.--Section 103 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f)(1) A judge of the court established under subsection (a), the 
court established under subsection (b) or a judge of that court, or the 
Supreme Court of the United States or a justice of that court, may, in 
accordance with the rules of their respective courts, enter a stay of 
an order or an order modifying an order of the court established under 
subsection (a) or the court established under subsection (b) entered 
under any title of this Act, while the court established under 
subsection (a) conducts a rehearing, while an appeal is pending to the 
court established under subsection (b), or while a petition of 
certiorari is pending in the Supreme Court of the United States, or 
during the pendency of any review by that court.
    ``(2) The authority described in paragraph (1) shall apply to an 
order entered under any provision of this Act.''.
    (d) Authority of Foreign Intelligence Surveillance Court.--Section 
103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803), as amended by this Act, is further amended by adding at the end 
the following:
    ``(i) Nothing in this Act shall be construed to reduce or 
contravene the inherent authority of the court established by 
subsection (a) to determine or enforce compliance with an order or a 
rule of such court or with a procedure approved by such court.''.

SEC. 110. INSPECTOR GENERAL REVIEW OF PREVIOUS ACTIONS.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence and the 
                Committee on the Judiciary of the Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                and the Committee on the Judiciary of the House of 
                Representatives.
            (2) Foreign intelligence surveillance court.--The term 
        ``Foreign Intelligence Surveillance Court'' means the court 
        established by section 103(a) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803(a)).
            (3) President's surveillance program and program.--The 
        terms ``President's Surveillance Program'' and ``Program'' mean 
        the intelligence activity involving communications that was 
        authorized by the President during the period beginning on 
        September 11, 2001, and ending on January 17, 2007, including 
        the program referred to by the President in a radio address on 
        December 17, 2005 (commonly known as the Terrorist Surveillance 
        Program).
    (b) Reviews.--
            (1) Requirement to conduct.--The Inspectors General of the 
        Department of Justice, the Office of the Director of National 
        Intelligence, the National Security Agency, and any other 
        element of the intelligence community that participated in the 
        President's Surveillance Program shall complete a comprehensive 
        review of, with respect to the oversight authority and 
        responsibility of each such Inspector General--
                    (A) all of the facts necessary to describe the 
                establishment, implementation, product, and use of the 
                product of the Program;
                    (B) the procedures and substance of, and access to, 
                the legal reviews of the Program;
                    (C) communications with and participation of 
                individuals and entities in the private sector related 
                to the Program;
                    (D) interaction with the Foreign Intelligence 
                Surveillance Court and transition to court orders 
                related to the Program; and
                    (E) any other matters identified by any such 
                Inspector General that would enable that Inspector 
                General to complete a review of the Program, with 
                respect to such Department or element.
            (2) Cooperation and coordination.--
                    (A) Cooperation.--Each Inspector General required 
                to conduct a review under paragraph (1) shall--
                            (i) work in conjunction, to the extent 
                        practicable, with any other Inspector General 
                        required to conduct such a review; and
                            (ii) utilize, to the extent practicable, 
                        and not unnecessarily duplicate or delay such 
                        reviews or audits that have been completed or 
                        are being undertaken by any such Inspector 
                        General or by any other office of the Executive 
                        Branch related to the Program.
                    (B) Coordination.--The Inspectors General shall 
                designate one of the Inspectors General required to 
                conduct a review under paragraph (1) that is appointed 
                by the President, by and with the advice and consent of 
                the Senate, to coordinate the conduct of the reviews 
                and the preparation of the reports.
    (c) Reports.--
            (1) Preliminary reports.--Not later than 60 days after the 
        date of the enactment of this Act, the Inspectors General of 
        the Department of Justice, the Office of the Director of 
        National Intelligence, the National Security Agency, and any 
        other Inspector General required to conduct a review under 
        subsection (b)(1) shall submit to the appropriate committees of 
        Congress an interim report that describes the planned scope of 
        such review.
            (2) Final report.--Not later than 1 year after the date of 
        the enactment of this Act, the Inspectors General of the 
        Department of Justice, the Office of the Director of National 
        Intelligence, the National Security Agency, and any other 
        Inspector General required to conduct a review under subsection 
        (b)(1) shall submit to the appropriate committees of Congress 
        and the Commission established under section 301(a) a 
        comprehensive report on such reviews that includes any 
        recommendations of any such Inspectors General within the 
        oversight authority and responsibility of any such Inspector 
        General.
            (3) Form.--A report submitted under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex. The unclassified report shall not disclose the name or 
        identity of any individual or entity of the private sector that 
        participated in the Program or with whom there was 
        communication about the Program, to the extent that information 
        is classified.
    (d) Resources.--
            (1) Expedited security clearance.--The Director of National 
        Intelligence shall ensure that the process for the 
        investigation and adjudication of an application by an 
        Inspector General or any appropriate staff of an Inspector 
        General for a security clearance necessary for the conduct of 
        the review under subsection (b)(1) is carried out as 
        expeditiously as possible.
            (2) Additional personnel for the inspectors general.--An 
        Inspector General required to conduct a review under subsection 
        (b)(1) and submit a report under subsection (c) is authorized 
        to hire such additional personnel as may be necessary to carry 
        out such review and prepare such report in a prompt and timely 
        manner. Personnel authorized to be hired under this paragraph--
                    (A) shall perform such duties relating to such a 
                review as the relevant Inspector General shall direct; 
                and
                    (B) are in addition to any other personnel 
                authorized by law.

