[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6304 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 6304

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``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. Weapons of mass destruction.
  TITLE II--PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS

Sec. 201. Procedures for implementing statutory defenses under the 
                            Foreign Intelligence Surveillance Act of 
                            1978.
Sec. 202. Technical amendments.
                 TITLE III--REVIEW OF PREVIOUS ACTIONS

Sec. 301. Review of previous actions.
                       TITLE IV--OTHER PROVISIONS

Sec. 401. Severability.
Sec. 402. Effective date.
Sec. 403. Repeals.
Sec. 404. Transition procedures.

               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 at the end the following:

 ``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', `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 under 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 under 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, 
upon the issuance of an order in accordance with subsection (i)(3) or a 
determination under subsection (c)(2), 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 if the purpose 
        of such acquisition is 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.--
            ``(1) In general.--An acquisition authorized under 
        subsection (a) shall be conducted only in accordance with--
                    ``(A) the targeting and minimization procedures 
                adopted in accordance with subsections (d) and (e); and
                    ``(B) upon submission of a certification in 
                accordance with subsection (g), such certification.
            ``(2) Determination.--A determination under this paragraph 
        and for purposes of subsection (a) is a determination by the 
        Attorney General and the Director of National Intelligence that 
        exigent circumstances exist because, without immediate 
        implementation of an authorization under subsection (a), 
        intelligence important to the national security of the United 
        States may be lost or not timely acquired and time does not 
        permit the issuance of an order pursuant to subsection (i)(3) 
        prior to the implementation of such authorization.
            ``(3) Timing of determination.--The Attorney General and 
        the Director of National Intelligence may make the 
        determination under paragraph (2)--
                    ``(A) before the submission of a certification in 
                accordance with subsection (g); or
                    ``(B) by amending a certification pursuant to 
                subsection (i)(1)(C) at any time during which judicial 
                review under subsection (i) of such certification is 
                pending.
            ``(4) Construction.--Nothing in title I shall be construed 
        to require an application for a court order under such title 
        for an acquisition that is targeted in accordance with this 
        section at a person reasonably believed to be located outside 
        the United States.
    ``(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--
                    ``(A) ensure that any acquisition authorized under 
                subsection (a) is limited to targeting persons 
                reasonably believed to be located outside the United 
                States; and
                    ``(B) prevent 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 adopted in 
        accordance with 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 that meet the definition of 
        minimization procedures under section 101(h) or 301(4), as 
        appropriate, for acquisitions authorized under subsection (a).
            ``(2) Judicial review.--The minimization procedures adopted 
        in accordance with 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 for a court order is 
                filed as required by this Act.
            ``(2) Submission of guidelines.--The Attorney General shall 
        provide the guidelines adopted in accordance with paragraph (1) 
        to--
                    ``(A) the congressional intelligence committees;
                    ``(B) the Committees on the Judiciary of the Senate 
                and the House of Representatives; and
                    ``(C) the Foreign Intelligence Surveillance Court.
    ``(g) Certification.--
            ``(1) In general.--
                    ``(A) Requirement.--Subject to subparagraph (B), 
                prior to the implementation of an authorization under 
                subsection (a), the Attorney General and the Director 
                of National Intelligence shall provide to the Foreign 
                Intelligence Surveillance Court a written certification 
                and any supporting affidavit, under oath and under 
                seal, in accordance with this subsection.
                    ``(B) Exception.--If the Attorney General and the 
                Director of National Intelligence make a determination 
                under subsection (c)(2) and time does not permit the 
                submission of a certification under this subsection 
                prior to the implementation of an authorization under 
                subsection (a), the Attorney General and the Director 
                of National Intelligence shall submit to the Court a 
                certification for such authorization as soon as 
                practicable but in no event later than 7 days after 
                such determination is made.
            ``(2) Requirements.--A certification made under this 
        subsection shall--
                    ``(A) attest that--
                            ``(i) there are procedures in place that 
                        have been approved, have been submitted for 
                        approval, or will be submitted with the 
                        certification for approval by the Foreign 
                        Intelligence Surveillance Court that are 
                        reasonably designed to--
                                    ``(I) ensure that an acquisition 
                                authorized under subsection (a) is 
                                limited to targeting persons reasonably 
                                believed to be located outside the 
                                United States; and
                                    ``(II) prevent 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;
                            ``(ii) the minimization procedures to be 
                        used with respect to such acquisition--
                                    ``(I) meet the definition of 
                                minimization procedures under section 
                                101(h) or 301(4), as appropriate; and
                                    ``(II) have been approved, have 
                                been submitted for approval, or will be 
                                submitted with the certification for 
                                approval by the Foreign Intelligence 
                                Surveillance Court;
                            ``(iii) guidelines have been adopted in 
                        accordance with subsection (f) to ensure 
                        compliance with the limitations in subsection 
                        (b) and to ensure that an application for a 
                        court order is filed as required by this Act;
                            ``(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 
                        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) include the procedures adopted in accordance 
                with subsections (d) and (e);
                    ``(C) 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 advice and consent of the Senate; or
                            ``(ii) the head of an element of the 
                        intelligence community;
                    ``(D) include--
                            ``(i) an effective date for the 
                        authorization that is at least 30 days after 
                        the submission of the written certification to 
                        the court; or
                            ``(ii) if the acquisition has begun or the 
                        effective date is less than 30 days after the 
