1.Short title; table of
contents
(a)This Act may be cited
as the “Foreign Intelligence Surveillance Act
of 1978 Amendments Act of 2007” or the “FISA Amendments Act of 2007”.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title;
table of contents.
TITLE I—Foreign
intelligence surveillance
Sec. 101. Targeting the communications
of certain persons outside the United States.
Sec. 102. Statement of exclusive means
by which electronic surveillance and interception of domestic 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. Technical and conforming
amendments.
TITLE II—Protections for
electronic communication service providers
Sec. 201. Definitions.
Sec. 202. Limitations on civil actions
for electronic communication service providers.
Sec. 203. Procedures for implementing
statutory defenses under the Foreign Intelligence Surveillance Act of
1978.
Sec. 204. Preemption of State
investigations.
Sec. 205. Technical
amendments.
TITLE III—Other
provisions
Sec. 301. Severability.
Sec. 302. Effective date; repeal;
transition procedures.
<enum>I</enum><header>Foreign
intelligence surveillance</header>
<section id="id520086C349B145C5A546666D8173F39A"><enum>101.</enum><header>Targeting the
communications of certain persons outside the United States</header>
<subsection id="ID5eb7085399f54d1c889f40bbdd2d533d"><enum>(a)</enum><header>In
general</header><text>The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended—</text>
<paragraph id="ID25b17ec379774d7dafa98e6364743500"><enum>(1)</enum><text>by striking title
VII; and</text>
</paragraph><paragraph id="IDb3a5fa3b1db1413a8252893e6b9aa83d"><enum>(2)</enum><text>by adding after
title VI the following new title:</text>
<quoted-block changed="deleted" committee-id="SJU00" display-inline="no-display-inline" id="id3CF60FCC5C6B4120924B94F7E3208421" reported-display-style="strikethrough" style="OLC">
<title id="id8A23B3032D6148CFB40017AA32D7A7B8"><enum>VII</enum><header>Additional
procedures for targeting communications of certain persons outside the United
States </header>
<section id="id4A226D1D6C2C4633AB29B2C9C15BE2D0"><enum>701.</enum><header>Limitation on
definition of electronic surveillance</header><text display-inline="no-display-inline">Nothing in the definition of electronic
surveillance under section 101(f) shall be construed to encompass surveillance
that is targeted in accordance with this title at a person reasonably believed
to be located outside the United States.</text>
</section><section id="id857A28F89E9446B0B5313C6C7D0DCBD0"><enum>702.</enum><header>Definitions</header>
<subsection id="IDa1acfcd837174313b35651cbb7112a48"><enum>(a)</enum><header>In
general</header><text>The terms <term>agent of a foreign power</term>,
<term>Attorney General</term>, <term>contents</term>, <term>electronic
surveillance</term>, <term>foreign intelligence information</term>,
<term>foreign power</term>, <term>minimization procedures</term>,
<term>person</term>, <term>United States</term>, and <term>United States
person</term> shall have the meanings given such terms in section 101, except
as specifically provided in this title.</text>
</subsection><subsection id="id1166B98C62B243389B40A28415D1491A"><enum>(b)</enum><header>Additional
definitions</header>
<paragraph id="idF4527292D82D4744A7CFB6E26856BD97"><enum>(1)</enum><header>Congressional
intelligence committees</header><text>The term <term>congressional intelligence
committees</term> means—</text>
<subparagraph id="id198969EC9BEF4417BDD784940A7DB3A0"><enum>(A)</enum><text>the Select
Committee on Intelligence of the Senate; and</text>
</subparagraph><subparagraph id="id0DA214F65D684799967DD2F0C42D664A"><enum>(B)</enum><text>the Permanent
Select Committee on Intelligence of the House of Representatives.</text>
</subparagraph></paragraph><paragraph id="ID4659ffe4862b41c08f55fd38ada591ee"><enum>(2)</enum><header>Foreign
Intelligence Surveillance Court; Court</header><text>The terms <term>Foreign
Intelligence Surveillance Court</term> and <term>Court</term> mean the court
established by section 103(a).</text>
</paragraph><paragraph id="ID41de02c71bb84143ba1c62afe1a04d7a"><enum>(3)</enum><header>Foreign
Intelligence Surveillance Court of Review; Court of Review</header><text>The
terms <term>Foreign Intelligence Surveillance Court of Review</term> and
<term>Court of Review</term> mean the court established by section
103(b).</text>
</paragraph><paragraph id="ID6dfabaac109346d1b230652552b87101"><enum>(4)</enum><header>Electronic
communication service provider</header><text>The term <term>electronic
communication service provider</term> means—</text>
<subparagraph id="IDfc785d6aa3d04abd902be0e90620901b"><enum>(A)</enum><text>a
telecommunications carrier, as that term is defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153);</text>
</subparagraph><subparagraph id="ID2dd049c9f63e488dae518e54e89f1a80"><enum>(B)</enum><text>a provider of
electronic communications service, as that term is defined in section 2510 of
title 18, United States Code;</text>
</subparagraph><subparagraph id="IDae592e4ce0844bbbade8c7447e19d911"><enum>(C)</enum><text>a provider of a
remote computing service, as that term is defined in section 2711 of title 18,
United States Code;</text>
</subparagraph><subparagraph id="ID49c7a1dd7ab542e18d9453e894e6d913"><enum>(D)</enum><text>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</text>
</subparagraph><subparagraph id="ID46b9467c26ae48619571a0c833a95f9f"><enum>(E)</enum><text>an officer,
employee, or agent of an entity described in subparagraph (A), (B), (C), or
(D).</text>
</subparagraph></paragraph><paragraph id="ID3f08df2de10a4692b2ae6ce66577ba8b"><enum>(5)</enum><header>Element of the
intelligence community</header><text>The term <term>element of the intelligence
community</term> means an element of the intelligence community specified in or
designated under section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).</text>
</paragraph></subsection></section><section id="idC62AF8D847EF474E9F24722C3B44FD17"><enum>703.</enum><header>Procedures for
acquiring the communications of certain persons outside the United
States</header>
<subsection id="ID5e30c05cc4884ee48d1e5b570183b0b4"><enum>(a)</enum><header>Authorization</header><text>Notwithstanding
any other law, the Attorney General and the Director of National Intelligence
may authorize jointly, for periods of up to 1 year, the targeting of persons
reasonably believed to be located outside the United States to acquire foreign
intelligence information.</text>
</subsection><subsection id="ID0ba9d3481b7944e29f5b5c7c598d88f9"><enum>(b)</enum><header>Limitations</header><text>An
acquisition authorized under subsection (a)—</text>
<paragraph id="idA9BDF04569F446D29A7DE606F950FF37"><enum>(1)</enum><text>may not
intentionally target any person known at the time of acquisition to be located
in the United States;</text>
</paragraph><paragraph id="id642767414E794EACB9EBA11FF4E370E2"><enum>(2)</enum><text>may not
intentionally target a person reasonably believed to be outside the United
States if the purpose of such acquisition is to target for surveillance a
particular, known person reasonably believed to be in the United States, except
in accordance with title I; and</text>
</paragraph><paragraph id="idD3EC8D9F6D114EDAAF6C46B3B76B1D7F"><enum>(3)</enum><text>shall be conducted
in a manner consistent with the fourth amendment to the Constitution of the
United States.</text>
</paragraph></subsection><subsection id="ID431c8e870fff43dfb1c06c3f76d7db24"><enum>(c)</enum><header>United States
persons located outside the United States</header>
<paragraph id="ID92f088e144764a519cf245fa5eee3f78"><enum>(1)</enum><header>Acquisition
inside the United States of United States persons outside the United
States</header><text>An acquisition authorized by subsection (a) that occurs
inside the United States may not target a United States person except in
accordance with the provisions of title I.</text>
</paragraph><paragraph id="ID5745186a75d8471dbd4ba56fb9b01800"><enum>(2)</enum><header>Acquisition
outside the United States of United States persons outside the United
States</header><text>An acquisition by an electronic, mechanical, or other
surveillance device outside the United States may not intentionally target a
United States person reasonably believed to be outside the United States to
acquire the contents of a wire or radio communication sent by or intended to be
received by that United States person under circumstances in which a person has
a reasonable expectation of privacy and a warrant would be required for law
enforcement purposes if the technique were used inside the United States
unless—</text>
<subparagraph id="id94AA36A0E4C649589C7C033902FBC16D"><enum>(A)</enum><text>the Attorney
General or the Attorney General's designee submits an application to the
Foreign Intelligence Surveillance Court that includes a statement of the facts
and circumstances relied upon by the applicant to justify the Attorney
General's belief that the target of the acquisition is a foreign power or an
agent of a foreign power; and</text>
</subparagraph><subparagraph id="id947BC5806CB149AE933C5C5868C8250D"><enum>(B)</enum><text>the Foreign
Intelligence Surveillance Court—</text>
<clause id="id089B4EEFFA1F4D4F9E3335BA2564CDE1"><enum>(i)</enum><text>finds on the basis
of the facts submitted by the applicant there is probable cause to believe that
the target of the electronic surveillance is a foreign power or an agent of a
foreign power; and</text>
</clause><clause id="id874FA9AABFA74610BE61D2EA5E7C14F5"><enum>(ii)</enum><text>issues an ex
parte order as requested or as modified approving the targeting of that United
States person.</text>
</clause></subparagraph></paragraph><paragraph id="ID2571a771ed284629bbb421f2d50072ff"><enum>(3)</enum><header>Procedures</header>
<subparagraph id="id4DAE3B64BAB243458AFC09004A586431"><enum>(A)</enum><header>Submittal to
Foreign Intelligence Surveillance Court</header><text>Not later than 30 days
after the date of the enactment of this title, the Attorney General shall
submit to the Foreign Intelligence Surveillance Court the procedures to be
utilized in determining whether a target reasonably believed to be outside the
United States is a United States person.</text>
</subparagraph><subparagraph id="id997E418E1F374CB7B7DD9A42E71FCFA7"><enum>(B)</enum><header>Approval by
Foreign Intelligence Surveillance Court</header><text>The procedures submitted
under subparagraph (A) shall be utilized as described in that subparagraph only
upon the approval of the Foreign Intelligence Surveillance Court.</text>
</subparagraph><subparagraph id="idECB9B52F97554D7389DF5FC034D5CBC3"><enum>(C)</enum><header>Utilization in
targeting</header><text>Any targeting of persons authorized by subsection (a)
shall utilize the procedures submitted under subparagraph (A) as approved by
the Foreign Intelligence Surveillance Court under subparagraph (B).</text>
</subparagraph></paragraph></subsection><subsection id="ID73731c6214004ec59ea6c3285c0a189c"><enum>(d)</enum><header>Conduct of
acquisition</header><text>An acquisition authorized under subsection (a) may be
conducted only in accordance with—</text>
<paragraph id="idAA7E66E9792848539B8D17DECB28B2DC"><enum>(1)</enum><text>a certification
made by the Attorney General and the Director of National Intelligence pursuant
to subsection (g); and</text>
</paragraph><paragraph id="idC0C8A390E08B491A8DBFAD20B47B4281"><enum>(2)</enum><text>the targeting and
minimization procedures required pursuant to subsections (e) and (f).</text>
</paragraph></subsection><subsection id="IDec8b076e223c4cee8edbfb21311d9712"><enum>(e)</enum><header>Targeting
procedures</header>
<paragraph id="id4C2F7BD0C4834767A83E4FFEAB5D4334"><enum>(1)</enum><header>Requirement to
adopt</header><text>The Attorney General, in consultation with the Director of
National Intelligence, shall adopt targeting procedures that are reasonably
designed to ensure that any acquisition authorized under subsection (a) is
limited to targeting persons reasonably believed to be located outside the
United States.</text>
</paragraph><paragraph id="IDebb8b95e627d430e97d2fd4a515bc57c"><enum>(2)</enum><header>Judicial
review</header><text>The procedures referred to in paragraph (1) shall be
subject to judicial review pursuant to subsection (i).</text>
</paragraph></subsection><subsection id="ID1cb4de7e19144309bb9ea8c4bac5dd6f"><enum>(f)</enum><header>Minimization
procedures</header>
<paragraph id="id70E7E52507FC4317B58013B3E84F2FB2"><enum>(1)</enum><header>Requirement to
adopt</header><text>The Attorney General, in consultation with the Director of
National Intelligence, shall adopt, consistent with the requirements of section
101(h), minimization procedures for acquisitions authorized under subsection
(a).</text>
</paragraph><paragraph id="ID236ba40f26c9488a9a0a7c9521902205"><enum>(2)</enum><header>Judicial
review</header><text>The minimization procedures required by this subsection
shall be subject to judicial review pursuant to subsection (i).</text>
</paragraph></subsection><subsection id="ID3d66ee9004d14fd49e66d97475bf992f"><enum>(g)</enum><header>Certification</header>
<paragraph id="id8BC62480FCF24D2E92545E447FF64C2D"><enum>(1)</enum><header>In
general</header>
<subparagraph id="id56797071C3664B6B8F4E22C07EB23EA6"><enum>(A)</enum><header>Requirement</header><text>Subject
to subparagraph (B), prior to the initiation of an acquisition authorized under
subsection (a), the Attorney General and the Director of National Intelligence
shall provide, under oath, a written certification, as described in this
subsection.</text>
</subparagraph><subparagraph id="id64F784320EF54F3AB775EA755C4CF58D"><enum>(B)</enum><header>Exception</header><text>If
the Attorney General and the Director of National Intelligence determine that
immediate action by the Government is required and time does not permit the
preparation of a certification under this subsection prior to the initiation of
an acquisition, the Attorney General and the Director of National Intelligence
shall prepare such certification, including such determination, as soon as
possible but in no event more than 168 hours after such determination is
made.</text>
</subparagraph></paragraph><paragraph id="IDd9f54155af2c4472b0b2506e8b9ecd5a"><enum>(2)</enum><header>Requirements</header><text>A