SEC. 111. WEAPONS OF MASS DESTRUCTION.

    (a) Definitions.--
            (1) Foreign power.--Subsection (a) of section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(a)) is amended--
                    (A) in paragraph (5), by striking ``persons; or'' 
                and inserting ``persons;'';
                    (B) in paragraph (6), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) an entity not substantially composed of United States 
        persons that is engaged in the international proliferation of 
        weapons of mass destruction.''.
            (2) Agent of a foreign power.--Subsection (b)(1) of such 
        section 101 is amended--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(D) engages in the international proliferation of 
                weapons of mass destruction, or activities in 
                preparation therefor; or''.
            (3) Foreign intelligence information.--Subsection (e)(1)(B) 
        of such section 101 is amended by striking ``sabotage or 
        international terrorism'' and inserting ``sabotage, 
        international terrorism, or the international proliferation of 
        weapons of mass destruction''.
            (4) Weapon of mass destruction.--Such section 101 is 
        amended by adding at the end the following new subsection:
    ``(p) `Weapon of mass destruction' means--
            ``(1) any explosive, incendiary, or poison gas device that 
        is intended or has the capability to cause a mass casualty 
        incident;
            ``(2) any weapon that is designed or intended to cause 
        death or serious bodily injury to a significant number of 
        persons through the release, dissemination, or impact of toxic 
        or poisonous chemicals or their precursors;
            ``(3) any weapon involving a biological agent, toxin, or 
        vector (as such terms are defined in section 178 of title 18, 
        United States Code) that is designed, intended, or has the 
        capability of causing death, illness, or serious bodily injury 
        to a significant number of persons; or
            ``(4) any weapon that is designed, intended, or has the 
        capability of releasing radiation or radioactivity causing 
        death, illness, or serious bodily injury to a significant 
        number of persons.''.
    (b) Use of Information.--
            (1) In general.--Section 106(k)(1)(B) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(k)(1)(B)) 
        is amended by striking ``sabotage or international terrorism'' 
        and inserting ``sabotage, international terrorism, or the 
        international proliferation of weapons of mass destruction''.
            (2) Physical searches.--Section 305(k)(1)(B) of such Act 
        (50 U.S.C. 1825(k)(1)(B)) is amended by striking ``sabotage or 
        international terrorism'' and inserting ``sabotage, 
        international terrorism, or the international proliferation of 
        weapons of mass destruction''.
    (c) Technical and Conforming Amendment.--Section 301(1) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(1)) is 
amended by inserting ``weapon of mass destruction ,'' after 
``person,''.

SEC. 112. STATUTE OF LIMITATIONS.

    (a) In General.--Section 109 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1809) is amended by adding at the 
end the following new subsection:
    ``(e) Statute of Limitations.--No person shall be prosecuted, 
tried, or punished for any offense under this section unless the 
indictment is found or the information is instituted not later than 10 
years after the commission of the offense.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any offense committed before the date of the enactment of this Act 
if the statute of limitations applicable to that offense has not run as 
of such date.