                        submission of the written certification to the 
                        court, the date the acquisition began or the 
                        effective date for the acquisition; and
                    ``(E) if the Attorney General and the Director of 
                National Intelligence make a determination under 
                subsection (c)(2), include a statement that such 
                determination has been made.
            ``(3) Change in effective date.--The Attorney General and 
        the Director of National Intelligence may advance or delay the 
        effective date referred to in paragraph (2)(D) by submitting an 
        amended certification in accordance with subsection (i)(1)(C) 
        to the Foreign Intelligence Surveillance Court for review 
        pursuant to subsection (i).
            ``(4) Limitation.--A certification made under this 
        subsection is not required to identify the specific facilities, 
        places, premises, or property at which an acquisition 
        authorized under subsection (a) will be directed or conducted.
            ``(5) Maintenance of certification.--The Attorney General 
        or a designee of the Attorney General shall maintain a copy of 
        a certification made under this subsection.
            ``(6) Review.--A certification submitted in accordance with 
        this subsection shall be subject to judicial review pursuant to 
        subsection (i).
    ``(h) Directives and Judicial Review of Directives.--
            ``(1) Authority.--With respect to an acquisition authorized 
        under subsection (a), 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 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 
        in accordance with a directive issued pursuant to paragraph 
        (1).
            ``(3) Release from liability.--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 file a petition to 
                modify or set aside such directive with the Foreign 
                Intelligence Surveillance Court, which shall have 
                jurisdiction to review such 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 under 
                section 103(e)(1) not later than 24 hours after the 
                filing of such petition.
                    ``(C) Standards for review.--A judge considering a 
                petition filed under subparagraph (A) 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 
                such petition does not consist of claims, defenses, or 
                other legal contentions that are warranted by existing 
                law or by a nonfrivolous argument for extending, 
                modifying, or reversing existing law or for 
                establishing new law, the judge shall immediately deny 
                such petition and affirm the directive or any part of 
                the directive that is the subject of such petition and 
                order the recipient to comply with the directive or any 
                part of it. Upon making a determination under this 
                subparagraph or promptly thereafter, the judge shall 
                provide a written statement for the record of the 
                reasons for such determination.
                    ``(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 such petition not later than 30 days after being 
                assigned such petition. If the judge does not set aside 
                the directive, the judge shall immediately affirm or 
                affirm with modifications 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 record 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 
                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 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 under 
                section 103(e)(1) not later than 24 hours after the 
                filing of such petition.
                    ``(C) Procedures for review.--A judge considering a 
                petition filed under subparagraph (A) shall, not later 
                than 30 days after being assigned such petition, issue 
                an order requiring the electronic communication service 
                provider to comply with the directive or any part of 
                it, as issued or as modified, 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 
                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 petition and shall provide a written statement for 
                the record of the reasons for a decision under this 
                subparagraph.
                    ``(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 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.
    ``(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 a 
                certification submitted in accordance with subsection 
                (g) and the targeting and minimization procedures 
                adopted in accordance with subsections (d) and (e), and 
                amendments to such certification or such procedures.
                    ``(B) Time period for review.--The Court shall 
                review a certification submitted in accordance with 
                subsection (g) and the targeting and minimization 
                procedures adopted in accordance with subsections (d) 
                and (e) and shall complete such review and issue an 
                order under paragraph (3) not later than 30 days after 
                the date on which such certification and such 
                procedures are submitted.
                    ``(C) Amendments.--The Attorney General and the 
                Director of National Intelligence may amend a 
                certification submitted in accordance with subsection 
                (g) or the targeting and minimization procedures 
                adopted in accordance with subsections (d) and (e) as 
                necessary at any time, including if the Court is 
                conducting or has completed review of such 
                certification or such procedures, and shall submit the 
                amended certification or amended procedures to the 
                Court not later than 7 days after amending such 
                certification or such procedures. The Court shall 
                review any amendment under this subparagraph under the 
                procedures set forth in this subsection. The Attorney 
                General and the Director of National Intelligence may 
                authorize the use of an amended certification or 
                amended procedures pending the Court's review of such 
                amended certification or amended procedures.
            ``(2) Review.--The Court shall review the following:
                    ``(A) Certification.--A certification submitted in 
                accordance with subsection (g) to determine whether the 
                certification contains all the required elements.
                    ``(B) Targeting procedures.--The targeting 
                procedures adopted in accordance with subsection (d) to 
                assess whether the procedures are reasonably designed 
                to--
                            ``(i) ensure that an acquisition authorized 
                        under subsection (a) is limited to targeting 
                        persons reasonably believed to be located 
                        outside the United States; and
                            ``(ii) prevent 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 adopted in accordance with subsection (e) to 
                assess whether such procedures meet the definition of 
                minimization procedures under section 101(h) or section 
                301(4), as appropriate.
            ``(3) Orders.--
                    ``(A) Approval.--If the Court finds that a 
                certification submitted in accordance with subsection 
                (g) contains all the required elements and that the 
                targeting and minimization procedures adopted in 
                accordance with 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, or continued use in the case 
                of an acquisition authorized pursuant to a 
                determination under subsection (c)(2), of the 
                procedures for the acquisition.
                    ``(B) Correction of deficiencies.--If the Court 
                finds that a certification submitted in accordance with 