certification made under this subsection shall—</text>
<subparagraph id="id950FB2049AA34D92AC1ACC7602EE34F7"><enum>(A)</enum><text>attest
that—</text>
<clause id="ID7a9e638703ed458fb10aca0829412ab0"><enum>(i)</enum><text>there are
reasonable procedures in place for determining that the acquisition authorized
under subsection (a) is targeted at persons reasonably believed to be located
outside the United States and that such procedures have been approved by, or
will promptly be submitted for approval by, the Foreign Intelligence
Surveillance Court pursuant to subsection (i);</text>
</clause><clause id="IDa44816d1880648dfbcf5537f0cc139f5"><enum>(ii)</enum><text>the procedures
referred to in clause (i) are consistent with the requirements of the fourth
amendment to the Constitution of the United States and do not permit the
intentional targeting of any person who is known at the time of acquisition to
be located in the United States;</text>
</clause><clause id="ID63d5a17e2e4948a78c8df3de563eeb80"><enum>(iii)</enum><text>a significant
purpose of the acquisition is to obtain foreign intelligence
information;</text>
</clause><clause id="IDcc6b6619d75843b3bb88fd7b2581d73c"><enum>(iv)</enum><text>the minimization
procedures to be used with respect to such acquisition—</text>
<subclause id="id694C6C50834643ECB5C527AFE1FD8167"><enum>(I)</enum><text>meet the
definition of minimization procedures under section 101(h); and</text>
</subclause><subclause id="id6BF207335E8C449EAAF6EAEC7F45D021"><enum>(II)</enum><text>have been
approved by, or will promptly be submitted for approval by, the Foreign
Intelligence Surveillance Court pursuant to subsection (i);</text>
</subclause></clause><clause id="IDf16521588388494297a95bdad5fe305e"><enum>(v)</enum><text>the acquisition
involves obtaining the foreign intelligence information from or with the
assistance of an electronic communication service provider; and</text>
</clause><clause id="ID6c316d4d03d24219a674a0523e729f8d"><enum>(vi)</enum><text>the acquisition
does not constitute electronic surveillance, as limited by section 701;
and</text>
</clause></subparagraph><subparagraph id="id989D1BF5A64F491AA042DA4A343CB729"><enum>(B)</enum><text>be supported, as
appropriate, by the affidavit of any appropriate official in the area of
national security who is—</text>
<clause id="idB37D7F005E894FE2BBD77F394AFF95FA"><enum>(i)</enum><text>appointed by the
President, by and with the consent of the Senate; or</text>
</clause><clause id="idD2AA80E3BE6D4F999E508C0F5B6061F9"><enum>(ii)</enum><text>the head of any
element of the intelligence community.</text>
</clause></subparagraph></paragraph><paragraph id="IDf7133340b71043c7a3322a5b5cfd54f9"><enum>(3)</enum><header>Limitation</header><text>A
certification made under this subsection is not required to identify the
specific facilities, places, premises, or property at which the acquisition
authorized under subsection (a) will be directed or conducted.</text>
</paragraph><paragraph id="IDa8d657a4c01246928d6b5d0d34e3e196"><enum>(4)</enum><header>Submission to
the Court</header><text>The Attorney General shall transmit a copy of a
certification made under this subsection, and any supporting affidavit, under
seal to the Foreign Intelligence Surveillance Court as soon as possible, but in
no event more than 5 days after such certification is made. Such certification
shall be maintained under security measures adopted by the Chief Justice of the
United States and the Attorney General, in consultation with the Director of
National Intelligence.</text>
</paragraph><paragraph id="ID8c9720551b944090ac8c280a559939d9"><enum>(5)</enum><header>Review</header><text>The
certification required by this subsection shall be subject to judicial review
pursuant to subsection (i).</text>
</paragraph></subsection><subsection id="ID52ac06ac5e984ff3ba2ab451eebf7f25"><enum>(h)</enum><header>Directives</header>
<paragraph id="idA33BAE98C86E40B29778959D1E1F2156"><enum>(1)</enum><header>Authority</header><text>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—</text>
<subparagraph id="ID6b96a29f2ce948a5a8a24d8f41d5e9bf"><enum>(A)</enum><text>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; and</text>
</subparagraph><subparagraph id="ID774ac92cc47e47169033a5ae362852ce"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="ID188f7a52961046db9c1e4ae091bac49c"><enum>(2)</enum><header>Compensation</header><text>The
Government shall compensate, at the prevailing rate, an electronic
communication service provider for providing information, facilities, or
assistance pursuant to paragraph (1).</text>
</paragraph><paragraph id="IDdccba1f42e0e4e80b47ae9373b1cedbe"><enum>(3)</enum><header>Release from
liability</header><text>Notwithstanding any other law, no cause of action shall
lie in any court against any electronic communication service provider for
providing any information, facilities, or assistance in accordance with a
directive issued pursuant to paragraph (1).</text>
</paragraph><paragraph id="IDa1ad14eec47c4eff8cc33858b892a36b"><enum>(4)</enum><header>Challenging of
directives</header>
<subparagraph id="id3EA0112330534D29B213EB3E64066A11"><enum>(A)</enum><header>Authority to
challenge</header><text>An electronic communication service provider receiving
a directive issued pursuant to paragraph (1) may challenge the directive by
filing a petition with the Foreign Intelligence Surveillance Court.</text>
</subparagraph><subparagraph id="ID9feca827428e4c688ebf0850bc32e146"><enum>(B)</enum><header>Assignment</header><text>The
presiding judge of the Court shall assign the petition filed under subparagraph
(A) to 1 of the judges serving in the pool established by section 103(e)(1) not
later than 24 hours after the filing of the petition.</text>
</subparagraph><subparagraph id="IDf20d34921ece4312a576aed865730afe"><enum>(C)</enum><header>Standards for
review</header><text>A judge considering a petition to modify or set aside a
directive may grant such petition only if the judge finds that the directive
does not meet the requirements of this section or is otherwise unlawful. If the
judge does not modify or set aside the directive, the judge shall immediately
affirm such directive, and order the recipient to comply with the directive.
The judge shall provide a written statement for the record of the reasons for a
determination under this paragraph.</text>
</subparagraph><subparagraph id="ID69fbc4e67dc6413493c9bee60022e388"><enum>(D)</enum><header>Continued
effect</header><text>Any directive not explicitly modified or set aside under
this paragraph shall remain in full effect.</text>
</subparagraph></paragraph><paragraph id="ID1fdb2ca4b8f94bccbdad8e1cd9f154be"><enum>(5)</enum><header>Enforcement of
directives</header>
<subparagraph id="id168F0644FF9348B1B2DC28CD9C4439F1"><enum>(A)</enum><header>Order to
compel</header><text>In the case of a failure to comply with a directive issued
pursuant to paragraph (1), the Attorney General may file a petition for an
order to compel compliance with the directive with the Foreign Intelligence
Surveillance Court.</text>
</subparagraph><subparagraph id="ID26db80885e214f819977299446172191"><enum>(B)</enum><header>Assignment</header><text>The
presiding judge of the Court shall assign a petition filed under subparagraph
(A) to 1 of the judges serving in the pool established by section 103(e)(1) not
later than 24 hours after the filing of the petition.</text>
</subparagraph><subparagraph id="ID23a714a98df34f61b56956469312226d"><enum>(C)</enum><header>Standards for
review</header><text>A judge considering a petition shall issue an order
requiring the electronic communication service provider to comply with the
directive if the judge finds that the directive was issued in accordance with
paragraph (1), 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.</text>
</subparagraph><subparagraph id="IDc5a2917c6bfa49eaa414f8936d53203b"><enum>(D)</enum><header>Contempt of
court</header><text>Failure to obey an order of the Court issued under this
paragraph may be punished by the Court as contempt of court.</text>
</subparagraph><subparagraph id="ID21bb45cf31d3459ca8fbd546f902f5bb"><enum>(E)</enum><header>Process</header><text>Any
process under this paragraph may be served in any judicial district in which
the electronic communication service provider may be found.</text>
</subparagraph></paragraph><paragraph id="IDf9f41dff71dc46f2bda5cfea7df0d607"><enum>(6)</enum><header>Appeal</header>
<subparagraph id="idABBA0E12B1E74094B9CEFD7BEF357F34"><enum>(A)</enum><header>Appeal to the
Court of Review</header><text>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 the decision issued pursuant to paragraph (4) or (5) not later than 7
days after the issuance of such decision. The Court of Review shall have
jurisdiction to consider such a petition and shall provide a written statement
for the record of the reasons for a decision under this paragraph.</text>
</subparagraph><subparagraph id="id9A275A190AEF4E22BAB15F6210AACBC8"><enum>(B)</enum><header>Certiorari to
the Supreme Court</header><text>The Government or an electronic communication
service provider receiving a directive issued pursuant to paragraph (1) may
file a petition for a writ of certiorari for review of the decision of the
Court of Review issued under subparagraph (A). The record for such review shall
be transmitted under seal to the Supreme Court of the United States, which
shall have jurisdiction to review such decision.</text>
</subparagraph></paragraph></subsection><subsection id="IDf477358c9f494d7a9ac7acc14876ec1c"><enum>(i)</enum><header>Judicial
review</header>
<paragraph id="id95D3DF0071A24849BCEECF02066A3168"><enum>(1)</enum><header>In
general</header>
<subparagraph id="id485964C5223B43E39120DE4C1618FAC7"><enum>(A)</enum><header>Review by the
Foreign Intelligence Surveillance Court</header><text>The Foreign Intelligence
Surveillance Court shall have jurisdiction to review any certification required
by subsection (d) or targeting and minimization procedures adopted pursuant to
subsections (e) and (f).</text>
</subparagraph><subparagraph id="ID496192ecb8f64e3880add44b6e6611cf"><enum>(B)</enum><header>Submission to
the Court</header><text>The Attorney General shall submit to the Court any such
certification or procedure, or amendment thereto, not later than 5 days after
making or amending the certification or adopting or amending the
procedures.</text>
</subparagraph></paragraph><paragraph id="idCD1ED691EB5D4A54BD948E029E3C420E"><enum>(2)</enum><header>Certifications</header><text>The
Court shall review a certification provided under subsection (g) to determine
whether the certification contains all the required elements.</text>
</paragraph><paragraph id="idFDBA4DC1006C44909B54EF5E34A2BE9D"><enum>(3)</enum><header>Targeting
procedures</header><text>The Court shall review the targeting procedures
required by subsection (e) to assess whether the procedures are reasonably
designed to ensure that the acquisition authorized under subsection (a) is
limited to the targeting of persons reasonably believed to be located outside
the United States.</text>
</paragraph><paragraph id="idFB3488B4BB1540F487096159290B0697"><enum>(4)</enum><header>Minimization
procedures</header><text>The Court shall review the minimization procedures
required by subsection (f) to assess whether such procedures meet the
definition of minimization procedures under section 101(h).</text>
</paragraph><paragraph id="idE4880C1308C641EFA2682D54F6CBC83B"><enum>(5)</enum><header>Orders</header>
<subparagraph id="id7AFE51A118CA4588AEBC249B59E1D8C3"><enum>(A)</enum><header>Approval</header><text>If
the Court finds that a certification required by subsection (g) contains all of
the required elements and that the targeting and minimization procedures
required by subsections (e) and (f) 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 continued use of
the procedures for the acquisition authorized under subsection (a).</text>
</subparagraph><subparagraph id="id13A735F0A4214E58A7CD27FB69920C30"><enum>(B)</enum><header>Correction of
deficiencies</header><text>If the Court finds that a certification required by
subsection (g) does not contain all of the required elements, or that the
procedures required by subsections (e) and (f) 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—</text>
<clause id="idCC6F13D4FE3B485DB9E9E9949A0606EB"><enum>(i)</enum><text>correct any
deficiency identified by the Court’s order not later than 30 days after the
date the Court issues the order; or</text>
</clause><clause id="id279FC4CCD9784812BB168A8ADD36CFEA"><enum>(ii)</enum><text>cease the
acquisition authorized under subsection (a).</text>
</clause></subparagraph><subparagraph id="id337F7066AEF94AD6AFA8691254186413"><enum>(C)</enum><header>Requirement for
written statement</header><text>In support of its orders under this subsection,
the Court shall provide, simultaneously with the orders, for the record a
written statement of its reasons.</text>
</subparagraph></paragraph><paragraph id="id39058E55D12A41B28EE0B7903A88C50E"><enum>(6)</enum><header>Appeal</header>
<subparagraph id="idD2521656E3834463922891792F7DEF9C"><enum>(A)</enum><header>Appeal to the
Court of Review</header><text>The Government may appeal any order under this
section to the Foreign Intelligence Surveillance Court of Review, which shall
have jurisdiction to review such order. For any decision affirming, reversing,
or modifying an order of the Foreign Intelligence Surveillance Court, the Court
of Review shall provide for the record a written statement of its
reasons.</text>
</subparagraph><subparagraph id="id1DBB6D131B9A4FB089076F7507E552B4"><enum>(B)</enum><header>Continuation of
acquisition pending rehearing or appeal</header><text>Any acquisitions affected
by an order under paragraph (5)(B) may continue—</text>
<clause id="idC5A64D06DE184098978A3B9D7AF7C86F"><enum>(i)</enum><text>during the pending
of any rehearing of the order by the Court en banc; and</text>
</clause><clause id="idB08C7944055444299C314D2B512903FD"><enum>(ii)</enum><text>during the
pendency of any appeal of the order to the Foreign Intelligence Surveillance
Court of Review.</text>
</clause></subparagraph><subparagraph id="id9782A9C04E424092BA03D02587E4759A"><enum>(C)</enum><header>Certiorari to