        TITLE II--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

SEC. 201. STATUTORY DEFENSES.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is amended by adding after title VII the following:

      ``TITLE VIII--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

``SEC. 801. DEFINITIONS.

    ``In this title:
            ``(1) Assistance.--The term `assistance' means the 
        provision of, or the provision of access to, information 
        (including communication contents, communications records, or 
        other information relating to a customer or communication), 
        facilities, or another form of assistance.
            ``(2) Attorney general.--The term `Attorney General' has 
        the meaning given that term in section 101(g).
            ``(3) Contents.--The term `contents' has the meaning given 
        that term in section 101(n).
            ``(4) Covered civil action.--The term `covered civil 
        action' means a suit in Federal or State court against any 
        person for providing assistance to an element of the 
        intelligence community.
            ``(5) Electronic communication service provider.--The term 
        `electronic communication service provider' means--
                    ``(A) a telecommunications carrier, as that term is 
                defined in section 3 of the Communications Act of 1934 
                (47 U.S.C. 153);
                    ``(B) a provider of electronic communication 
                service, as that term is defined in section 2510 of 
                title 18, United States Code;
                    ``(C) a provider of a remote computing service, as 
                that term is defined in section 2711 of title 18, 
                United States Code;
                    ``(D) any other communication service provider who 
                has access to wire or electronic communications either 
                as such communications are transmitted or as such 
                communications are stored;
                    ``(E) a parent, subsidiary, affiliate, successor, 
                or assignee of an entity described in subparagraph (A), 
                (B), (C), or (D); or
                    ``(F) an officer, employee, or agent of an entity 
                described in subparagraph (A), (B), (C), (D), or (E).
            ``(6) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            ``(7) Person.--The term `person' means--
                    ``(A) an electronic communication service provider; 
                or
                    ``(B) a landlord, custodian, or other person who 
                may be authorized or required to furnish assistance 
                pursuant to--
                            ``(i) an order of the court established 
                        under section 103(a) directing such assistance;
                            ``(ii) a certification in writing under 
                        section 2511(2)(a)(ii)(B) or 2709(b) of title 
                        18, United States Code; or
                            ``(iii) a directive under section 
                        102(a)(4), 105B(e), as added by section 2 of 
                        the Protect America Act of 2007 (Public Law 
                        110-55), or 703(h).
            ``(8) State.--The term `State' means any State, political 
        subdivision of a State, the Commonwealth of Puerto Rico, the 
        District of Columbia, and any territory or possession of the 
        United States, and includes any officer, public utility 
        commission, or other body authorized to regulate an electronic 
        communication service provider.

``SEC. 802. PROCEDURES FOR COVERED CIVIL ACTIONS.

    ``(a) Intervention by Government.-- In any covered civil action, 
the court shall permit the Government to intervene. Whether or not the 
Government intervenes in the civil action, the Attorney General may 
submit any information in any form the Attorney General determines is 
appropriate and the court shall consider all such submissions.
    ``(b) Factual and Legal Determinations.--In any covered civil 
action, any party may submit to the court evidence, briefs, arguments, 
or other information on any matter with respect to which a privilege 
based on state secrets is asserted. The court shall review any such 
submission in accordance with the procedures set forth in section 
106(f) and may, based on the review, make any appropriate determination 
of fact or law. The court may, on motion of the Attorney General, take 
any additional actions the court deems necessary to protect classified 
information. The court may, to the extent practicable and consistent 
with national security, request that any party present briefs and 
arguments on any legal question the court determines is raised by such 
a submission even if that party does not have full access to the 
submission. The court shall consider whether the employment of a 
special master or an expert witness, or both, would facilitate 
proceedings under this section.
    ``(c) Location of Review.--The court may conduct the review in a 
location and facility specified by the Attorney General as necessary to 
ensure security.
    ``(d) Removal.--A covered civil action that is brought in a State 
court shall be deemed to arise under the Constitution and laws of the 
United States and shall be removable under section 1441 of title 28, 
United States Code.
    ``(e) Special Rule for Certain Cases.--For any covered civil action 
alleging that a person provided assistance to an element of the 
intelligence community pursuant to a request or directive during the 
period from September 11, 2001 through January 17, 2007, the Attorney 
General shall provide to the court any request or directive related to 
the allegations under the procedures set forth in subsection (b).
    ``(f) Applicability.--This section shall apply to a civil action 
pending on or filed after the date of the enactment of this Act.''.