                subsection (g) does not contain all the required 
                elements, or that the procedures adopted in accordance 
                with subsections (d) and (e) are not consistent with 
                the requirements of those subsections or the fourth 
                amendment to the Constitution of the United States, 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's order not later than 30 days after 
                        the date on which the Court issues the order; 
                        or
                            ``(ii) cease, or not begin, the 
                        implementation of the authorization for which 
                        such certification was submitted.
                    ``(C) Requirement for written statement.--In 
                support of an order under this subsection, the Court 
                shall provide, simultaneously with the order, for the 
                record a written statement of the reasons for the 
                order.
            ``(4) Appeal.--
                    ``(A) Appeal to the court of review.--The 
                Government may file a petition with the Foreign 
                Intelligence Surveillance Court of Review for review of 
                an order under this subsection. The Court of Review 
                shall have jurisdiction to consider such petition. For 
                any decision under this subparagraph 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 the 
                reasons for the decision.
                    ``(B) Continuation of acquisition pending rehearing 
                or appeal.--Any acquisition affected by an order under 
                paragraph (3)(B) may continue--
                            ``(i) during the pendency of any rehearing 
                        of the order by the Court en banc; and
                            ``(ii) if the Government files a petition 
                        for review of an order under this section, 
                        until the Court of Review enters an order under 
                        subparagraph (C).
                    ``(C) Implementation pending appeal.--Not later 
                than 60 days after the filing of a petition for review 
                of an order under paragraph (3)(B) 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 review.
                    ``(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) Reauthorization of authorizations in 
                effect.--If the Attorney General and the Director of 
                National Intelligence seek to reauthorize or replace an 
                authorization issued under subsection (a), the Attorney 
                General and the Director of National Intelligence 
                shall, to the extent practicable, submit to the Court 
                the certification prepared in accordance with 
                subsection (g) and the procedures adopted in accordance 
                with subsections (d) and (e) at least 30 days prior to 
                the expiration of such authorization.
                    ``(B) Reauthorization of orders, authorizations, 
                and directives.--If the Attorney General and the 
                Director of National Intelligence seek to reauthorize 
                or replace an authorization issued under subsection (a) 
                by filing a certification pursuant to subparagraph (A), 
                that authorization, and any directives issued 
                thereunder and any order related thereto, shall remain 
                in effect, notwithstanding the expiration provided for 
                in subsection (a), until the Court issues an order with 
                respect to such certification under paragraph (3) at 
                which time the provisions of that paragraph and 
                paragraph (4) shall apply with respect to such 
                certification.
    ``(j) Judicial Proceedings.--
            ``(1) Expedited judicial 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 as necessary for 
        good cause in a manner consistent with national security.
    ``(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, appeals, orders, and statements 
        of reasons for a 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 Attorney General and the 
        Director of National Intelligence shall retain a directive or 
        an order issued under this section for a period of not less 
        than 10 years from the date on which such directive or such 
        order is issued.
    ``(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 targeting and 
        minimization procedures adopted in accordance with subsections 
        (d) and (e) and the guidelines adopted in accordance with 
        subsection (f) and shall submit each assessment to--
                    ``(A) the Foreign Intelligence Surveillance Court; 
                and
                    ``(B) consistent with the Rules of the House of 
                Representatives, the Standing Rules of the Senate, and 
                Senate Resolution 400 of the 94th Congress or any 
                successor Senate resolution--
                            ``(i) the congressional intelligence 
                        committees; and
                            ``(ii) the Committees on the Judiciary of 
                        the House of Representatives and the Senate.
            ``(2) Agency assessment.--The Inspector General of the 
        Department of Justice and the Inspector General of each element 
        of the intelligence community authorized to acquire foreign 
        intelligence information under subsection (a), with respect to 
        the department or element of such Inspector General--
                    ``(A) are authorized to review compliance with the 
                targeting and minimization procedures adopted in 
                accordance with subsections (d) and (e) and the 
                guidelines adopted in accordance with subsection (f);
                    ``(B) with respect to acquisitions authorized under 
                subsection (a), shall review the number of 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 number of targets that 
                were later determined to be located in the United 
                States and, to the extent possible, whether 
                communications of such targets were reviewed; and
                    ``(D) shall provide each such review to--
                            ``(i) the Attorney General;
                            ``(ii) the Director of National 
                        Intelligence; and
                            ``(iii) consistent with the Rules of the 
                        House of Representatives, the Standing Rules of 
                        the Senate, and Senate Resolution 400 of the 
                        94th Congress or any successor Senate 
                        resolution--
                                    ``(I) the congressional 
                                intelligence committees; and
                                    ``(II) the Committees on the 
                                Judiciary of the House of 
                                Representatives and the Senate.
            ``(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 
                acquisitions authorized under subsection (a)--
                            ``(i) an accounting of the number of 
                        disseminated intelligence reports containing a 
                        reference to a United States-person identity;
                            ``(ii) an accounting of the number 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 
                        communications of such targets 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 and, as 
                appropriate, 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; and
                            ``(iv) consistent with the Rules of the 
                        House of Representatives, the Standing Rules of 
                        the Senate, and Senate Resolution 400 of the 
                        94th Congress or any successor Senate 
                        resolution--
                                    ``(I) the congressional 
                                intelligence committees; and
                                    ``(II) the Committees on the 
                                Judiciary of the House of 
                                Representatives and the Senate.