the Supreme Court</header><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="ID7b8755d376144b11b6c8dd21113e0eb0"><enum>(j)</enum><header>Judicial
proceedings</header><text>Judicial proceedings under this section shall be
conducted as expeditiously as possible.</text>
</subsection><subsection id="ID8e667856b70a4655bcf0400c50d81c04"><enum>(k)</enum><header>Maintenance of
records</header>
<paragraph id="id7FCBA8472F414795B47895D3F5B3CE58"><enum>(1)</enum><header>Standards</header><text>A
record of a proceeding under this section, including petitions filed, orders
granted, and statements of reasons for decision, shall be maintained under
security measures adopted by the Chief Justice of the United States, in
consultation with the Attorney General and the Director of National
Intelligence.</text>
</paragraph><paragraph id="ID8e4c5e18ea5e4a28b80ee08ddcc2dd20"><enum>(2)</enum><header>Filing and
review</header><text>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.</text>
</paragraph><paragraph id="IDef597686bac14c11bb1316e7a8cded03"><enum>(3)</enum><header>Retention of
records</header><text>A directive made or an order granted under this section
shall be retained for a period of not less than 10 years from the date on which
such directive or such order is made.</text>
</paragraph></subsection><subsection id="ID12924be8acf84166aa942b1d3c15108f"><enum>(l)</enum><header>Oversight</header>
<paragraph id="idD9A30822EE8947088C3C1F420D7F939A"><enum>(1)</enum><header>Semiannual
assessment</header><text>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 required by subsections (e) and
(f) and shall submit each such assessment to—</text>
<subparagraph id="idEBD5F881548040BAA8D5A706C4699BBE"><enum>(A)</enum><text>the Foreign
Intelligence Surveillance Court; and</text>
</subparagraph><subparagraph id="idDEBB4F3AFFEC4B249865415AE19714C0"><enum>(B)</enum><text>the congressional
intelligence committees.</text>
</subparagraph></paragraph><paragraph id="idA031C3A33B884ACEAAC8313B19ABA92D"><enum>(2)</enum><header>Agency
assessment</header><text>The Inspectors General of the Department of Justice
and of any element of the intelligence community authorized to acquire foreign
intelligence information under subsection (a)—</text>
<subparagraph id="id8AF4F77AD20143088EDAC18149BF7C90"><enum>(A)</enum><text>are authorized to
review the compliance of their agency or element with the targeting and
minimization procedures required by subsections (e) and (f);</text>
</subparagraph><subparagraph id="ID42db37218fd8439c8f6f022791e9fa74"><enum>(B)</enum><text>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;</text>
</subparagraph><subparagraph id="ID1c34e8c8ef2e40f6b1c9f01f7eec949f"><enum>(C)</enum><text>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 the
number of persons located in the United States whose communications were
reviewed; and</text>
</subparagraph><subparagraph id="id274B4244C7A549F1AC0F82FDE66B2734"><enum>(D)</enum><text>shall provide each
such review to—</text>
<clause id="id30FB2558E4C648A1958DCDCC0D2C5C48"><enum>(i)</enum><text>the Attorney
General;</text>
</clause><clause id="idC4AD4F350AFB41229854B4C17F1388B2"><enum>(ii)</enum><text>the Director of
National Intelligence; and</text>
</clause><clause id="id389AFD7667264D4CA0A3336D0B892F1C"><enum>(iii)</enum><text>the
congressional intelligence committees.</text>
</clause></subparagraph></paragraph><paragraph id="ID48a062e6288c4a429fa86a2df76f78aa"><enum>(3)</enum><header>Annual
review</header>
<subparagraph id="id381F0050DC594706BF056258A856F2A8"><enum>(A)</enum><header>Requirement to
conduct</header><text>The head of an element of the intelligence community
conducting an acquisition authorized under subsection (a) shall direct the
element to conduct an annual review to determine whether there is reason to
believe that foreign intelligence information has been or will be obtained from
the acquisition. The annual review shall provide, with respect to such
acquisitions authorized under subsection (a)—</text>
<clause id="idC5105A35A6EC4FD9BF22F2C195AE5E23"><enum>(i)</enum><text>an accounting of
the number of disseminated intelligence reports containing a reference to a
United States person identity;</text>
</clause><clause id="id41B2999962EC4A3CBD9A4DF0F3EB71D4"><enum>(ii)</enum><text>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; and</text>
</clause><clause id="id7928EB65EA154C7E994ED713878252EA"><enum>(iii)</enum><text>the number of
targets that were later determined to be located in the United States and the
number of persons located in the United States whose communications were
reviewed.</text>
</clause></subparagraph><subparagraph id="idEB1B24E5CC444AAAACA77B4BEE34E14E"><enum>(B)</enum><header>Use of
review</header><text>The head of each element of the intelligence community
that conducts an annual review under subparagraph (A) shall use each such
review to evaluate the adequacy of the minimization procedures utilized by such
element or the application of the minimization procedures to a particular
acquisition authorized under subsection (a).</text>
</subparagraph><subparagraph id="id84CA9412081740A49E80082DB7EF083E"><enum>(C)</enum><header>Provision of
review to Foreign Intelligence Surveillance Court</header><text>The head of
each element of the intelligence community that conducts an annual review under
subparagraph (A) shall provide such review to the Foreign Intelligence
Surveillance Court.</text>
</subparagraph></paragraph><paragraph id="ID1882106866a343b897dfa44dc6f5785e"><enum>(4)</enum><header>Reports to
Congress</header>
<subparagraph id="id0258C0F8BC8746E1B2D541B6440D44F5"><enum>(A)</enum><header>Semiannual
report</header><text>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, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of Representatives,
concerning the implementation of this Act.</text>
</subparagraph><subparagraph id="ID2258e4a8bdde4fc9b621c0d2fecc8cc3"><enum>(B)</enum><header>Content</header><text>Each
report made under subparagraph (A) shall include—</text>
<clause id="ID55861828cce944f09a9b9054f7ad3445"><enum>(i)</enum><text>any certifications
made under subsection (g) during the reporting period;</text>
</clause><clause id="IDf6c0d8d867274504a4041ea3f53ed018"><enum>(ii)</enum><text>any directives
issued under subsection (h) during the reporting period;</text>
</clause><clause id="IDc57c487e52c247d6b04a746b4c630f0f"><enum>(iii)</enum><text>the judicial
review during the reporting period of any such certifications and targeting and
minimization procedures utilized with respect to such acquisition, including a
copy of any order or pleading in connection with such review that contains a
significant legal interpretation of the provisions of this Act;</text>
</clause><clause id="ID635c030395ec4b23828472d56239ebcc"><enum>(iv)</enum><text>any actions taken
to challenge or enforce a directive under paragraphs (4) or (5) of subsections
(h);</text>
</clause><clause id="ID9d43f822b42d479693869d4e07b071ac"><enum>(v)</enum><text>any compliance
reviews conducted by the Department of Justice or the Office of the Director of
National Intelligence of acquisitions authorized under subsection (a);</text>
</clause><clause id="IDb91e7e0618d248d091f997fd0c460aae"><enum>(vi)</enum><text>a description of
any incidents of noncompliance with a directive issued by the Attorney General
and the Director of National Intelligence under subsection (h),
including—</text>
<subclause id="ID4a76fddc895a4750bd70f34e047827a5"><enum>(I)</enum><text>incidents of
noncompliance by an element of the intelligence community with procedures
adopted pursuant to subsections (e) and (f); and</text>
</subclause><subclause id="ID023954afc8e1413bb65fbfe063b705dc"><enum>(II)</enum><text>incidents of
noncompliance by a specified person to whom the Attorney General and Director
of National Intelligence issued a directive under subsection (h);</text>
</subclause></clause><clause id="IDd05a886e3ddd4d7aa3795e95e2019bcb"><enum>(vii)</enum><text>any procedures
implementing this section; and</text>
</clause><clause id="ID822676982b88403dac7efbaefcaa32d8"><enum>(viii)</enum><text>any annual
review conducted pursuant to paragraph (3).</text>
</clause></subparagraph></paragraph></subsection></section><section id="idB35A63D4F6EB43F7A9AF3274FCF83799"><enum>704.</enum><header>Use of
information acquired under section 703</header>
<subsection id="ID91577067955f47e8907f4151eb511ebb"><enum></enum><text>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, except for the purposes of subsection (j) of such
section.</text>
</subsection></section>.
(b)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 for targeting communications of certain persons outside the United
States
Sec. 701. Limitation on definition of
electronic surveillance.
Sec. 702. Definitions.
Sec. 703. Procedures for acquiring the
communications of certain persons outside the United States.
Sec. 704. Use of information acquired
under section
703.
.
(c)
(1)Except as provided in paragraph (2), the amendments made
by subsections (a)(2) and (b) shall cease to have effect on December 31,
2013.
(2)Section 703(h)(3) of the Foreign Intelligence
Surveillance Act of 1978 (as amended by subsection (a)) shall remain in effect
with respect to any directive issued pursuant to section 703(h) of that Act (as
so amended) during the period such directive was in effect. The use of
information acquired by an acquisition conducted under section 703 of that Act
(as so amended) shall continue to be governed by the provisions of section 704
of that Act (as so amended).
102.Statement of
exclusive means by which electronic surveillance and interception of domestic
communications may be conducted
(a)Statement of
exclusive meansTitle 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:
112.Statement of exclusive means by which electronic
surveillance and interception of domestic communications may be
conductedChapters 119 and
121 of title 18, United States Code, and this Act shall be the exclusive means
by which electronic surveillance (as defined in section 101(f), regardless of
the limitation of section 701) and the interception of domestic wire, oral, or
electronic communications may be
conducted.
.
(b)The table of contents in the first section of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by adding after the item relating to section 111, the following:
Sec. 112. Statement of exclusive means
by which electronic surveillance and interception of domestic communications
may be
conducted.
.
103.Submittal to
Congress of certain court orders under the Foreign Intelligence Surveillance
Act of 1978
(a)Inclusion of certain orders in semi-annual
reports of Attorney GeneralSubsection (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 ordersSuch section 601 is
further amended by adding at the end the following new subsection:
(c)The Attorney
General shall submit to the committees of Congress referred to in subsection
(a) a copy of any decision, order, or opinion issued by the court established
under section 103(a) or the court of review established under section 103(b)
that includes significant construction or interpretation of any provision of
this Act not later than 45 days after such decision, order, or opinion is
issued.
.
104.Applications
for court ordersSection 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
.
105.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)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)determines that
the factual basis for 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 168 hours 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 168 hours 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).
.
106.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
.
107.Amendments for
physical searches
(a)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)Section
304 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824) is
amended—
(1)in subsection
(a)—
(A)by striking
paragraph (1); and
(B)by redesignating
paragraphs (2) through (5) as paragraphs (1) through (4), respectively;
and
(2)by amending
subsection (e) to read as follows:
(e)(1)Notwithstanding any
other provision of this title, the Attorney General may authorize the emergency
employment of a physical search if the Attorney General—
(A)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)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 168
hours 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 168 hours from the time of
authorization by the Attorney General, whichever is earliest.
(4)A denial of the
application made under this subsection may be reviewed as provided in section
103.
(5)(A)In the event that such
application for approval is denied, or in any other case where the physical
search is terminated and no order is issued approving the physical search, no
information obtained or evidence derived from such physical search shall be
received in evidence or otherwise disclosed in any trial, hearing, or other
proceeding in or before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof, and no information
concerning any United States person acquired from such physical search shall
subsequently be used or disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death or serious
bodily harm to any person.
(B)The Attorney
General shall assess compliance with the requirements of subparagraph
(A).
.
(c)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)
.
108.Amendments for
emergency pen registers and trap and trace devicesSection
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 168
hours
; and
(2)in subsection
(c)(1)(C), by striking 48 hours
and inserting 168
hours
.
109.Foreign
Intelligence Surveillance Court
(a)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)
(1)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 703(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)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 appealSection 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.
.
110.Technical and
conforming amendmentsSection
103(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e))
is amended—
(1)in paragraph (1), by striking
105B(h) or 501(f)(1)
and inserting 501(f)(1) or
703
; and
(2)in paragraph (2), by striking
105B(h) or 501(f)(1)
and inserting 501(f)(1) or
703
.