SEC. 202. TECHNICAL AMENDMENTS.

    The table of contents in the first section of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by adding at the end the following:

      ``TITLE VIII-PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

``Sec. 801. Definitions
``Sec. 802. Procedures for covered civil actions.''.

TITLE III--COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES

SEC. 301. COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES.

    (a) Establishment of Commission.--There is established in the 
legislative branch a commission to be known as the ``Commission on 
Warrantless Electronic Surveillance Activities'' (in this section 
referred to as the ``Commission'').
    (b) Duties of Commission.--
            (1) In general.--The Commission shall--
                    (A) ascertain, evaluate, and report upon the facts 
                and circumstances relating to electronic surveillance 
                activities conducted without a warrant between 
                September 11, 2001 and January 17, 2007;
                    (B) evaluate the lawfulness of such activities;
                    (C) examine all programs and activities relating to 
                intelligence collection inside the United States or 
                regarding United States persons that were in effect or 
                operation on September 11, 2001, and all such programs 
                and activities undertaken since that date, including 
                the legal framework or justification for those 
                activities; and
                    (D) report to the President and Congress the 
                findings and conclusions of the Commission and any 
                recommendations the Commission considers appropriate.
            (2) Protection of national security.--The Commission shall 
        carry out the duties of the Commission under this section in a 
        manner consistent with the need to protect national security.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 5 members shall be appointed jointly by the 
                majority leader of the Senate and the Speaker of the 
                House of Representatives; and
                    (B) 4 members shall be appointed jointly by the 
                minority leader of the Senate and the minority leader 
                of the House of Representatives.
            (2) Qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be prominent 
        United States citizens with significant depth of experience in 
        national security, Constitutional law, and civil liberties.
            (3) Chair; vice chair.--
                    (A) Chair.--The Chair of the Commission shall be 
                jointly appointed by the majority leader of the Senate 
                and the Speaker of the House of Representatives from 
                among the members appointed under paragraph (1)(A).
                    (B) Vice chair.--The Vice Chair of the Commission 
                shall be jointly appointed by the minority leader of 
                the Senate and the minority leader of the House of 
                Representatives from among the members appointed under 
                paragraph (1)(B).
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than 90 days after the 
        date of the enactment of this Act.
            (5) Initial meeting.--The Commission shall hold its first 
        meeting and begin operations not later than 45 days after the 
        date on which a majority of its members have been appointed.
            (6) Subsequent meetings.--After its initial meeting, the 
        Commission shall meet upon the call of the Chair.
            (7) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number may hold 
        hearings.
            (8) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers and shall be filled in the same manner in 
        which the original appointment was made.
    (d) Powers of Commission.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Chair, any subcommittee or member thereof may, 
        for the purpose of carrying out this section, hold such 
        hearings and sit and act at such times and places, take such 
        testimony, receive such evidence, and administer such oaths as 
        the Commission, such designated subcommittee, or designated 
        member may determine advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--The Commission may issue 
                        subpoenas requiring the attendance and 
                        testimony of witnesses and the production of 
                        any evidence relating to any matter that the 
                        Commission is empowered to investigate under 
                        this section. The attendance of witnesses and 
                        the production of evidence may be required from 
                        any place within the United States at any 
                        designated place of hearing within the United 
                        States.
                            (ii) Signature.--Subpoenas issued under 
                        this paragraph may be issued under the 
                        signature of the Chair of the Commission, the 
                        chair of any subcommittee created by a majority 
                        of the Commission, or any member designated by 
                        a majority of the Commission and may be served 
                        by any person designated by such Chair, 
                        subcommittee chair, or member.
                    (B) Enforcement.--
                            (i) In general.--If a person refuses to 
                        obey a subpoena issued under subparagraph (A), 
                        the Commission may apply to a United States 
                        district court for an order requiring that 
                        person to appear before the Commission to give 
                        testimony, produce evidence, or both, relating 
                        to the matter under investigation. The 
                        application may be made within the judicial 
                        district where the hearing is conducted or 
                        where that person is found, resides, or 
                        transacts business. Any failure to obey the 
                        order of the court may be punished by the court 
                        as civil contempt.
                            (ii) Jurisdiction.--In the case of 
                        contumacy or failure to obey a subpoena issued 
                        under subparagraph (A), the United States 
                        district court for the judicial district in 
                        which the subpoenaed person resides, is served, 
                        or may be found, or where the subpoena is 
                        returnable, may issue an order requiring such 
                        person to appear at any designated place to 
                        testify or to produce documentary or other 
                        evidence. Any failure to obey the order of the 
                        court may be punished by the court as a 
                        contempt of that court.
                            (iii) Additional enforcement.--In the case 
                        of the failure of a witness to comply with any 
                        subpoena or to testify when summoned under 
                        authority of this paragraph, the Commission, by 
                        majority vote, may certify a statement of fact 
                        attesting to such failure to the appropriate 
                        United States attorney, who shall bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
            (3) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriations Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this section.
            (4) Information from federal agencies.--
                    (A) In general.--The Commission is authorized to 
                secure directly from any executive department, bureau, 
                agency, board, commission, office, independent 
                establishment, or instrumentality of the Government 