``SEC. 703. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TARGETING 
              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 to 
        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 effective period of an order issued 
        pursuant to subsection (c), an acquisition targeting such 
        United States person under this section shall cease unless the 
        targeted United States person is again reasonably believed to 
        be located outside the United States while an order issued 
        pursuant to subsection (c) is in effect. Nothing in this 
        section shall be construed to limit the authority of the 
        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) 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 meet the definition of minimization 
                procedures under section 101(h) or 301(4), as 
                appropriate;
                    ``(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) designates the type of foreign 
                        intelligence information being sought according 
                        to the categories described in 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 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 meet the 
                definition of minimization procedures under section 
                101(h) or 301(4), as appropriate; and
                    ``(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 the 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 under section 
                101(h) or 301(4), as appropriate, the judge shall enter 
                an order so stating and provide a written statement for 
                the record of the reasons for the 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 pursuant to 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 the 
                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) a summary of 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) Directives.--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) if applicable, 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) if applicable, 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) if applicable, 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 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.--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), respectively.
    ``(f) Appeal.--
            ``(1) Appeal to the foreign intelligence surveillance court 
        of review.--The Government may file a petition 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 petition 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.
    ``(g) Construction.--Except as provided in this section, nothing in 
this Act shall be construed to require an application for a court order 
for an acquisition that is targeted in accordance with this section at 
a United States 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 element of the intelligence community 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), respectively, or any other 
        provision of this Act.
            ``(3) Limitations.--
                    ``(A) Moving or misidentified targets.--If a United 
                States person targeted under this subsection is 
                reasonably believed to be located in the United States 
                during the effective period of an order issued pursuant 
                to subsection (c), an acquisition targeting such United 
                States person under this section shall cease unless the 
                targeted United States person is again reasonably 
                believed to be located outside the United States during 
                the effective period of such order.
                    ``(B) Applicability.--If an acquisition for foreign 
                intelligence purposes 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.
                    ``(C) Construction.--Nothing in this paragraph 
                shall be construed to limit the authority of the 
                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) 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 
        meet the definition of minimization procedures under section 
        101(h) or 301(4), as appropriate;
            ``(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, with 
                respect to their dissemination provisions, meet the 
                definition of minimization procedures under section 
                101(h) or 301(4), as appropriate; and
                    ``(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 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 to 
                issue an order under this subsection, 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 (e).
                    ``(C) Review of minimization procedures.--If the 
                judge determines that the minimization procedures 
                applicable to dissemination of information obtained 
                through an acquisition under this subsection do not 
                meet the definition of minimization procedures under 
                section 101(h) or 301(4), as appropriate, 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 (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 subparagraph 
                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 can, 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 the emergency 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), an emergency 
        acquisition 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 to 
        the Court pursuant to paragraph (1) is denied, or in any other 
        case where the acquisition 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 a petition 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 petition 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 704 is proposed to be 
conducted both inside and outside the United States, a judge having 
jurisdiction under section 703(a)(1) or 704(a)(1) may issue 
simultaneously, upon the request of the Government in a joint 
application complying with the requirements of sections 703(b) and 
704(b), orders under sections 703(c) and 704(c), as appropriate.
    ``(b) Concurrent Authorization.--If an order authorizing electronic 
surveillance or physical search has been obtained under section 105 or 
304, the Attorney General may authorize, for the effective period of 
that order, without an order under section 703 or 704, the targeting of 
that United States person for the purpose of acquiring foreign 
intelligence information while such person is reasonably believed to be 
located outside the United States.