<enum>II</enum><header>Protections for
electronic communication service providers</header>
<section id="ID37ac30be6d9f44998522b990c0fdf04b"><enum>201.</enum><header>Definitions</header><text display-inline="no-display-inline">In this title:</text>
<paragraph id="id5524089BBCE34B87B82C2B2728BF8E7C"><enum>(1)</enum><header>Assistance</header><text display-inline="yes-display-inline">The term <term>assistance</term> 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.</text>
</paragraph><paragraph id="id10165FB16C1E44879C2A7B1442CD385B"><enum>(2)</enum><header>Contents</header><text display-inline="yes-display-inline">The term <term>contents</term> has the
meaning given that term in section 101(n) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(n)).</text>
</paragraph><paragraph id="IDe2b79763f33f40d4a11620931ac5286e"><enum>(3)</enum><header>Covered civil
action</header><text>The term <term>covered civil action</term> means a civil
action filed in a Federal or State court that—</text>
<subparagraph id="idE7EFF3FCD79B48A084827E776CCB7126"><enum>(A)</enum><text>alleges that an
electronic communication service provider furnished assistance to an element of
the intelligence community; and</text>
</subparagraph><subparagraph id="idE8921AFA0FF747F48FC2C12D55E7388A"><enum>(B)</enum><text>seeks monetary or
other relief from the electronic communication service provider related to the
provision of such assistance.</text>
</subparagraph></paragraph><paragraph id="ID898fd23295e24790aeabd04a60d8998f"><enum>(4)</enum><header>Electronic
communication service provider</header><text>The term <term>electronic
communication service provider</term> means—</text>
<subparagraph id="ID63471f3728c546aea88c90e8d5e96611"><enum>(A)</enum><text>a
telecommunications carrier, as that term is defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153);</text>
</subparagraph><subparagraph id="ID98da89e697e44f2aace879458920dd05"><enum>(B)</enum><text>a provider of an
electronic communication service, as that term is defined in section 2510 of
title 18, United States Code;</text>
</subparagraph><subparagraph id="IDe3cf7d8ab0104f58a9e3216280350ab8"><enum>(C)</enum><text>a provider of a
remote computing service, as that term is defined in section 2711 of title 18,
United States Code;</text>
</subparagraph><subparagraph id="idD9010BF974324D09916759B172D03D02"><enum>(D)</enum><text>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;</text>
</subparagraph><subparagraph id="ID2d03f5cb6881476db5795f93afb646a7"><enum>(E)</enum><text>a parent,
subsidiary, affiliate, successor, or assignee of an entity described in
subparagraph (A), (B), (C), or (D); or</text>
</subparagraph><subparagraph id="ID77bb0ed994964163b1fb81abe67dc0c1"><enum>(F)</enum><text>an officer,
employee, or agent of an entity described in subparagraph (A), (B), (C), (D),
or (E).</text>
</subparagraph></paragraph><paragraph id="ID2c3163488e62403f95f1536525f96040"><enum>(5)</enum><header>Element of the
intelligence community</header><text>The term <term>element of the intelligence
community</term> means an element of the intelligence community specified in or
designated under section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).</text>
</paragraph></section><section id="IDde321b9266b84c0f8188e9cf032ce81b"><enum>202.</enum><header>Limitations on
civil actions for electronic communication service providers</header>
<subsection id="idBB1888E9F3C842E6971CA16C8E26E072"><enum>(a)</enum><header>Limitations</header>
<paragraph id="id2F91D2C1013D47629BA63A943A53554F"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Notwithstanding any
other provision of law, a covered civil action shall not lie or be maintained
in a Federal or State court, and shall be promptly dismissed, if the Attorney
General certifies to the court that—</text>
<subparagraph id="ID75b3819e2d494fe48618410c8f537df9"><enum>(A)</enum><text>the assistance
alleged to have been provided by the electronic communication service provider
was—</text>
<clause id="ID012ecd175f8f4ee1b35fe10243b72a62"><enum>(i)</enum><text>in connection with
an intelligence activity involving communications that was—</text>
<subclause id="IDfedcbc065fa64146bd22640205dc9828"><enum>(I)</enum><text>authorized by the
President during the period beginning on September 11, 2001, and ending on
January 17, 2007; and</text>
</subclause><subclause id="ID27434c4499cf40418e10f3b587d801fd"><enum>(II)</enum><text>designed to
detect or prevent a terrorist attack, or activities in preparation for a
terrorist attack, against the United States; and</text>
</subclause></clause><clause id="IDf013c09eda9c4c87b71753a24a811e13"><enum>(ii)</enum><text>described in a
written request or directive 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—</text>
<subclause id="id2A9729ECE5004B42A577A62AFFD8F5F5"><enum>(I)</enum><text>authorized by the
President; and</text>
</subclause><subclause id="id3B58FD525FF84A87BC12BADE0377B01E"><enum>(II)</enum><text>determined to be
lawful; or</text>
</subclause></clause></subparagraph><subparagraph id="ID7211d834ff28404b832057fe136dea8c"><enum>(B)</enum><text>the electronic
communication service provider did not provide the alleged assistance.</text>
</subparagraph></paragraph><paragraph id="idB8370E9E8EAD47F499EB2364FA2F5326"><enum>(2)</enum><header>Review</header><text>A
certification made pursuant to paragraph (1) shall be subject to review by a
court for abuse of discretion.</text>
</paragraph></subsection><subsection id="ID8e28ae99146d4c309ab30651b7b19cbd"><enum>(b)</enum><header>Review of
certifications</header><text>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) would harm the national security
of the United States, the court shall—</text>
<paragraph id="ID9248c15d660f486cb18e3fe6c1780c86"><enum>(1)</enum><text>review such
certification in camera and ex parte; and</text>
</paragraph><paragraph id="ID8ebb0dcaee184045b51ee34170279a14"><enum>(2)</enum><text>limit any public
disclosure concerning such certification, including any public order following
such an ex parte review, to a statement that the conditions of subsection (a)
have been met, without disclosing the subparagraph of subsection (a)(1) that is
the basis for the certification.</text>
</paragraph></subsection><subsection id="ID802a4c57fe4c47b2b7fe3ac8cd790f92"><enum>(c)</enum><header>Nondelegation</header><text>The
authority and duties of the Attorney General under this section shall be
performed by the Attorney General (or Acting Attorney General) or a designee in
a position not lower than the Deputy Attorney General.</text>
</subsection><subsection id="ID820b8317e6fc4818a76d9f9006c514c2"><enum>(d)</enum><header>Civil actions in
State court</header><text display-inline="yes-display-inline">A covered civil
action that is brought in a State court shall be deemed to arise under the
Constitution and laws of the United States and shall be removable under section
1441 of title 28, United States Code.</text>
</subsection><subsection id="ID167acc7e3df84ed4a5ecfd3d757f6cbd"><enum>(e)</enum><header>Rule of
construction</header><text display-inline="yes-display-inline">Nothing in this
section may be construed to limit any otherwise available immunity, privilege,
or defense under any other provision of law.</text>
</subsection><subsection id="ID36cbfed32b454736bb9076dac98a76ac"><enum>(f)</enum><header>Effective date
and application</header><text display-inline="yes-display-inline">This section
shall apply to any covered civil action that is pending on or filed after the
date of enactment of this Act.</text>
</subsection></section><section id="id6B25C3C19C0B4681BD8C1BABE960FA40"><enum>203.</enum><header>Procedures for
implementing statutory defenses under the Foreign Intelligence Surveillance Act
of 1978</header><text display-inline="no-display-inline">The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by
section 101, is further amended by adding after title VII the following new
title:</text>
<quoted-block changed="deleted" committee-id="SJU00" display-inline="no-display-inline" id="id62FE9B5550424F01AF924FBBEDDD08F6" reported-display-style="strikethrough" style="OLC">
<title id="id30BB3B0C182548E480DFB4185DEFCEED"><enum>VIII</enum><header>Protection of
persons assisting the Government </header>
<section id="ID736e7bf84fcf435990d4b64df3e3e224"><enum>801.</enum><header>Definitions</header><text display-inline="no-display-inline">In this title:</text>
<paragraph id="id7328C84B166E43909FF7357552C749B5"><enum>(1)</enum><header>Assistance</header><text>The
term <term>assistance</term> 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.</text>
</paragraph><paragraph id="IDcbbaaf4fcd7d47a0b4177de580d06d20"><enum>(2)</enum><header>Attorney
General</header><text>The term <term>Attorney General</term> has the meaning
give that term in section 101(g).</text>
</paragraph><paragraph id="id40DC4D0BA6204966840D8EAC42CDDC3B"><enum>(3)</enum><header>Contents</header><text display-inline="yes-display-inline">The term <term>contents</term> has the
meaning given that term in section 101(n).</text>
</paragraph><paragraph id="id578674B6EC0248EFB73A0B61B1391C4C"><enum>(4)</enum><header>Electronic
communication service provider</header><text>The term <term>electronic
communication service provider</term> means—</text>
<subparagraph id="id7FB431DA2C50458C9671FF9322175148"><enum>(A)</enum><text>a
telecommunications carrier, as that term is defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153);</text>
</subparagraph><subparagraph id="id3D355F0F026C49C1A95B651544D8E0DD"><enum>(B)</enum><text>a provider of
electronic communications service, as that term is defined in section 2510 of
title 18, United States Code;</text>
</subparagraph><subparagraph id="id55A280CFC6834E6D92F3E2BB7097B0FA"><enum>(C)</enum><text>a provider of a
remote computing service, as that term is defined in section 2711 of title 18,
United States Code;</text>
</subparagraph><subparagraph id="id9C3F2D3F452140FCAA3F353727BAC405"><enum>(D)</enum><text>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;</text>
</subparagraph><subparagraph id="id7FA5A9A468C343309A853571DA19AEBD"><enum>(E)</enum><text>a parent,
subsidiary, affiliate, successor, or assignee of an entity described in
subparagraph (A), (B), (C), or (D); or</text>
</subparagraph><subparagraph id="id0A18DFFD72804E4B80BD7CC8F2F50A3A"><enum>(F)</enum><text>an officer,
employee, or agent of an entity described in subparagraph (A), (B), (C), (D),
or (E).</text>
</subparagraph></paragraph><paragraph id="idF21C05DE7E784BB3B566FA35F7937562"><enum>(5)</enum><header>Element of the
intelligence community</header><text>The term <term>element of the intelligence
community</term> means an element of the intelligence community as specified or
designated under section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).</text>
</paragraph><paragraph id="ID591f7825d325434caa08e21e19926500"><enum>(6)</enum><header>Person</header><text>The
term <term>person</term> means—</text>
<subparagraph id="id32B2D328A0ED4F1093C298696C4B6757"><enum>(A)</enum><text>an electronic
communication service provider; or</text>
</subparagraph><subparagraph id="ID92e9af7f25654425ab9fb12384aa9a95"><enum>(B)</enum><text>a landlord,
custodian, or other person who may be authorized or required to furnish
assistance pursuant to—</text>
<clause id="ID0d9fe09cbf6b416da4707ffa3598077b"><enum>(i)</enum><text>an order of the
court established under section 103(a) directing such assistance;</text>
</clause><clause id="IDa04ae31dfe0145c1ba116036062d5bb3"><enum>(ii)</enum><text>a certification
in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United
States Code; or</text>
</clause><clause id="ID67b5d03b132743218283a6713d47578f"><enum>(iii)</enum><text>a directive
under section 102(a)(4), 105B(e), as in effect on the day before the date of
the enactment of the <short-title>FISA Amendments Act of
2007</short-title> or 703(h).</text>
</clause></subparagraph></paragraph><paragraph id="ID08ba4ba0a6fe49908074ea9c31b430df"><enum>(7)</enum><header>State</header><text>The
term <term>State</term> 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.</text>
</paragraph></section><section id="IDf698c2b76f154aa1a24a35c9b2a99a70"><enum>802.</enum><header>Procedures for
implementing statutory defenses</header>
<subsection id="id77E8B2B0ECB74F1DA49B41B67994738B"><enum>(a)</enum><header>Requirement for
certification</header>
<paragraph id="idBC029E0929C743A78331639F9F243322"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Notwithstanding any
other provision of law, no civil action may 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 court that—</text>
<subparagraph id="ID3e4584f6ecd84e2297ce401e6c4bf33f"><enum>(A)</enum><text>any assistance by
that person was provided pursuant to an order of the court established under
section 103(a) directing such assistance;</text>
</subparagraph><subparagraph id="IDdf7f7afc909a41be8369e2d7b1a836ef"><enum>(B)</enum><text>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;</text>
</subparagraph><subparagraph id="ID48ef4054804846b9aedfeb63eae38911"><enum>(C)</enum><text>any assistance by
that person was provided pursuant to a directive under sections 102(a)(4),
105B(e), as in effect on the day before the date of the enactment of the
<short-title>FISA Amendments Act of 2007</short-title>, or
703(h) directing such assistance; or</text>
</subparagraph><subparagraph id="ID98b5980c850d46249b2b46765c5f7cc1"><enum>(D)</enum><text>the person did not
provide the alleged assistance.</text>
</subparagraph></paragraph><paragraph id="id0F14F0F197FB416FB204532879DD7333"><enum>(2)</enum><header>Review</header><text>A
certification made pursuant to paragraph (1) shall be subject to review by a
court for abuse of discretion.</text>
</paragraph></subsection><subsection id="ID7b67f34a5a8d42b1b9b99df20f90843c"><enum>(b)</enum><header>Limitations on
disclosure</header><text>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) would harm the national security
of the United States, the court shall—</text>
<paragraph id="ID8830026606f54062869cf735c332d2f5"><enum>(1)</enum><text>review such
certification in camera and ex parte; and</text>
</paragraph><paragraph id="IDffc2fbd860a64e6bb72a9a9b1175bf37"><enum>(2)</enum><text>limit any public
disclosure concerning such certification, including any public order following
such an ex parte review, to a statement that the conditions of subsection (a)
have been met, without disclosing the subparagraph of subsection (a)(1) that is
the basis for the certification.</text>
</paragraph></subsection><subsection id="IDb13e0bd203284f8697a34b532585d168"><enum>(c)</enum><header>Removal</header><text>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.</text>
</subsection><subsection id="ID2b76c048a2b94317bfa818f1c039fe9f"><enum>(d)</enum><header>Relationship to
other laws</header><text display-inline="yes-display-inline">Nothing in this
section may be construed to limit any otherwise available immunity, privilege,
or defense under any other provision of law.</text>
</subsection><subsection id="idE2F332E65CC943EB916AF9035E919680"><enum>(e)</enum><header>Applicability</header><text display-inline="yes-display-inline">This section shall apply to a civil action
pending on or filed after the date of enactment of the
<short-title>FISA Amendments Act of
2007</short-title>.</text>
</subsection></section>.
204.Preemption of
State investigationsTitle
VIII of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.), as
added by section 203 of this Act, is amended by adding at the end the following
new section:
803.
(a)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 StatesThe United States may bring suit to enforce the
provisions of this section.
(c)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)This section shall apply to any
investigation, action, or proceeding that is pending on or filed after the date
of enactment of the FISA Amendments Act of
2007.
.
205.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.
.
