[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6304 Enrolled Bill (ENR)]

        H.R.6304

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.