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

    ``(a) Information Acquired Under Section 702.--Information acquired 
from an acquisition conducted under section 702 shall be deemed to be 
information acquired from an electronic surveillance pursuant to title 
I for purposes of section 106, except for the purposes of subsection 
(j) of such section.
    ``(b) Information Acquired Under Section 703.--Information acquired 
from an acquisition conducted under section 703 shall be deemed to be 
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, consistent with the Rules of the House of 
Representatives, the Standing Rules of the Senate, and Senate 
Resolution 400 of the 94th Congress or any successor Senate resolution, 
concerning the implementation of this title.
    ``(b) Content.--Each report under subsection (a) shall include--
            ``(1) with respect to section 702--
                    ``(A) any certifications submitted in accordance 
                with section 702(g) during the reporting period;
                    ``(B) with respect to each determination under 
                section 702(c)(2), the reasons for exercising the 
                authority under such section;
                    ``(C) any directives issued under section 702(h) 
                during the reporting period;
                    ``(D) a description of the judicial review during 
                the reporting period of such certifications and 
                targeting and minimization procedures adopted in 
                accordance with subsections (d) and (e) of section 702 
                and utilized with respect to an acquisition under such 
                section, including a copy of an 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 section 
                702(a);
                    ``(G) a description of any incidents of 
                noncompliance--
                            ``(i) with a directive issued by the 
                        Attorney General and the Director of National 
                        Intelligence under section 702(h), including 
                        incidents of noncompliance by a specified 
                        person to whom the Attorney General and 
                        Director of National Intelligence issued a 
                        directive under section 702(h); and
                            ``(ii) by an element of the intelligence 
                        community with procedures and guidelines 
                        adopted in accordance with subsections (d), 
                        (e), and (f) of section 702; 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; and
                            ``(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 section 704(b);
                    ``(B) the total number of such orders--
                            ``(i) granted;
                            ``(ii) modified; and
                            ``(iii) denied; and
                    ``(C) the total number of emergency acquisitions 
                authorized by the Attorney General under section 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 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 targeting 
                            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 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 each 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 under section 103(a).
            ``(2) Foreign intelligence surveillance court of review.--
        The term `Foreign Intelligence Surveillance Court of Review' 
        means the court established under 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 (6), as redesignated by 
                subparagraph (B) of this paragraph, in the matter 
                preceding subparagraph (A)--
                            (i) by striking ``Affairs or'' and 
                        inserting ``Affairs,''; and
                            (ii) by striking ``Senate--'' and inserting 
                        ``Senate, or the Deputy Director of the Federal 
                        Bureau of Investigation, if designated by the 
                        President as a certifying official--'';
                    (E) in paragraph (7), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``statement of'' and inserting ``summary statement 
                of'';
                    (F) in paragraph (8), as redesignated by 
                subparagraph (B) of this paragraph, by adding ``and'' 
                at the end; and
                    (G) 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.