<enum>III</enum><header>Other
provisions</header>
<section id="idBDC1CE99E3BF4FA7A5264B865DF7322A"><enum>301.</enum><header>Severability</header><text display-inline="no-display-inline">If any provision of this Act, any amendment
made by this Act, or the application thereof to any person or circumstances is
held invalid, the validity of the remainder of the Act, any such amendments,
and of the application of such provisions to other persons and circumstances
shall not be affected thereby.</text>
</section><section id="id0C6E0161BC61492A85549D2069C49E66"><enum>302.</enum><header>Effective date;
repeal; transition procedures</header>
<subsection id="IDae6f782df6104fbc9bf42f71101f88d7"><enum>(a)</enum><header>In
general</header><text>Except as provided in subsection (c), the amendments made
by this Act shall take effect on the date of the enactment of this Act.</text>
</subsection><subsection id="ID3bd24b33b8dd45f19d278332ab5d6e04"><enum>(b)</enum><header>Repeal</header>
<paragraph id="idDA65BD48A9534ED981353766E450F440"><enum>(1)</enum><header>In
general</header><text>Except as provided in subsection (c), sections 105A,
105B, and 105C of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805a, 1805b, and 1805c) are repealed.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID612794cb865b481fa2b4e4fc4642d3ca"><enum>(2)</enum><header display-inline="yes-display-inline">Table of contents</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id0CBAEEC7D11543E0B2A47A07FA0B11BF"><enum>(c)</enum><header>Transitions
procedures</header>
<paragraph id="id8F975E2CADC747409477079FB57C75C6"><enum>(1)</enum><header>Protection from
liability</header><text>Notwithstanding subsection (b)(1), subsection (l) of
section 105B of the Foreign Intelligence Surveillance Act of 1978 shall remain
in effect with respect to any directives issued pursuant to such section 105B
for information, facilities, or assistance provided during the period such
directive was or is in effect.</text>
</paragraph><paragraph id="ID7fb5b0d0bd8e4abca5c75ca035d1ebbc"><enum>(2)</enum><header>Orders in
effect</header>
<subparagraph id="id4EA27C100E014C739E40A4B6B9D3D2D3"><enum>(A)</enum><header>Orders in effect
on date of enactment</header><text>Notwithstanding any other provision of this
Act or of the Foreign Intelligence Surveillance Act of 1978—</text>
<clause id="idB29C2BD45A374E98BDA24BF243676783"><enum>(i)</enum><text>any order in
effect on the date of enactment of this Act issued pursuant to the Foreign
Intelligence Surveillance Act of 1978 or section 6(b) of the Protect America
Act of 2007 (Public Law 110–55; 121 Stat. 556) shall remain in effect until the
date of expiration of such order; and</text>
</clause><clause id="idFD0D51C0C84B4FCA9713F01DE1740B39"><enum>(ii)</enum><text>at the request of
the applicant, the court established under section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) shall reauthorize
such order if the facts and circumstances continue to justify issuance of such
order under the provisions of such Act, as in effect on the day before the date
of the enactment of the Protect America Act of 2007, except as amended by
sections 102, 103, 104, 105, 106, 107, 108, and 109 of this Act.</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id0D3033D6310C4CEFAC9B42574D23F690"><enum>(B)</enum><header>Orders in effect
on December 31, 2013</header><text>Any order issued under title VII of the
Foreign Intelligence Surveillance Act of 1978, as amended by section 101 of
this Act, in effect on December 31, 2013, shall continue in effect until the
date of the expiration of such order. Any such order shall be governed by the
applicable provisions of the Foreign Intelligence Surveillance Act of 1978, as
so amended.</text>
</subparagraph></paragraph><paragraph id="ID32a22c4de7f944e486680dc72337341c"><enum>(3)</enum><header>Authorizations
and directives in effect</header>
<subparagraph id="id55E45BCAC3FA4A2D8EE3420D67E967A0"><enum>(A)</enum><header>Authorizations
and directives in effect on date of enactment</header><text>Notwithstanding any
other provision of this Act or of the Foreign Intelligence Surveillance Act of
1978, any authorization or directive in effect on the date of the enactment of
this Act issued pursuant to the Protect America Act of 2007, or any amendment
made by that Act, shall remain in effect until the date of expiration of such
authorization or directive. Any such authorization or directive shall be
governed by the applicable provisions of the Protect America Act of 2007 (121
Stat. 552), and the amendment made by that Act, and, except as provided in
paragraph (4) of this subsection, any acquisition pursuant to such
authorization or directive shall be deemed not to constitute electronic
surveillance (as that term is defined in section 101(f) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)), as construed in
accordance with section 105A of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805a)).</text>
</subparagraph><subparagraph id="id0104F89E517B4FEF8C80A975CB0FE8A6"><enum>(B)</enum><header>Authorizations
and directives in effect on December 31, 2013</header><text>Any authorization
or directive issued under title VII of the Foreign Intelligence Surveillance
Act of 1978, as amended by section 101 of this Act, in effect on December 31,
2013, shall continue in effect until the date of the expiration of such
authorization or directive. Any such authorization or directive shall be
governed by the applicable provisions of the Foreign Intelligence Surveillance
Act of 1978, as so amended, and, except as provided in section 704 of the
Foreign Intelligence Surveillance Act of 1978, as so amended, any acquisition
pursuant to such authorization or directive shall be deemed not to constitute
electronic surveillance (as that term is defined in section 101(f) of the
Foreign Intelligence Surveillance Act of 1978, to the extent that such section
101(f) is limited by section 701 of the Foreign Intelligence Surveillance Act
of 1978, as so amended).</text>
</subparagraph></paragraph><paragraph id="idBC2C8A702E1642D18A1CB0F64DCAF1F1"><enum>(4)</enum><header>Use of
information acquired under protect america act</header><text>Information
acquired from an acquisition conducted under the Protect America Act of 2007,
and the amendments made by that Act, 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 that Act (50 U.S.C. 1806), except for purposes of subsection (j) of such
section.</text>
</paragraph><paragraph id="ID0c557354a11e4371934ef71520f0d584"><enum>(5)</enum><header>New
orders</header><text>Notwithstanding any other provision of this Act or of the
Foreign Intelligence Surveillance Act of 1978—</text>
<subparagraph id="idB613CAEA2C4C48AD905901EC9BE47B17"><enum>(A)</enum><text>the government may
file an application for an order under the Foreign Intelligence Surveillance
Act of 1978, as in effect on the day before the date of the enactment of the
Protect America Act of 2007, except as amended by sections 102, 103, 104, 105,
106, 107, 108, and 109 of this Act; and</text>
</subparagraph><subparagraph id="idD3A8CBE7286B4955BACD7031EEB40552"><enum>(B)</enum><text>the court
established under section 103(a) of the Foreign Intelligence Surveillance Act
of 1978 shall enter an order granting such an application if the application
meets the requirements of such Act, as in effect on the day before the date of
the enactment of the Protect America Act of 2007, except as amended by sections
102, 103, 104, 105, 106, 107, 108, and 109 of this Act.</text>
</subparagraph></paragraph><paragraph id="idC00387EE31A64ADF807673C69D6FF048"><enum>(6)</enum><header>Extant
authorizations</header><text>At the request of the applicant, the court
established under section 103(a) of the Foreign Intelligence Surveillance Act
of 1978 shall extinguish any extant authorization to conduct electronic
surveillance or physical search entered pursuant to such Act.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id382D6BD3991341ADB31F8A4BDCD3FC30"><enum>(7)</enum><header>Applicable
provisions</header><text>Any surveillance conducted pursuant to an order
entered pursuant to this subsection shall be subject to the provisions of the
Foreign Intelligence Surveillance Act of 1978, as in effect on the day before
the date of the enactment of the Protect America Act of 2007, except as amended
by sections 102, 103, 104, 105, 106, 107, 108, and 109 of this Act.</text>
</paragraph></subsection></section>
1.Short title; table of
contents
(a)This Act may be cited
as the “Foreign Intelligence Surveillance Act
of 1978 Amendments Act of 2007” or the “FISA Amendments Act of 2007”.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
TITLE I—Foreign intelligence
surveillance
Sec. 101. Targeting the communications of
certain persons outside the United States.
Sec. 102. Statement of exclusive means by which
electronic surveillance and interception of certain communications may be
conducted.
Sec. 103. Submittal to Congress of certain
court orders under the Foreign Intelligence Surveillance Act of
1978.
Sec. 104. Applications for court
orders.
Sec. 105. Issuance of an order.
Sec. 106. Use of information.
Sec. 107. Amendments for physical
searches.
Sec. 108. Amendments for emergency pen
registers and trap and trace devices.
Sec. 109. Foreign Intelligence Surveillance
Court.
Sec. 110. Review of previous
actions.
Sec. 111. Technical and conforming
amendments.
<enum>I</enum><header>Foreign intelligence
surveillance</header>
<section id="id89d4e47b-88b1-4d80-9c94-cdf327bceac9"><enum>101.</enum><header>Targeting the
communications of certain persons outside the United States</header>
<subsection id="id5c8cf3d0-379c-46de-891b-bab322454c22"><enum>(a)</enum><header>In
general</header><text>The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended—</text>
<paragraph id="id501cef7d-f118-4840-b000-179da388d4ea"><enum>(1)</enum><text>by striking title VII;
and</text>
</paragraph><paragraph id="id5b70a77d-22ec-474e-b9c5-51b62bba2bbf"><enum>(2)</enum><text>by adding after title VI
the following new title:</text>
<quoted-block changed="added" committee-id="SJU00" display-inline="no-display-inline" id="id189fcf73-cc7c-40b4-aabf-f88465a986cf" reported-display-style="italic" style="OLC">
<title id="id07ea065f-493e-4fd5-8660-d1051677b320"><enum>VII</enum><header>Additional procedures
for targeting communications of certain persons outside the United States
</header>
<section id="idf04ad4b9-28a0-45a7-af52-7a957bbf89c4"><enum>701.</enum><header>Definitions</header><text display-inline="no-display-inline">In this title:</text>
<paragraph id="id45bbdbdb-e5b9-490d-a075-b367f9cfe207"><enum>(1)</enum><header>In
general</header><text>The terms <term>agent of a foreign power</term>,
<term>Attorney General</term>, <term>contents</term>, <term>electronic
surveillance</term>, <term>foreign intelligence information</term>,
<term>foreign power</term>, <term>minimization procedures</term>,
<term>person</term>, <term>United States</term>, and <term>United States
person</term> shall have the meanings given such terms in section 101.</text>
</paragraph><paragraph id="id0f99386d-0374-4179-b7a8-7f4f05db465e"><enum>(2)</enum><header>Additional
definitions</header>
<subparagraph id="id383dd6c5-9149-48ec-88e2-55437c76dbdf"><enum>(A)</enum><header>Congressional
intelligence committees</header><text>The term <term>congressional intelligence
committees</term> means—</text>
<clause id="id6f3482b0-3532-4b5a-a26f-4b3911dd1907"><enum>(i)</enum><text>the Select Committee on
Intelligence of the Senate; and</text>
</clause><clause id="id80c612f7-5a4e-4ed4-a3e7-2c12b73c7ee8"><enum>(ii)</enum><text>the Permanent Select
Committee on Intelligence of the House of Representatives.</text>
</clause></subparagraph><subparagraph id="idae488317-756f-4561-bb22-a657a3ef55d6"><enum>(B)</enum><header>Foreign Intelligence
Surveillance Court; Court</header><text>The terms <term>Foreign Intelligence
Surveillance Court</term> and <term>Court</term> mean the court established by
section 103(a).</text>
</subparagraph><subparagraph id="id894d4885-6bea-4407-ac2f-c2ce746a6fcb"><enum>(C)</enum><header>Foreign Intelligence
Surveillance Court of Review; Court of Review</header><text>The terms
<term>Foreign Intelligence Surveillance Court of Review</term> and <term>Court
of Review</term> mean the court established by section 103(b).</text>
</subparagraph><subparagraph id="idea6b0150-3bfc-476c-82f0-ecc657ede16e"><enum>(D)</enum><header>Electronic
communication service provider</header><text>The term <term>electronic
communication service provider</term> means—</text>
<clause id="idf8eacc8a-8a56-43c4-b17e-0c5988e181d3"><enum>(i)</enum><text>a telecommunications
carrier, as that term is defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153);</text>
</clause><clause id="id4ae5f5cd-b701-40e4-a506-7766f4b33eb7"><enum>(ii)</enum><text>a provider of electronic
communications service, as that term is defined in section 2510 of title 18,
United States Code;</text>
</clause><clause id="ide58572b7-3f58-4e1c-8f35-091e3bd8fa80"><enum>(iii)</enum><text>a provider of a remote
computing service, as that term is defined in section 2711 of title 18, United
States Code;</text>
</clause><clause id="idda47fae3-a5bf-465d-b439-de669d6338f0"><enum>(iv)</enum><text>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</text>
</clause><clause id="id58143d86-3979-42ab-bfa2-ad4c9e498239"><enum>(v)</enum><text>an officer, employee, or
agent of an entity described in clause (i), (ii), (iii), or (iv).</text>
</clause></subparagraph><subparagraph id="id55e358f9-4ecc-437f-a0ee-47d6326067a0"><enum>(E)</enum><header>Element of the
intelligence community</header><text>The term <term>element of the intelligence
community</term> means an element of the intelligence community specified in or
designated under section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).</text>
</subparagraph></paragraph></section><section id="idb4f27d33-902a-47f5-a9ca-b5855aaea46f"><enum>702.</enum><header>Procedures for
acquiring the communications of certain persons outside the United
States</header>
<subsection id="id4090e250-7e4a-4e32-adc3-7a757b111271"><enum>(a)</enum><header>Authorization</header><text>Notwithstanding
any other provision of law, including title I, the Attorney General and the
Director of National Intelligence may authorize jointly, for periods of up to 1
year, the targeting of persons reasonably believed to be located outside the
United States to acquire foreign intelligence information.</text>
</subsection><subsection id="id1fb4db99-58d0-4c93-9a7b-539d9d2b80ba"><enum>(b)</enum><header>Limitations</header><text>An
acquisition authorized under subsection (a)—</text>
<paragraph id="idd765bd93-07e4-4b09-a1c0-f2e6520b4f4e"><enum>(1)</enum><text>may not intentionally
target any person known at the time of acquisition to be located in the United
States;</text>
</paragraph><paragraph id="ID6cee7022af4b481c970b591ea9308583"><enum>(2)</enum><text>may not intentionally
target a person reasonably believed to be outside the United States if a
significant purpose of such acquisition is to acquire the communications of a
specific person reasonably believed to be located in the United States, except
in accordance with title I; and</text>
</paragraph><paragraph id="id0a0a7507-3c1b-4213-a988-0cc966252e50"><enum>(3)</enum><text>shall be conducted in a
manner consistent with the fourth amendment to the Constitution of the United
States.</text>
</paragraph></subsection><subsection id="ID87da0e90b88f49dfb827817e65a582e3"><enum>(c)</enum><header>United States persons
located outside the United States</header>
<paragraph id="idDA31B50EC18A405AA3C2B94EBEC658FC"><enum>(1)</enum><header>Acquisition inside the
United States of United States persons outside the United States</header><text display-inline="yes-display-inline">An acquisition authorized under subsection
(a) that constitutes electronic surveillance and occurs inside the United
States may not intentionally target a United States person reasonably believed
to be outside the United States, except in accordance with the procedures under
title I.</text>
</paragraph><paragraph id="ID0a28508989e94feaa2cc1111407ee925"><enum>(2)</enum><header>Acquisition outside the
United States of United States persons outside the United States</header>
<subparagraph id="ID76ce87e8b62444f1ae29be968a71feeb"><enum>(A)</enum><header>In