                documents, information, suggestions, estimates, and 
                statistics for the purposes of this section. Each 
                department, bureau, agency, board, commission, office, 
                independent establishment, or instrumentality shall 
                furnish such documents, information, suggestions, 
                estimates, and statistics directly to the Commission 
                upon request made by the Chair, the chair of any 
                subcommittee created by a majority of the Commission, 
                or any member designated by a majority of the 
                Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Information shall only be received, 
                handled, stored, and disseminated by members of the 
                Commission and its staff in a manner consistent with 
                all applicable statutes, regulations, and Executive 
                orders.
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis administrative 
                support and other services for the performance of the 
                Commission's functions.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), 
                departments and agencies of the United States may 
                provide to the Commission such services, funds, 
                facilities, staff, and other support services as they 
                may determine advisable and as may be authorized by 
                law.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
            (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (e) Staff of Commission.--
            (1) In general.--
                    (A) Appointment and compensation.--The Chair, in 
                consultation with Vice Chair and in accordance with 
                rules agreed upon by the Commission, may appoint and 
                fix the compensation of an executive director and such 
                other personnel as may be necessary to enable the 
                Commission to carry out its functions, without regard 
                to the provisions of title 5, United States Code, 
                governing appointments in the competitive service, and 
                without regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of such title relating to 
                classification and General Schedule pay rates, except 
                that no rate of pay fixed under this paragraph may 
                exceed the equivalent of that payable for a position at 
                level V of the Executive Schedule under section 5316 of 
                title 5, United States Code.
                    (B) Personnel as federal employees.--
                            (i) In general.--The executive director and 
                        any personnel of the Commission who are 
                        employees shall be employees under section 2105 
                        of title 5, United States Code, for purposes of 
                        chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, 
                        and 90 of that title.
                            (ii) Members of commission.--Clause (i) 
                        shall not be construed to apply to members of 
                        the Commission.
            (2) Detailees.--A Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and such detailee shall retain the rights, status, 
        and privileges of his or her regular employment without 
        interruption.
            (3) Consultant services.--The Commission is authorized to 
        procure the services of experts and consultants in accordance 
        with section 3109 of title 5, United States Code, at rates not 
        to exceed the daily rate paid a person occupying a position at 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code.
    (f) Security Clearances for Commission Members and Staff.--
            (1) Expeditious provision of clearances.--The appropriate 
        Federal agencies or departments shall cooperate with the 
        Commission in expeditiously providing to the Commission members 
        and staff appropriate security clearances to the extent 
        possible pursuant to existing procedures and requirements, 
        except that no person shall be provided with access to 
        classified information under this section without the 
        appropriate security clearances.
            (2) Access to classified information.--All members of the 
        Commission and commission staff, as authorized by the Chair or 
        the designee of the Chair, who have obtained appropriate 
        security clearances, shall have access to classified 
        information related to the surveillance activities within the 
        scope of the examination of the Commission and any other 
        related classified information that the members of the 
        Commission determine relevant to carrying out the duties of the 
        Commission under this section.
            (3) Facilities and resources.--The Director of National 
        Intelligence shall provide the Commission with appropriate 
        space and technical facilities approved by the Commission.
    (g) Compensation and Travel Expenses.--
            (1) Compensation.--Each member of the Commission may be 
        compensated at a rate not to exceed the daily equivalent of the 
        annual rate of basic pay in effect for a position at level IV 
        of the Executive Schedule under section 5315 of title 5, United 
        States Code, for each day during which that member is engaged 
        in the actual performance of the duties of the Commission.
            (2) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703(b) 
        of title 5, United States Code.
    (h) Nonapplicability of Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Public meetings.--The Commission shall hold public 
        hearings and meetings to the extent appropriate.
            (3) Public hearings.--Any public hearings of the Commission 
        shall be conducted in a manner consistent with the protection 
        of information provided to or developed for or by the 
        Commission as required by any applicable statute, regulation, 
        or Executive order.
    (i) Reports and Recommendations of Commission.--
            (1) Interim reports.--The Commission may submit to the 
        President and Congress interim reports containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of Commission 
        members.
            (2) Final report.--Not later than one year after the date 
        of its first meeting, the Commission, in consultation with 
        appropriate representatives of the intelligence community, 
        shall submit to the President and Congress a final report 
        containing such information, analysis, findings, conclusions, 
        and recommendations as have been agreed to by a majority of 
        Commission members.
            (3) Form.--The reports submitted under paragraphs (1) and 
        (2) shall be submitted in unclassified form, but may include a 
        classified annex.
            (4) Recommendations for declassification.--The Commission 
        may make recommendations to the appropriate department or 
        agency of the Federal Government regarding the declassification 
        of documents or portions of documents.
    (j) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this section, shall terminate 60 days after the date on which 
        the final report is submitted under subsection (i)(2).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        report and disseminating the final report.
    (k) Definitions.--In this section:
            (1) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (2) United states person.--The term ``United States 
        person'' has the meaning given the term in section 101(i) of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(i)).
    (l) Funding.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out the activities of 
        the Commission under this section.
            (2) Duration of availability.--Amounts made available to 
        the Commission under paragraph (1) shall remain available until 
        the termination of the Commission.