    (a) In General.--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).''.
    (b) Conforming Amendment.--Section 108(a)(2)(C) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) is 
amended by striking ``105(f)'' and inserting ``105(e)'';

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'';
                    (D) in paragraph (3)(C), as redesignated by 
                subparagraph (B) of this paragraph, by inserting ``or 
                is about to be'' before ``owned''; and
                    (E) in paragraph (6), as redesignated by 
                subparagraph (B) of this paragraph, in the matter 
                preceding subparagraph (A)--
                            (i) by striking ``Affairs or'' and 
                        inserting ``Affairs,''; and
                            (ii) by striking ``Senate--'' and inserting 
                        ``Senate, or the Deputy Director of the Federal 
                        Bureau of Investigation, if designated by the 
                        President as a certifying official--''; 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);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
                    (C) in paragraph (2)(B), as redesignated by 
                subparagraph (B) of this paragraph, by inserting ``or 
                is about to be'' before ``owned''; 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) 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.
    ``(6) The Attorney General shall assess compliance with the 
requirements of paragraph (5).''.
    (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 may, 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 
702(h), 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 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 under 
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. 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;
                    (B) in subparagraph (C), by striking ``or'' at the 
                end; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(D) engages in the international proliferation of 
                weapons of mass destruction, or activities in 
                preparation therefor; or
                    ``(E) engages in the international proliferation of 
                weapons of mass destruction, or activities in 
                preparation therefor for or on behalf of a foreign 
                power; or''.
            (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 designed, intended, or has the capability to cause a mass 
        casualty incident;
            ``(2) any weapon that is designed, intended, or has the 
        capability 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 to cause death, illness, or serious bodily injury to 
        a significant number of persons; or
            ``(4) any weapon that is designed, intended, or has the 
        capability to release 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 Amendments.--The Foreign Intelligence 
Surveillance Act of 1978 is further amended--
            (1) in paragraph (2) of section 105(d) (50 U.S.C. 1805(d)), 
        as redesignated by section 105(a)(5) of this Act, by striking 
        ``section 101(a) (5) or (6)'' and inserting ``paragraph (5), 
        (6), or (7) of section 101(a)'';
            (2) in section 301(1) (50 U.S.C. 1821(1)), by inserting 
        ``weapon of mass destruction,'' after ``person,''; and
            (3) in section 304(d)(2) (50 U.S.C. 1824(d)(2)), by 
        striking ``section 101(a) (5) or (6)'' and inserting 
        ``paragraph (5), (6), or (7) of section 101(a)''.

  TITLE II--PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS

SEC. 201. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES UNDER THE 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.), as amended by section 101, is further amended by adding at 
the end the following new title:

      ``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) Civil action.--The term `civil action' includes a 
        covered civil action.
            ``(3) 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.
            ``(4) Contents.--The term `contents' has the meaning given 
        that term in section 101(n).
            ``(5) Covered civil action.--The term `covered civil 
        action' means a civil action filed in a Federal or State court 
        that--
                    ``(A) alleges that an electronic communication 
                service provider furnished assistance to an element of 
                the intelligence community; and
                    ``(B) seeks monetary or other relief from the 
                electronic communication service provider related to 
                the provision of such assistance.
            ``(6) 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).
            ``(7) 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)).
            ``(8) 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 702(h).
            ``(9) 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 IMPLEMENTING STATUTORY DEFENSES.