general</header><text>An acquisition by an electronic, mechanical, or other
surveillance device outside the United States may not intentionally target a
United States person reasonably believed to be outside the United States to
acquire the contents of a wire or radio communication sent by or intended to be
received by that United States person under circumstances in which a person has
reasonable expectation of privacy and a warrant would be required for law
enforcement purposes if the technique were used inside the United States
unless—</text>
<clause id="IDf99e73c1d6a4449d8f70409b2a7a05c9"><enum>(i)</enum><text>the Foreign Intelligence
Surveillance Court has entered an order approving electronic surveillance of
that United States person under section 105, or in the case of an emergency
situation, electronic surveillance against the target is being conducted in a
manner consistent with title I; or</text>
</clause><clause id="ID253c7344bde34a13921c364951805d68"><enum>(ii)</enum><subclause commented="no" display-inline="yes-display-inline" id="id359FC95D18EF406D93651E8FD6C0244C"><enum>(I)</enum><text>the Foreign
Intelligence Surveillance Court has entered a order under subparagraph (B) that
there is probable cause to believe that the United States person is a foreign
power or an agent of a foreign power;</text>
</subclause><subclause changed="added" committee-id="SJU00" id="id7CCAFC63BDE84E27ACEF67B93C5A5146" indent="up1" reported-display-style="italic"><enum>(II)</enum><text>the Attorney General has
established minimization procedures for that acquisition that meet the
definition of minimization procedures under section 101(h); and</text>
</subclause><subclause changed="added" committee-id="SJU00" id="id3E2BC4A7D4044506991B7ADB205B185A" indent="up1" reported-display-style="italic"><enum>(III)</enum><text>the dissemination
provisions of the minimization procedures described in subclause (II) have been
approved under subparagraph (C).</text>
</subclause></clause></subparagraph><subparagraph id="ID79baa2f1eff0404e9049d11d0e8f71bc"><enum>(B)</enum><header>Probable cause
determination; review</header>
<clause id="idF995592280684C5AAD3650F0F3481207"><enum>(i)</enum><header>In
general</header><text>The Attorney General may submit to the Foreign
Intelligence Surveillance Court the determination of the Attorney General,
together with any supporting affidavits, that a United States person who is
outside the United States is a foreign power or an agent of a foreign
power.</text>
</clause><clause id="id435AB8FD06684388A0B4F3009B5C4986"><enum>(ii)</enum><header>Review</header><text>The
Court shall review, any probable cause determination submitted by the Attorney
General under this subparagraph. The review under this clause shall be limited
to whether, on the basis of the facts submitted by the Attorney General, there
is probable cause to believe that the United States person who is outside the
United States is a foreign power or an agent of a foreign power.</text>
</clause><clause id="id350F4C622AD14EA1B921B84F2430A3BB"><enum>(iii)</enum><header>Order</header><text>If
the Court, after conducting a review under clause (ii), determines that there
is probable cause to believe that the United States person is a foreign power
or an agent of a foreign power, the court shall issue an order approving the
acquisition. An order under this clause shall be effective for 90 days, and may
be renewed for additional 90-day periods.</text>
</clause><clause id="idC61B44F7ABA24988BFE0E88233C745FF"><enum>(iv)</enum><header>No probable
cause</header><text>If the Court, after conducting a review under clause (ii),
determines that there is not probable cause to believe that a United States
person is a foreign power or an agent of a foreign power, it shall enter an
order so stating and provide a written statement for the record of the reasons
for such determination. The Government may appeal an order under this clause to
the Foreign Intelligence Surveillance Court of Review.</text>
</clause></subparagraph><subparagraph id="ID6a1cbef720f0437ba2e5c31643f7f76b"><enum>(C)</enum><header>Review of minimization
procedures</header>
<clause id="id4473140389C5402BACBDF61CFFFD9087"><enum>(i)</enum><header>In
general</header><text>The Foreign Intelligence Surveillance Court shall review
the minimization procedures applicable to dissemination of information obtained
through an acquisition authorized under subparagraph (A) to assess whether such
procedures meet the definition of minimization procedures under section 101(h)
with respect to dissemination.</text>
</clause><clause id="id7FF305F7B9F045D4B553760CC37AB2CC"><enum>(ii)</enum><header>Review</header><text>The
Court shall issue an order approving the procedures applicable to dissemination
as submitted or as modified to comply with section 101(h).</text>
</clause><clause commented="no" id="idE6B21AD65C9649038550680718DDCF52"><enum>(iii)</enum><header>Procedures do not
meet definition</header><text>If the Court determines that the procedures
applicable to dissemination of information obtained through an acquisition
authorized under subparagraph (A) do not meet the definition of minimization
procedures under section 101(h) with respect to dissemination, it shall enter
an order so stating and provide a written statement for the record of the
reasons for such determination. The Government may appeal an order under this
clause to the Foreign Intelligence Surveillance Court of Review.</text>
</clause></subparagraph><subparagraph commented="no" id="ID28dd3e09de414731a0de23041225a9dc"><enum>(D)</enum><header>Emergency
procedures</header>
<clause commented="no" id="idA71C3BE06C8B439385A58EBA46D9061B"><enum>(i)</enum><header>In
general</header><text>Notwithstanding any other provision of this paragraph,
the Attorney General may authorize the emergency employment of an acquisition
under subparagraph (A) if the Attorney General—</text>
<subclause commented="no" id="idBAA88CF6B92F424C8B3B3DC1CC85DFA9"><enum>(I)</enum><text>reasonably determines
that—</text>
<item id="IDb70cf4b0c92745a79487a5e760d48a3f"><enum>(aa)</enum><text>an emergency situation
exists with respect to the employment of an acquisition under subparagraph (A)
before a determination of probable cause can with due diligence be obtained;
and</text>
</item><item id="ID13c47ee384494f1f9181ae1e2cfbf9d4"><enum>(bb)</enum><text>the factual basis for
issuance of a determination under subparagraph (B) to approve such an
acquisition exists;</text>
</item></subclause><subclause id="id809579E4EC9E4567ACAFCBD40C2C72B4"><enum>(II)</enum><text>informs a judge of the
Foreign Intelligence Surveillance Court at the time of such authorization that
the decision has been made to employ an emergency acquisition;</text>
</subclause><subclause id="id45EE745723D84E9896A776433252215B"><enum>(III)</enum><text>submits a request in
accordance with subparagraph (B) to the judge notified under subclause (II) as
soon as practicable, but later than 72 hours after the Attorney General
authorizes such an acquisition; and</text>
</subclause><subclause id="id892E2413C1DC4B9CB249E33B5D790DD4"><enum>(IV)</enum><text>requires that
minimization procedures meeting the definition of minimization procedures under
section 101(h) be followed.</text>
</subclause></clause><clause id="idFCD5BB69727144499FA3127B9999A760"><enum>(ii)</enum><header>Termination</header><text>In
the absence of a judicial determination finding probable cause to believe that
the United States person that is the subject of an emergency employment of an
acquisition under clause (i) is a foreign power or an agent of a foreign power,
the emergency employment of an acquisition under clause (i) shall terminate
when the information sought is obtained, when the request for a determination
is denied, or after the expiration of 72 hours from the time of authorization
by the Attorney General, whichever is earliest.</text>
</clause><clause id="idF189C67F19B942C3A56FD79B45FA4053"><enum>(iii)</enum><header>Use of
information</header><text>If the Court determines that there is not probable
cause to believe that a United States is a foreign power or an agent of a
foreign power in response to a request for a determination under clause
(i)(III), or in any other case where the emergency employment of an acquisition
under this subparagraph is terminated and no determination finding probable
cause is issued, no information obtained or evidence derived from such
acquisition 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.</text>
</clause></subparagraph></paragraph><paragraph id="IDbbc5da994a244525abfd4ad7c035e58c"><enum>(3)</enum><header>Procedures</header>
<subparagraph id="ID4456d96bdcf6458989ae7b09edac2c34"><enum>(A)</enum><header>Submittal to foreign
intelligence surveillance court</header><text>Not later than 30 days after the
date of the enactment of the <short-title>FISA Amendments
Act of 2007</short-title>, the Attorney General shall submit to the Foreign
Intelligence Surveillance Court the procedures to be used in determining
whether a target reasonably believed to be outside the United States is a
United States person.</text>
</subparagraph><subparagraph id="ID4536e218f1dc45148fe19eef140ae705"><enum>(B)</enum><header>Review by foreign
intelligence surveillance court</header><text>The Foreign Intelligence
Surveillance Court shall review, the procedures submitted under subparagraph
(A), and shall approve those procedures if they are reasonably designed to
determine whether a target reasonably believed to be outside the United States
is a United States person. If the Court concludes otherwise, the Court shall
enter an order so stating and provide a written statement for the record of the
reasons for such determination. The Government may appeal such an order to the
Foreign Intelligence Surveillance Court of Review.</text>
</subparagraph><subparagraph id="IDf01d5a7486e14cb381c4151a8d90d58e"><enum>(C)</enum><header>Use in
targeting</header><text>Any targeting of persons reasonably believed to be
located outside the United States shall use the procedures approved by the
Foreign Intelligence Surveillance Court under subparagraph (B). Any new or
amended procedures may be used with respect to the targeting of persons
reasonably believed to be located outside the United States upon approval of
the new or amended procedures by the Court, which shall review such procedures
under paragraph (B).</text>
</subparagraph></paragraph><paragraph id="ID9c4b439c7eca4d97a33c2f443d621aa0"><enum>(4)</enum><header>Transition procedures
concerning the targeting of United States persons overseas</header><text>Any
authorization in effect on the date of enactment of the
<short-title>FISA Amendments Act of 2007</short-title>
under section 2.5 of Executive Order 12333 to intentionally target a United
States person reasonably believed to be located outside the United States, to
acquire the contents of a wire or radio communication sent by or intended to be
received by that United States person, shall remain in effect, and shall
constitute a sufficient basis for conducting such an acquisition of a United
States person located outside the United States, until that authorization
expires or 90 days after the date of enactment of the
<short-title>FISA Amendments Act of 2007</short-title>,
whichever is earlier.</text>
</paragraph></subsection><subsection id="id40a42cfd-b196-4adb-886a-e01fd163ccf5"><enum>(d)</enum><header>Conduct of
acquisition</header><text>An acquisition authorized under subsection (a) may be
conducted only in accordance with—</text>
<paragraph id="id6f4f9ff4-bcbe-453e-b788-652d23f5af2d"><enum>(1)</enum><text>a certification made by
the Attorney General and the Director of National Intelligence pursuant to
subsection (g); and</text>
</paragraph><paragraph id="id4e1d9cb7-6d32-4321-a4a8-07a3a22c5c1f"><enum>(2)</enum><text>the targeting and
minimization procedures required pursuant to subsections (e) and (f).</text>
</paragraph></subsection><subsection id="id172099e7-5b3f-4fdb-b3e8-78f6c24b1cf2"><enum>(e)</enum><header>Targeting
procedures</header>
<paragraph id="id6568a1b8-4a91-478a-97b8-53868c2b83da"><enum>(1)</enum><header>Requirement to
adopt</header><text>The Attorney General, in consultation with the Director of
National Intelligence, shall adopt targeting procedures that are reasonably
designed to ensure that any acquisition authorized under subsection (a) is
limited to targeting persons reasonably believed to be located outside the
United States, and that an application is filed under title I, if otherwise
required, when a significant purpose of an acquisition authorized under
subsection (a) is to acquire the communications of a specific person reasonably
believed to be located in the United States.</text>
</paragraph><paragraph id="id21548e51-1847-43cd-87a5-bfd7f5ef91d6"><enum>(2)</enum><header>Judicial
review</header><text>The procedures referred to in paragraph (1) shall be
subject to judicial review pursuant to subsection (i).</text>
</paragraph></subsection><subsection id="idc4b5a293-d258-4a6f-8f8b-f48843638206"><enum>(f)</enum><header>Minimization
procedures</header>
<paragraph id="id3680bda6-1a51-4a55-8440-fd71402e26c6"><enum>(1)</enum><header>Requirement to
adopt</header><text>The Attorney General, in consultation with the Director of
National Intelligence, shall adopt, consistent with the requirements of section
101(h), minimization procedures for acquisitions authorized under subsection
(a).</text>
</paragraph><paragraph id="id22f4e50a-145c-4a7c-8f3a-64857b8b3163"><enum>(2)</enum><header>Judicial
review</header><text>The minimization procedures required by this subsection
shall be subject to judicial review pursuant to subsection (i).</text>
</paragraph></subsection><subsection id="ida586fb31-34ab-4dd4-8c8c-00ede43468d1"><enum>(g)</enum><header>Certification</header>
<paragraph id="id1be10384-a3a1-42c5-a9b9-4298976536a3"><enum>(1)</enum><header>In general</header>
<subparagraph id="id9122a7d2-1475-4d18-bf3a-49b8d40ab7a5"><enum>(A)</enum><header>Requirement</header><text>Subject
to subparagraph (B), prior to the initiation of an acquisition authorized under
subsection (a), the Attorney General and the Director of National Intelligence
shall provide, under oath, a written certification, as described in this
subsection.</text>
</subparagraph><subparagraph id="id7897484b-b5c6-4e73-9856-53169cc31e9f"><enum>(B)</enum><header>Exception</header><text>If
the Attorney General and the Director of National Intelligence determine that
immediate action by the Government is required and time does not permit the
preparation of a certification under this subsection prior to the initiation of
an acquisition, the Attorney General and the Director of National Intelligence
shall prepare such certification, including such determination, as soon as
possible but in no event more than 168 hours after such determination is
made.</text>
</subparagraph></paragraph><paragraph id="id4b8282b6-362f-4829-b428-b1720fc628c8"><enum>(2)</enum><header>Requirements</header><text>A
certification made under this subsection shall—</text>
<subparagraph id="idd980f2de-b3da-432e-9af6-55e92b034e58"><enum>(A)</enum><text>attest that—</text>
<clause id="id0306296a-437c-4517-9bd9-02ee0bcc0ced"><enum>(i)</enum><text>there are reasonable
procedures in place for determining that the acquisition authorized under
subsection (a) is targeted at persons reasonably believed to be located outside
the United States and that such procedures have been approved by, or will
promptly be submitted for approval by, the Foreign Intelligence Surveillance
Court pursuant to subsection (i);</text>
</clause><clause id="id561496b5-7d4b-40f3-991b-4e95eb402906"><enum>(ii)</enum><text>the procedures referred
to in clause (i) are consistent with the requirements of the fourth amendment
to the Constitution of the United States and do not permit the intentional
targeting of any person who is known at the time of acquisition to be located
in the United States;</text>
</clause><clause id="id06678BD45562473480B3D495580EEAF9"><enum>(iii)</enum><text>the procedures referred
to in clause (i) require that an application is filed under title I, if
otherwise required, when a significant purpose of an acquisition authorized
under subsection (a) is to acquire the communications of a specific person
reasonably believed to be located in the United States;</text>
</clause><clause id="id9f24cc97-f6b4-4c7d-af82-216325458732"><enum>(iv)</enum><text>a significant purpose of