                       TITLE IV--OTHER PROVISIONS

SEC. 401. SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or 
the application thereof to any person or circumstances is held invalid, 
the validity of the remainder of the Act, any such amendments, and of 
the application of such provisions to other persons and circumstances 
shall not be affected thereby.

SEC. 402. EFFECTIVE DATE.

    Except as provided in section 404, the amendments made by this Act 
shall take effect on the date of the enactment of this Act.

SEC. 403. REPEALS.

    (a) Repeal of Protect America Act of 2007 Provisions.--
            (1) Amendments to fisa.--
                    (A) In general.--Except as provided in section 404, 
                sections 105A, 105B, and 105C of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1805a, 
                1805b, and 1805c) are repealed.
                    (B) Technical and conforming amendments.--
                            (i) Table of contents.--The table of 
                        contents in the first section of the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1801 nt) is amended by striking the 
                        items relating to sections 105A, 105B, and 
                        105C.
                            (ii) Conforming amendments.--Except as 
                        provided in section 404, section 103(e) of the 
                        Foreign Intelligence Surveillance Act of 1978 
                        (50 U.S.C. 1803(e)) is amended--
                                    (I) in paragraph (1), by striking 
                                ``105B(h) or 501(f)(1)'' and inserting 
                                ``501(f)(1) or 702(h)(4)''; and
                                    (II) in paragraph (2), by striking 
                                ``105B(h) or 501(f)(1)'' and inserting 
                                ``501(f)(1) or 702(h)(4)''.
            (2) Reporting requirements.--Except as provided in section 
        404, section 4 of the Protect America Act of 2007 (Public Law 
        110-55; 121 Stat. 555) is repealed.
            (3) Transition procedures.--Except as provided in section 
        404, subsection (b) of section 6 of the Protect America Act of 
        2007 (Public Law 110-55; 121 Stat. 556) is repealed.
    (b) FISA Amendments Act of 2008.--
            (1) In general.--Except as provided in section 404, 
        effective December 31, 2009, title VII of the Foreign 
        Intelligence Surveillance Act of 1978, as amended by section 
        101(a), is repealed.
            (2) Technical and conforming amendments.--Effective 
        December 31, 2009--
                    (A) the table of contents in the first section of 
                such Act (50 U.S.C. 1801 nt) is amended by striking the 
                items related to title VII;
                    (B) except as provided in section 404, section 
                601(a)(1) of such Act (50 U.S.C. 1871(a)(1)) is amended 
                to read as such section read on the day before the date 
                of the enactment of this Act; and
                    (C) except as provided in section 404, section 
                2511(2)(a)(ii)(A) of title 18, United States Code, is 
                amended by striking ``or a court order pursuant to 
                section 704 of the Foreign Intelligence Surveillance 
                Act of 1978''.