    ``(a) Requirement for Certification.--Notwithstanding any other 
provision of law, a civil action may not lie or be maintained in a 
Federal or State court against any person for providing assistance to 
an element of the intelligence community, and shall be promptly 
dismissed, if the Attorney General certifies to the district court of 
the United States in which such action is pending that--
            ``(1) any assistance by that person was provided pursuant 
        to an order of the court established under section 103(a) 
        directing such assistance;
            ``(2) any assistance by that person was provided pursuant 
        to a certification in writing under section 2511(2)(a)(ii)(B) 
        or 2709(b) of title 18, United States Code;
            ``(3) any assistance by that person was provided pursuant 
        to 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 702(h) directing such assistance;
            ``(4) in the case of a covered civil action, the assistance 
        alleged to have been provided by the electronic communication 
        service provider was--
                    ``(A) in connection with an intelligence activity 
                involving communications that was--
                            ``(i) authorized by the President during 
                        the period beginning on September 11, 2001, and 
                        ending on January 17, 2007; and
                            ``(ii) designed to detect or prevent a 
                        terrorist attack, or activities in preparation 
                        for a terrorist attack, against the United 
                        States; and
                    ``(B) the subject of a written request or 
                directive, or a series of written requests or 
                directives, from the Attorney General or the head of an 
                element of the intelligence community (or the deputy of 
                such person) to the electronic communication service 
                provider indicating that the activity was--
                            ``(i) authorized by the President; and
                            ``(ii) determined to be lawful; or
            ``(5) the person did not provide the alleged assistance.
    ``(b) Judicial Review.--
            ``(1) Review of certifications.--A certification under 
        subsection (a) shall be given effect unless the court finds 
        that such certification is not supported by substantial 
        evidence provided to the court pursuant to this section.
            ``(2) Supplemental materials.--In its review of a 
        certification under subsection (a), the court may examine the 
        court order, certification, written request, or directive 
        described in subsection (a) and any relevant court order, 
        certification, written request, or directive submitted pursuant 
        to subsection (d).
    ``(c) Limitations on Disclosure.--If the Attorney General files a 
declaration under section 1746 of title 28, United States Code, that 
disclosure of a certification made pursuant to subsection (a) or the 
supplemental materials provided pursuant to subsection (b) or (d) would 
harm the national security of the United States, the court shall--
            ``(1) review such certification and the supplemental 
        materials in camera and ex parte; and
            ``(2) limit any public disclosure concerning such 
        certification and the supplemental materials, including any 
        public order following such in camera and ex parte review, to a 
        statement as to whether the case is dismissed and a description 
        of the legal standards that govern the order, without 
        disclosing the paragraph of subsection (a) that is the basis 
        for the certification.
    ``(d) Role of the Parties.--Any plaintiff or defendant in a civil 
action may submit any relevant court order, certification, written 
request, or directive to the district court referred to in subsection 
(a) for review and shall be permitted to participate in the briefing or 
argument of any legal issue in a judicial proceeding conducted pursuant 
to this section, but only to the extent that such participation does 
not require the disclosure of classified information to such party. To 
the extent that classified information is relevant to the proceeding or 
would be revealed in the determination of an issue, the court shall 
review such information in camera and ex parte, and shall issue any 
part of the court's written order that would reveal classified 
information in camera and ex parte and maintain such part under seal.
    ``(e) Nondelegation.--The authority and duties of the Attorney 
General under this section shall be performed by the Attorney General 
(or Acting Attorney General) or the Deputy Attorney General.
    ``(f) Appeal.--The courts of appeals shall have jurisdiction of 
appeals from interlocutory orders of the district courts of the United 
States granting or denying a motion to dismiss or for summary judgment 
under this section.
    ``(g) Removal.--A civil action against a person for providing 
assistance to an element of the intelligence community 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.
    ``(h) Relationship to Other Laws.--Nothing in this section shall be 
construed to limit any otherwise available immunity, privilege, or 
defense under any other provision of law.
    ``(i) Applicability.--This section shall apply to a civil action 
pending on or filed after the date of the enactment of the FISA 
Amendments Act of 2008.

``SEC. 803. PREEMPTION.

    ``(a) In General.--No State shall have authority to--
            ``(1) conduct an investigation into an electronic 
        communication service provider's alleged assistance to an 
        element of the intelligence community;
            ``(2) require through regulation or any other means the 
        disclosure of information about an electronic communication 
        service provider's alleged assistance to an element of the 
        intelligence community;
            ``(3) impose any administrative sanction on an electronic 
        communication service provider for assistance to an element of 
        the intelligence community; or
            ``(4) commence or maintain a civil action or other 
        proceeding to enforce a requirement that an electronic 
        communication service provider disclose information concerning 
        alleged assistance to an element of the intelligence community.
    ``(b) Suits by the United States.--The United States may bring suit 
to enforce the provisions of this section.
    ``(c) Jurisdiction.--The district courts of the United States shall 
have jurisdiction over any civil action brought by the United States to 
enforce the provisions of this section.
    ``(d) Application.--This section shall apply to any investigation, 
action, or proceeding that is pending on or commenced after the date of 
the enactment of the FISA Amendments Act of 2008.

``SEC. 804. REPORTING.

    ``(a) Semiannual Report.--Not less frequently than once every 6 
months, the Attorney General shall, in a manner consistent with 
national security, the Rules of the House of Representatives, the 
Standing Rules of the Senate, and Senate Resolution 400 of the 94th 
Congress or any successor Senate resolution, fully inform the 
congressional intelligence committees, the Committee on the Judiciary 
of the Senate, and the Committee on the Judiciary of the House of 
Representatives concerning the implementation of this title.
    ``(b) Content.--Each report made under subsection (a) shall 
include--
            ``(1) any certifications made under section 802;
            ``(2) a description of the judicial review of the 
        certifications made under section 802; and
            ``(3) any actions taken to enforce the provisions of 
        section 803.''.

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.), as 
amended by section 101(b), is further amended by adding at the end the 
following:

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

``Sec. 801. Definitions.
``Sec. 802. Procedures for implementing statutory defenses.
``Sec. 803. Preemption.
``Sec. 804. Reporting.''.