the acquisition is to obtain foreign intelligence information;</text>
</clause><clause id="id37ac335a-5918-4abc-8f75-05fae654c022"><enum>(v)</enum><text>the minimization
procedures to be used with respect to such acquisition—</text>
<subclause id="idb7373be2-6a81-44fd-b01b-8e22cb1cf609"><enum>(I)</enum><text>meet the definition of
minimization procedures under section 101(h); and</text>
</subclause><subclause id="id80c0b2f8-d0c8-4eb9-b21c-440f56780c54"><enum>(II)</enum><text>have been approved by,
or will promptly be submitted for approval by, the Foreign Intelligence
Surveillance Court pursuant to subsection (i);</text>
</subclause></clause><clause id="id35ceb694-e784-479a-95f4-079537a37e51"><enum>(vi)</enum><text>the acquisition involves
obtaining the foreign intelligence information from or with the assistance of
an electronic communication service provider; and</text>
</clause><clause id="ID86a1a4ed7a7f4356b24b4e9d799ccb9f"><enum>(vii)</enum><text>the acquisition is
limited to communications to which at least 1 party is a specific individual
target who is reasonably believed to be located outside of the United States,
and a significant purpose of the acquisition of the communications of any
target is to obtain foreign intelligence information; and</text>
</clause></subparagraph><subparagraph id="id18020544-8c85-49bf-b126-026df086e261"><enum>(B)</enum><text>be supported, as
appropriate, by the affidavit of any appropriate official in the area of
national security who is—</text>
<clause id="id08655e4f-d539-4d14-8585-cc04fa431d71"><enum>(i)</enum><text>appointed by the
President, by and with the consent of the Senate; or</text>
</clause><clause id="idf73e9932-8f73-435f-8a59-4827d7cc272e"><enum>(ii)</enum><text>the head of any element
of the intelligence community.</text>
</clause></subparagraph></paragraph><paragraph id="id705a17e1-c7c4-4a24-8fbd-2522039594a1"><enum>(3)</enum><header>Limitation</header><text>A
certification made under this subsection is not required to identify the
specific facilities, places, premises, or property at which the acquisition
authorized under subsection (a) will be directed or conducted.</text>
</paragraph><paragraph id="idfd87242c-ea09-415f-9d04-f18e3abe8ef6"><enum>(4)</enum><header>Submission to the
Court</header><text>The Attorney General shall transmit a copy of a
certification made under this subsection, and any supporting affidavit, under
seal to the Foreign Intelligence Surveillance Court as soon as possible, but in
no event more than 5 days after such certification is made. Such certification
shall be maintained under security measures adopted by the Chief Justice of the
United States and the Attorney General, in consultation with the Director of
National Intelligence.</text>
</paragraph><paragraph id="id9154923b-e6c6-4662-9bc7-ffca5dc6fe11"><enum>(5)</enum><header>Review</header><text>The
certification required by this subsection shall be subject to judicial review
pursuant to subsection (i).</text>
</paragraph></subsection><subsection id="idb5877524-e43b-4307-8861-8dd8ddfaebda"><enum>(h)</enum><header>Directives</header>
<paragraph id="id29efd185-082a-40e1-8d02-c9d68ec74092"><enum>(1)</enum><header>Authority</header><text>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—</text>
<subparagraph id="ide3e36dce-ed33-4b02-9df6-29f99ae96c18"><enum>(A)</enum><text>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;
and</text>
</subparagraph><subparagraph id="id20411e0f-98c0-4e10-9223-b504371863c8"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="id47cd94a2-7dbd-4698-a96c-7a772cfbd6b5"><enum>(2)</enum><header>Compensation</header><text>The
Government shall compensate, at the prevailing rate, an electronic
communication service provider for providing information, facilities, or
assistance pursuant to paragraph (1).</text>
</paragraph><paragraph id="id90051c05-3ddc-4d36-aa0f-c6ff1a78848f"><enum>(3)</enum><header>Release from
liability</header><text>Notwithstanding any other law, no cause of action shall
lie in any court against any electronic communication service provider for
providing any information, facilities, or assistance in accordance with a
directive issued pursuant to paragraph (1).</text>
</paragraph><paragraph id="id372c9279-9eec-4c8a-964b-2b99dff09bea"><enum>(4)</enum><header>Challenging of
directives</header>
<subparagraph id="id1ac2b321-b26d-4098-815e-82f6bc098d6f"><enum>(A)</enum><header>Authority to
challenge</header><text>An electronic communication service provider receiving
a directive issued pursuant to paragraph (1) may challenge the directive by
filing a petition with the Foreign Intelligence Surveillance Court.</text>
</subparagraph><subparagraph id="idd98e1892-a9c4-4d78-9858-a9765390ed47"><enum>(B)</enum><header>Assignment</header><text>The
presiding judge of the Court shall assign the petition filed under subparagraph
(A) to 1 of the judges serving in the pool established by section 103(e)(1) not
later than 24 hours after the filing of the petition.</text>
</subparagraph><subparagraph id="ida5fff095-dce6-4c02-a619-3ffb555daff9"><enum>(C)</enum><header>Standards for
review</header><text>A judge considering a petition to modify or set aside a
directive may grant such petition only if the judge finds that the directive
does not meet the requirements of this section or is otherwise unlawful. If the
judge does not modify or set aside the directive, the judge shall immediately
affirm such directive, and order the recipient to comply with the directive.
The judge shall provide a written statement for the record of the reasons for a
determination under this paragraph.</text>
</subparagraph><subparagraph id="iddfb5e2a7-caa3-410e-a811-ba2987e60334"><enum>(D)</enum><header>Continued
effect</header><text>Any directive not explicitly modified or set aside under
this paragraph shall remain in full effect.</text>
</subparagraph></paragraph><paragraph id="idc73da047-7d9a-441b-bcfb-211debaab74d"><enum>(5)</enum><header>Enforcement of
directives</header>
<subparagraph id="id914c3d96-ae57-4465-aebf-d9e48b8d726b"><enum>(A)</enum><header>Order to
compel</header><text>In the case of a failure to comply with a directive issued
pursuant to paragraph (1), the Attorney General may file a petition for an
order to compel compliance with the directive with the Foreign Intelligence
Surveillance Court.</text>
</subparagraph><subparagraph id="idd54c0955-8d2a-4771-96a8-e88012154959"><enum>(B)</enum><header>Assignment</header><text>The
presiding judge of the Court shall assign a petition filed under subparagraph
(A) to 1 of the judges serving in the pool established by section 103(e)(1) not
later than 24 hours after the filing of the petition.</text>
</subparagraph><subparagraph id="id4a66ac91-a895-422d-ac30-8c8463b4d209"><enum>(C)</enum><header>Standards for
review</header><text>A judge considering a petition shall issue an order
requiring the electronic communication service provider to comply with the
directive if the judge finds that the directive was issued in accordance with
paragraph (1), 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.</text>
</subparagraph><subparagraph id="id59363ca4-ef86-4537-af81-7aaeea0c6c1e"><enum>(D)</enum><header>Contempt of
court</header><text>Failure to obey an order of the Court issued under this
paragraph may be punished by the Court as contempt of court.</text>
</subparagraph><subparagraph id="id80e63565-1cda-48e6-9007-914d86100256"><enum>(E)</enum><header>Process</header><text>Any
process under this paragraph may be served in any judicial district in which
the electronic communication service provider may be found.</text>
</subparagraph></paragraph><paragraph id="idb7a3aba3-37fd-4205-bfa4-4e5307c90837"><enum>(6)</enum><header>Appeal</header>
<subparagraph id="idb482fada-105e-41bc-9c86-8336cb02c642"><enum>(A)</enum><header>Appeal to the Court of
Review</header><text>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 the decision issued pursuant to paragraph (4) or (5) not later than 7 days
after the issuance of such decision. The Court of Review shall have
jurisdiction to consider such a petition and shall provide a written statement
for the record of the reasons for a decision under this paragraph.</text>
</subparagraph><subparagraph id="id4d8a61a4-314d-4d8d-97ac-be6c6b40ca7b"><enum>(B)</enum><header>Certiorari to the
Supreme Court</header><text>The Government or an electronic communication
service provider receiving a directive issued pursuant to paragraph (1) may
file a petition for a writ of certiorari for review of the decision of the
Court of Review issued under subparagraph (A). The record for such review shall
be transmitted under seal to the Supreme Court of the United States, which
shall have jurisdiction to review such decision.</text>
</subparagraph></paragraph></subsection><subsection id="id5e69a824-de3f-4db5-bef7-56dd6e4e258d"><enum>(i)</enum><header>Judicial
review</header>
<paragraph id="idb895e219-9629-48ba-a98c-8606e3b8d7ae"><enum>(1)</enum><header>In general</header>
<subparagraph id="ida477c315-f8a4-475e-918b-114c17714ef0"><enum>(A)</enum><header>Review by the Foreign
Intelligence Surveillance Court</header><text>The Foreign Intelligence
Surveillance Court shall have jurisdiction to review any certification required
by subsection (d) or targeting and minimization procedures adopted pursuant to
subsections (e) and (f).</text>
</subparagraph><subparagraph id="ide2422575-e9aa-41b2-ae59-1084fa728c56"><enum>(B)</enum><header>Submission to the
Court</header><text>The Attorney General shall submit to the Court any such
certification or procedure, or amendment thereto, not later than 5 days after
making or amending the certification or adopting or amending the
procedures.</text>
</subparagraph></paragraph><paragraph id="id21e0298a-58c8-400a-a723-29046fbf0b61"><enum>(2)</enum><header>Certifications</header><text>The
Court shall review a certification provided under subsection (g) to determine
whether the certification contains all the required elements.</text>
</paragraph><paragraph id="id0fe1be44-5bc3-4285-914c-3bc4b9fef2ab"><enum>(3)</enum><header>Targeting
procedures</header><text>The Court shall review the targeting procedures
required by subsection (e) to assess whether the procedures are reasonably
designed to ensure that the acquisition authorized under subsection (a) is
limited to the targeting of persons reasonably believed to be located outside
the United States, and are reasonably designed to ensure that an application is
filed under title I, if otherwise required, when a significant purpose of an
acquisition authorized under subsection (a) is to acquire the communications of
a specific person reasonably believed to be located in the United
States.</text>
</paragraph><paragraph id="idbe9bc3f3-1446-45d2-b599-ce970d83eafa"><enum>(4)</enum><header>Minimization
procedures</header><text>The Court shall review the minimization procedures
required by subsection (f) to assess whether such procedures meet the
definition of minimization procedures under section 101(h).</text>
</paragraph><paragraph id="idaafb480b-6721-43ab-932d-f055f2744419"><enum>(5)</enum><header>Orders</header>
<subparagraph id="id06ca8863-d6a4-4e58-86aa-5c9edc4c1adb"><enum>(A)</enum><header>Approval</header><text>If
the Court finds that a certification required by subsection (g) contains all of
the required elements and that the targeting and minimization procedures
required by subsections (e) and (f) 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 continued use of
the procedures for the acquisition authorized under subsection (a).</text>
</subparagraph><subparagraph id="idf64b78df-c0f1-4138-a5a4-2019829e538d"><enum>(B)</enum><header>Correction of
deficiencies</header>
<clause id="id09D6D1DB4D434C369DAEB1B0F77064E1"><enum>(i)</enum><header>In
general</header><text>If the Court finds that a certification required by
subsection (g) does not contain all of the required elements, or that the
procedures required by subsections (e) and (f) 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—</text>
<subclause id="id9e3a9814-8120-420a-940f-7655978eb8d6"><enum>(I)</enum><text>correct any deficiency
identified by the Court’s order not later than 30 days after the date the Court
issues the order; or</text>
</subclause><subclause id="id8ac7b318-60c8-457a-9dc5-7022a936e3a4"><enum>(II)</enum><text>cease the acquisition
authorized under subsection (a).</text>
</subclause></clause><clause id="ID922c36041a47435d94baaa3cf7490678"><enum>(ii)</enum><header>Limitation on use of
information</header>
<subclause id="idC1524E210F0F4DE2853CC16E40A0E3FE"><enum>(I)</enum><header>In
general</header><text>Except as provided in subclause (II), no information
obtained or evidence derived from an acquisition under clause (i)(I) 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.</text>
</subclause><subclause id="ID14f2fb5b02db47e4bc5baed2e84215a4"><enum>(II)</enum><header>Exception</header><text>If
the Government corrects any deficiency identified by the Court's order under
clause (i), the Court may permit the use or disclosure of information acquired
before the date of the correction pursuant to such minimization procedures as
the Court shall establish for purposes of this clause.</text>
</subclause></clause></subparagraph><subparagraph id="id1c0166b4-e97d-450c-838d-80a069e65f6d"><enum>(C)</enum><header>Requirement for written
statement</header><text>In support of its orders under this subsection, the
Court shall provide, simultaneously with the orders, for the record a written
statement of its reasons.</text>
</subparagraph></paragraph><paragraph id="idd536e1dd-80f3-4c05-8c78-a0f883754200"><enum>(6)</enum><header>Appeal</header>
<subparagraph id="id07fe1dac-43de-4bf9-84a7-08352d85719e"><enum>(A)</enum><header>Appeal to the Court of
Review</header><text>The Government may appeal any order under this section to
the Foreign Intelligence Surveillance Court of Review, which shall have
jurisdiction to review such order. For any decision affirming, reversing, or
modifying an order of the Foreign Intelligence Surveillance Court, the Court of
Review shall provide for the record a written statement of its reasons.</text>
</subparagraph><subparagraph id="ID75f9fa09e7f641258e4de5a4a6fd4b83"><enum>(B)</enum><header>Stay pending
appeal</header><text>The Government may move for a stay of any order of the
Foreign Intelligence Surveillance Court under paragraph (5)(B)(i) pending
review by the Court en banc or pending appeal to the Foreign Intelligence
Surveillance Court of Review.</text>
</subparagraph><subparagraph id="id707713fa-c84a-4a16-87ff-a9f78727bd2d"><enum>(C)</enum><header>Certiorari to the
Supreme Court</header><text>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.</text>
</subparagraph></paragraph><paragraph id="IDb29255d335614939812d084eb9705666"><enum>(7)</enum><header>Compliance
review</header><text>The Court may review and assess compliance with the
minimization procedures submitted to the Court pursuant to subsections (c) and
(f) by reviewing the semiannual assessments submitted by the Attorney General
and the Director of National Intelligence pursuant to subsection (l)(1) with
respect to compliance with minimization procedures. In conducting a review
under this paragraph, the Court may, to the extent necessary, require the
Government to provide additional information regarding the acquisition,
retention, or dissemination of information concerning United States persons
during the course of an acquisition authorized under subsection (a).</text>
</paragraph><paragraph id="ID1f2476db3d7444b9bca8eac5dc5e48e6"><enum>(8)</enum><header>Remedial
authority</header><text>The Foreign Intelligence Surveillance Court shall have
authority to fashion remedies as necessary to enforce—</text>
<subparagraph id="ID0b39a26add6c4d339c73022fad1c15d5"><enum>(A)</enum><text>any order issued under
this section; and</text>
</subparagraph><subparagraph id="ID993031dce4a84890beb9ecf12ba759c0"><enum>(B)</enum><text>compliance with any such
order.</text>
</subparagraph></paragraph></subsection><subsection id="id229891fe-f43e-459d-a8ea-524a049d1a26"><enum>(j)</enum><header>Judicial
proceedings</header><text>Judicial proceedings under this section shall be
conducted as expeditiously as possible.</text>
</subsection><subsection id="id80ede833-1849-48fd-858f-e5142df5c552"><enum>(k)</enum><header>Maintenance of
records</header>