SEC. 404. TRANSITION PROCEDURES.

    (a) Transition Procedures for Protect America Act of 2007 
Provisions.--
            (1) Continued effect of orders, authorizations, 
        directives.--Notwithstanding any other provision of law, any 
        order, authorization, or directive issued or made pursuant to 
        section 105B of the Foreign Intelligence Surveillance Act of 
        1978, as added by section 2 of the Protect America Act of 2007 
        (Public Law 110-55; 121 Stat. 552), shall continue in effect 
        until the expiration of such order, authorization, or 
        directive.
            (2) Applicability of protect america act of 2007 to 
        continued orders, authorizations, directives.--Notwithstanding 
        any other provision of this Act or of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)--
                    (A) subject to paragraph (3), section 105A of such 
                Act, as added by section 2 of the Protect America Act 
                of 2007 (Public Law 110-55; 121 Stat. 552), shall 
                continue to apply to any acquisition conducted pursuant 
                to an order, authorization, or directive referred to in 
                paragraph (1); and
                    (B) sections 105B and 105C of such Act (as so 
                added) shall continue to apply with respect to an 
                order, authorization, or directive referred to in 
                paragraph (1) until the expiration of such order, 
                authorization, or directive.
            (3) Use of information.--Information acquired from an 
        acquisition conducted pursuant to an order, authorization, or 
        directive referred to in paragraph (1) shall be deemed to be 
        information acquired from an electronic surveillance pursuant 
        to title I of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.) for purposes of section 106 of such 
        Act (50 U.S.C. 1806).
            (4) Protection from liability.--Subsection (l) of section 
        105B of the Foreign Intelligence Surveillance Act of 1978, as 
        added by section 2 of the Protect America Act of 2007, shall 
        continue to apply with respect to any directives issued 
        pursuant to such section 105B.
            (5) Jurisdiction of foreign intelligence surveillance 
        court.--Notwithstanding any other provision of this Act or of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801 et seq.), section 103(e), as amended by section 5(a) of 
        the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 
        556), shall continue to apply with respect to a directive 
        issued pursuant to section 105B of the Foreign Intelligence 
        Surveillance Act of 1978, as added by section 2 of the Protect 
        America Act of 2007, until the expiration of all orders, 
        authorizations, and directives issued or made pursuant to such 
        section.
            (6) Reporting requirements.--
                    (A) Continued applicability.--Notwithstanding any 
                other provision of this Act, the Protect America Act of 
                2007 (Public Law 110-55), or the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
                section 4 of the Protect America Act of 2007 shall 
                continue to apply until the date that the certification 
                described in subparagraph (B) is submitted.
                    (B) Certification.--The certification described in 
                this subparagraph is a certification--
                            (i) made by the Attorney General;
                            (ii) submitted as part of a semi-annual 
                        report required by section 4 of the Protect 
                        America Act of 2007;
                            (iii) that states that there will be no 
                        further acquisitions carried out under section 
                        105B of the Foreign Intelligence Surveillance 
                        Act of 1978, as added by section 2 of the 
                        Protect America Act of 2007, after the date of 
                        such certification; and
                            (iv) that states that the information 
                        required to be included under such section 4 
                        relating to any acquisition conducted under 
                        such section 105B has been included in a semi-
                        annual report required by such section 4.
            (7) Effective date.--Paragraphs (1) through (6) shall take 
        effect as if enacted on August 5, 2007.
    (b) Transition Procedures for FISA Amendments Act of 2008 
Provisions.--
            (1) Orders in effect on december 31, 2009.--Notwithstanding 
        any other provision of this Act or of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), any order, 
        authorization, or directive issued or made under title VII of 
        the Foreign Intelligence Surveillance Act of 1978, as amended 
        by section 101(a), shall continue in effect until the date of 
        the expiration of such order, authorization, or directive.
            (2) Applicability of title vii of fisa to continued orders, 
        authorizations, directives.--Notwithstanding any other 
        provision of this Act or of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), with respect 
        to any order, authorization, or directive referred to in 
        paragraph (1), title VII of such Act, as amended by section 
        101(a), shall continue to apply until the expiration of such 
        order, authorization, or directive.