                 TITLE III--REVIEW OF PREVIOUS ACTIONS

SEC. 301. 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 under 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, the Department of 
        Defense, 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) access to legal reviews of the Program and 
                access to information about 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) Integration of other reviews.--The Counsel of 
                the Office of Professional Responsibility of the 
                Department of Justice shall provide the report of any 
                investigation conducted by such Office on matters 
                relating to the Program, including any investigation of 
                the process through which legal reviews of the Program 
                were conducted and the substance of such reviews, to 
                the Inspector General of the Department of Justice, who 
                shall integrate the factual findings and conclusions of 
                such investigation into its review.
                    (C) 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, the 
        Department of Defense, 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, the Department of 
        Defense, and any other Inspector General required to conduct a 
        review under subsection (b)(1), shall submit to the appropriate 
        committees of Congress, in a manner consistent with national 
        security, 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 with respect to the reviews.
            (3) Form.--A report 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.
            (3) Transfer of personnel.--The Attorney General, the 
        Secretary of Defense, the Director of National Intelligence, 
        the Director of the National Security Agency, or the head of 
        any other element of the intelligence community may transfer 
        personnel to the relevant Office of the Inspector General 
        required to conduct a review under subsection (b)(1) and submit 
        a report under subsection (c) and, in addition to any other 
        personnel authorized by law, are authorized to fill any vacancy 
        caused by such a transfer. Personnel transferred under this 
        paragraph shall perform such duties relating to such review as 
        the relevant Inspector General shall direct.

                       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, of 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 et seq.) 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, 2012, 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, 2012--
                    (A) the table of contents in the first section of 
                such Act (50 U.S.C. 1801 et seq.) 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.--Except as provided in paragraph (7), 
        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, any amendment made by this 
        Act, or 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 the Foreign 
                Intelligence Surveillance Act of 1978, as added by 
                sections 2 and 3, respectively, of the Protect America 
                Act of 2007, shall continue to apply with respect to an 
                order, authorization, or directive referred to in 
                paragraph (1) until the later of--
                            (i) the expiration of such order, 
                        authorization, or directive; or
                            (ii) the date on which final judgment is 
                        entered for any petition or other litigation 
                        relating to 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), except for purposes of subsection (j) of 
        such section.
            (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) of the Foreign Intelligence 
        Surveillance Act (50 U.S.C. 1803(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 later of--
                    (A) the expiration of all orders, authorizations, 
                or directives referred to in paragraph (1); or
                    (B) the date on which final judgment is entered for 
                any petition or other litigation relating to such 
                order, authorization, or directive.
            (6) Reporting requirements.--
                    (A) Continued applicability.--Notwithstanding any 
                other provision of this Act, any amendment made by 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) Replacement of orders, authorizations, and 
        directives.--
                    (A) In general.--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), with an authorization under section 702 of 
                the Foreign Intelligence Surveillance Act of 1978 (as 
                added by section 101(a) of this Act), the Attorney 
                General and the Director of National Intelligence 
                shall, to the extent practicable, submit to the Foreign 
                Intelligence Surveillance Court (as such term is 
                defined in section 701(b)(2) of such Act (as so added)) 
                a certification prepared in accordance with subsection 
                (g) of such section 702 and the procedures adopted in 
                accordance with subsections (d) and (e) of such section 
                702 at least 30 days before the expiration of such 
                authorization.
                    (B) Continuation of existing orders.--If the 
                Attorney General and the Director of National 
                Intelligence seek to replace an authorization 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. 522), by filing a certification in accordance 
                with subparagraph (A), that authorization, and any 
                directives issued thereunder and any order related 
                thereto, shall remain in effect, notwithstanding the 
                expiration provided for in subsection (a) of such 
                section 105B, until the Foreign Intelligence 
                Surveillance Court (as such term is defined in section 
                701(b)(2) of the Foreign Intelligence Surveillance Act 
                of 1978 (as so added)) issues an order with respect to 
                that certification under section 702(i)(3) of such Act 
                (as so added) at which time the provisions of that 
                section and of section 702(i)(4) of such Act (as so 
                added) shall apply.
            (8) Effective date.--Paragraphs (1) through (7) 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, 2012.--Notwithstanding 
        any other provision of this Act, any amendment made by this 
        Act, or 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, any amendment made by this Act, or 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 
        later of--
                    (A) the expiration of such order, authorization, or 
                directive; or
                    (B) the date on which final judgment is entered for 
                any petition or other litigation relating to 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 403(a)(1)(B)(ii), 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 authorization expires; or
                    (B) the date that is 90 days after the date of the 
                enactment of this Act.

            Passed the House of Representatives June 20, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 6304

_______________________________________________________________________

                                 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.