            (3) Challenge of directives; protection from liability; use 
        of information.--Notwithstanding any other provision of this 
        Act or of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.)--
                    (A) section 103(e) of such Act, as amended by 
                section 113, shall continue to apply with respect to 
                any directive issued pursuant to section 702(h) of such 
                Act, as added by section 101(a);
                    (B) section 702(h)(3) of such Act (as so added) 
                shall continue to apply with respect to any directive 
                issued pursuant to section 702(h) of such Act (as so 
                added);
                    (C) section 703(e) of such Act (as so added) shall 
                continue to apply with respect to an order or request 
                for emergency assistance under that section;
                    (D) section 706 of such Act (as so added) shall 
                continue to apply to an acquisition conducted under 
                section 702 or 703 of such Act (as so added); and
                    (E) section 2511(2)(a)(ii)(A) of title 18, United 
                States Code, as amended by section 101(c)(1), shall 
                continue to apply to an order issued pursuant to 
                section 704 of the Foreign Intelligence Surveillance 
                Act of 1978, as added by section 101(a).
            (4) Reporting requirements.--
                    (A) Continued applicability.--Notwithstanding any 
                other provision of this Act or of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
                et seq.), section 601(a) of such Act (50 U.S.C. 
                1871(a)), as amended by section 101(c)(2), and sections 
                702(l) and 707 of such Act, as added by section 101(a), 
                shall continue to apply until the date that the 
                certification described in subparagraph (B) is 
                submitted.
                    (B) Certification.--The certification described in 
                this subparagraph is a certification--
                            (i) made by the Attorney General;
                            (ii) submitted to the Select Committee on 
                        Intelligence of the Senate, the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives, and the Committees on the 
                        Judiciary of the Senate and the House of 
                        Representatives;
                            (iii) that states that there will be no 
                        further acquisitions carried out under title 
                        VII of the Foreign Intelligence Surveillance 
                        Act of 1978, as amended by section 101(a), 
                        after the date of such certification; and
                            (iv) that states that the information 
                        required to be included in a review, 
                        assessment, or report under section 601 of such 
                        Act, as amended by section 101(c), or section 
                        702(l) or 707 of such Act, as added by section 
                        101(a), relating to any acquisition conducted 
                        under title VII of such Act, as amended by 
                        section 101(a), has been included in a review, 
                        assessment, or report under such section 601, 
                        702(l), or 707.
            (5) Transition procedures concerning the targeting of 
        united states persons overseas.--Any authorization in effect on 
        the date of enactment of this Act under section 2.5 of 
        Executive Order 12333 to intentionally target a United States 
        person reasonably believed to be located outside the United 
        States shall continue in effect, and shall constitute a 
        sufficient basis for conducting such an acquisition targeting a 
        United States person located outside the United States until 
        the earlier of--
                    (A) the date that such authorization expires; or
                    (B) the date that is 90 days after the date of the 
                enactment of this Act.

SEC. 405. NO RIGHTS UNDER THE FISA AMENDMENTS ACT OF 2008 FOR 
              UNDOCUMENTED ALIENS.

    This Act and the amendments made by this Act shall not be construed 
to prohibit surveillance of, or grant any rights to, an alien not 
permitted to be in or remain in the United States.

SEC. 406. SURVEILLANCE TO PROTECT THE UNITED STATES.

    This Act and the amendments made by this Act shall not be construed 
to prohibit the intelligence community (as defined in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 401a(4))) from conducting 
lawful surveillance that is necessary to--
            (1) prevent Osama Bin Laden, al Qaeda, or any other 
        terrorist or terrorist organization from attacking the United 
        States, any United States person, or any ally of the United 
        States;
            (2) ensure the safety and security of members of the United 
        States Armed Forces or any other officer or employee of the 
        Federal Government involved in protecting the national security 
        of the United States; or
            (3) protect the United States, any United States person, or 
        any ally of the United States from threats posed by weapons of 
        mass destruction or other threats to national security.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H.R. 3773

_______________________________________________________________________

                  HOUSE AMENDMENT TO SENATE AMENDMENT