<paragraph id="idc5f0de39-0f51-41e3-8a74-9f92162feafa"><enum>(1)</enum><header>Standards</header><text>A
record of a proceeding under this section, including petitions filed, orders
granted, and statements of reasons for decision, shall be maintained under
security measures adopted by the Chief Justice of the United States, in
consultation with the Attorney General and the Director of National
Intelligence.</text>
</paragraph><paragraph id="idf7e5f5e9-e553-4bdb-ab47-46a26e3525a9"><enum>(2)</enum><header>Filing and
review</header><text>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.</text>
</paragraph><paragraph id="iddb9487ed-4997-4ec3-a19d-beea05655d25"><enum>(3)</enum><header>Retention of
records</header><text>A directive made or an order granted under this section
shall be retained for a period of not less than 10 years from the date on which
such directive or such order is made.</text>
</paragraph></subsection><subsection id="id72fc5198-f333-4b51-86b7-fd3cd897f962"><enum>(l)</enum><header>Oversight</header>
<paragraph id="ID80fdd98329f647dfa17155f0ba85b8a5"><enum>(1)</enum><header>Semiannual
assessment</header><text>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 required by subsections (c),
(e), and (f) and shall submit each such assessment to—</text>
<subparagraph id="ID6babc51cb28b47fca8cdf988ca55e0b6"><enum>(A)</enum><text>the Foreign Intelligence
Surveillance Court; and</text>
</subparagraph><subparagraph id="IDd085e60bf7794cb3b06f079840fcfd10"><enum>(B)</enum><text>the congressional
intelligence committees.</text>
</subparagraph></paragraph><paragraph id="ID398677106faf445998f151e2579b4022"><enum>(2)</enum><header>Agency
assessment</header><text>The Inspectors General of the Department of Justice
and of any element of the intelligence community authorized to acquire foreign
intelligence information under subsection (a)—</text>
<subparagraph id="ID622d099cc7c94743afcf787d3c74f561"><enum>(A)</enum><text>are authorized to review
the compliance of their agency or element with the targeting and minimization
procedures required by subsections (c), (e), and (f);</text>
</subparagraph><subparagraph id="id9575f2a9-96bf-4d38-a364-76f668137f65"><enum>(B)</enum><text>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;</text>
</subparagraph><subparagraph id="ida9864570-2fcd-4ae1-8140-00b775480b12"><enum>(C)</enum><text>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 the
number of persons located in the United States whose communications were
reviewed; and</text>
</subparagraph><subparagraph id="idcde6579f-a020-4288-8610-1be94306d741"><enum>(D)</enum><text>shall provide each such
review to—</text>
<clause id="ida00869e6-193f-4c07-80ca-b3f528b3aef3"><enum>(i)</enum><text>the Attorney
General;</text>
</clause><clause id="idb90907b1-7cf7-4a3a-bb9a-666b9cd69a52"><enum>(ii)</enum><text>the Director of National
Intelligence; and</text>
</clause><clause id="id9da23f1e-958f-4d4f-bb9f-99f1e801860b"><enum>(iii)</enum><text>the congressional
intelligence committees.</text>
</clause></subparagraph></paragraph><paragraph id="idbc9f90d7-8ac7-4428-91bb-a97214500eea"><enum>(3)</enum><header>Annual review</header>
<subparagraph id="idd0e9bf9d-b972-4058-892c-b06f99027745"><enum>(A)</enum><header>Requirement to
conduct</header><text>The head of an element of the intelligence community
conducting an acquisition authorized under subsection (a) shall direct the
element to conduct an annual review to determine whether there is reason to
believe that foreign intelligence information has been or will be obtained from
the acquisition. The annual review shall provide, with respect to such
acquisitions authorized under subsection (a)—</text>
<clause id="iddfb3abc2-bd3e-44dc-8680-b74c242682d5"><enum>(i)</enum><text>an accounting of the
number of disseminated intelligence reports containing a reference to a United
States person identity;</text>
</clause><clause id="id43445f13-a1f4-42dc-832b-8f9161deafe2"><enum>(ii)</enum><text>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; and</text>
</clause><clause id="id0cbb41e7-d0b5-488f-b61a-cb5504e0b79e"><enum>(iii)</enum><text>the number of targets
that were later determined to be located in the United States and the number of
persons located in the United States whose communications were reviewed.</text>
</clause></subparagraph><subparagraph id="id2bdd8e02-bd6b-48b3-801f-47a4df46462f"><enum>(B)</enum><header>Use of
review</header><text>The head of each element of the intelligence community
that conducts an annual review under subparagraph (A) shall use each such
review to evaluate the adequacy of the minimization procedures utilized by such
element or the application of the minimization procedures to a particular
acquisition authorized under subsection (a).</text>
</subparagraph><subparagraph id="id89fe3af9-00ae-40c2-96d5-70a475dad337"><enum>(C)</enum><header>Provision of review to
Foreign Intelligence Surveillance Court</header><text>The head of each element
of the intelligence community that conducts an annual review under subparagraph
(A) shall provide such review to the Foreign Intelligence Surveillance
Court.</text>
</subparagraph></paragraph><paragraph id="id4837e8a4-428d-4e29-b4eb-4b45a807b7ac"><enum>(4)</enum><header>Reports to
Congress</header>
<subparagraph id="id56ba447c-a17e-4684-84ea-58c648265edc"><enum>(A)</enum><header>Semiannual
report</header><text>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, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of Representatives,
concerning the implementation of this Act.</text>
</subparagraph><subparagraph id="id91b89a77-2f2a-4f3f-9719-9ddc6c8f2f74"><enum>(B)</enum><header>Content</header><text>Each
report made under subparagraph (A) shall include—</text>
<clause id="id64b334f8-9dc9-43d9-8a34-3df2d2ddc390"><enum>(i)</enum><text>any certifications made
under subsection (g) during the reporting period;</text>
</clause><clause id="id59384917-f98d-4979-a5d3-4efc182e8d92"><enum>(ii)</enum><text>any directives issued
under subsection (h) during the reporting period;</text>
</clause><clause id="id6f1b5958-84fe-41c0-8abd-fd4c1d813daf"><enum>(iii)</enum><text>the judicial review
during the reporting period of any such certifications and targeting and
minimization procedures utilized with respect to such acquisition, including a
copy of any order or pleading in connection with such review that contains a
significant legal interpretation of the provisions of this Act;</text>
</clause><clause id="id9612383a-3c0d-4d1b-a8fd-e9be32cc9989"><enum>(iv)</enum><text>any actions taken to
challenge or enforce a directive under paragraphs (4) or (5) of subsections
(h);</text>
</clause><clause id="id42ce1759-3605-4adf-956a-0f0e133d0785"><enum>(v)</enum><text>any compliance reviews
conducted by the Department of Justice or the Office of the Director of
National Intelligence of acquisitions authorized under subsection (a);</text>
</clause><clause id="id7e47ddae-f043-4b67-ac32-248ff1c9afea"><enum>(vi)</enum><text>a description of any
incidents of noncompliance with a directive issued by the Attorney General and
the Director of National Intelligence under subsection (h), including—</text>
<subclause id="id41cc0e08-5dde-4503-af08-99d8fa337142"><enum>(I)</enum><text>incidents of
noncompliance by an element of the intelligence community with procedures
adopted pursuant to subsections (c), (e), and (f); and</text>
</subclause><subclause id="idff89bf57-3611-470a-aee9-2044f24f91fd"><enum>(II)</enum><text>incidents of
noncompliance by a specified person to whom the Attorney General and Director
of National Intelligence issued a directive under subsection (h);</text>
</subclause></clause><clause id="id0acb3b54-14da-4b4e-839c-7ac8ca82f46a"><enum>(vii)</enum><text>any procedures
implementing this section; and</text>
</clause><clause id="idc8f3b6c1-19d1-43d2-bb9d-e0363a1293d5"><enum>(viii)</enum><text>any annual review
conducted pursuant to paragraph (3).</text>
</clause></subparagraph></paragraph></subsection></section><section id="idb85d7ba0-32e3-48fa-b9fd-ce991126def8"><enum>703.</enum><header>Use of information
acquired under section 702</header>
<subsection id="idfc0b3d96-4345-4836-b9f4-f8773ab68f4f"><enum></enum><text>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.</text>
</subsection></section>.
(b)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
for targeting communications of certain persons outside the United States
Sec. 701. Definitions.
Sec. 702. Procedures for acquiring the
communications of certain persons outside the United States.
Sec. 703. Use of information acquired under
section
702.
.
(c)
(1)Except as provided in paragraph (2), the amendments made
by subsections (a)(2) and (b) shall cease to have effect on December 31,
2011.
(2)Section 702(h)(3) of the Foreign Intelligence
Surveillance Act of 1978 (as amended by subsection (a)) shall remain in effect
with respect to any directive issued pursuant to section 702(h) of that Act (as
so amended) during the period such directive was in effect. The use of
information acquired by an acquisition conducted under section 702 of that Act
(as so amended) shall continue to be governed by the provisions of section 703
of that Act (as so amended).
102.Statement of exclusive
means by which electronic surveillance and interception of certain
communications may be conducted
(a)Statement of exclusive
meansTitle 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:
112.Statement of exclusive means by which electronic
surveillance and interception of certain communications may be
conducted(a)This Act shall be the
exclusive means for targeting United States persons for the purpose of
acquiring their communications or communications information for foreign
intelligence purposes, whether such persons are inside the United States or
outside the United States, except in cases where specific statutory
authorization exists to obtain communications information without an order
under this Act.
(b)Chapters 119 and 121 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.
(c)Subsections (a) and (b)
shall apply unless specific statutory authorization for electronic
surveillance, other than as an amendment to this Act, is enacted. Such specific
statutory authorization shall be the only exception to subsection (a) and
(b).
.
(b)
(1)Section 2511(2)(a) of title 18, United States Code, is
amended by adding at the end the following:
(iii)A certification under
subparagraph (ii)(B) for assistance to obtain foreign intelligence information
shall identify the specific provision of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) that provides an exception from providing
a court order, and shall certify that the statutory requirements of such
provision have been
met.
.
(2)The table of contents in the first section of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by adding after the item relating to section 111, the following:
Sec. 112. Statement of exclusive means by which
electronic surveillance and interception of certain communications may be
conducted.
.
(c)Section
109(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a))
is amended by striking authorized by statute
each place it
appears in such section and inserting authorized by this title or
chapter 119, 121, or 206 of title 18, United States Code
.
103.Submittal to Congress
of certain court orders under the Foreign Intelligence Surveillance Act of
1978
(a)Inclusion of certain orders in semi-annual
reports of Attorney GeneralSubsection (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 ordersSuch section 601 is further
amended by adding at the end the following new subsection:
(c)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
associated with such decision, order, or opinion, not later than 45 days after
such decision, order, or opinion is issued; and
(2)a copy of any such
decision, order, or opinion, and the pleadings 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 2007 and not previously submitted in a report under subsection
(a).
.
104.Applications for court
ordersSection 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 the Director of the Federal Bureau of
Investigation is unavailable—
;
(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
.
105.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)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)determines that the
factual basis for 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 168 hours 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 168 hours 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).
.
106.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
.
107.Amendments for
physical searches
(a)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 the Director of the Federal Bureau of
Investigation is unavailable—
; 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)Section
304 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824) is
amended—
(1)in subsection (a)—
(A)by striking paragraph
(1); and
(B)by redesignating
paragraphs (2) through (5) as paragraphs (1) through (4), respectively;
and
(2)by amending subsection
(e) to read as follows:
(e)(1)Notwithstanding any
other provision of this title, the Attorney General may authorize the emergency
employment of a physical search if the Attorney General—
(A)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)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 168 hours 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 168 hours from the time of
authorization by the Attorney General, whichever is earliest.
(4)A denial of the
application made under this subsection may be reviewed as provided in section
103.
(5)(A)In the event that
such application for approval is denied, or in any other case where the
physical search is terminated and no order is issued approving the physical
search, no information obtained or evidence derived from such physical search
shall be received in evidence or otherwise disclosed in any trial, hearing, or
other proceeding in or before any court, grand jury, department, office,
agency, regulatory body, legislative committee, or other authority of the
United States, a State, or political subdivision thereof, and no information
concerning any United States person acquired from such physical search shall
subsequently be used or disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death or serious
bodily harm to any person.
(B)The Attorney General
shall assess compliance with the requirements of subparagraph
(A).
.
(c)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)
.
108.Amendments for
emergency pen registers and trap and trace devicesSection
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 168 hours
;
and
(2)in subsection (c)(1)(C),
by striking 48 hours
and inserting 168
hours
.
109.Foreign Intelligence
Surveillance Court
(a)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)
(1)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)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 appealSection 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.
.
110.Review of previous
actions
(a)In
this section—
(1)the term element of
the intelligence community means an element of the intelligence
community specified in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)); and
(2)the term Terrorist
Surveillance Program means the intelligence program publicly confirmed
by the President in a radio address on December 17, 2005, and any previous,
subsequent or related, versions or elements of that program.
(b)Not
later than 180 days after the date of the enactment of this Act, the Inspectors
General of the Department of Justice and relevant elements of the intelligence
community shall work in conjunction to complete a comprehensive audit of the
Terrorist Surveillance Program and any closely related intelligence activities,
which shall include acquiring all documents relevant to such programs,
including memoranda concerning the legal authority of a program, authorizations
of a program, certifications to telecommunications carriers, and court
orders.
(c)—
(1)Not later than 30 days after the completion of the audit
under subsection (b), the Inspectors General shall submit to the Permanent
Select Committee on Intelligence and the Committee on the Judiciary of the
House of Representatives and the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate a joint report containing the results
of that audit, including all documents acquired pursuant to the conduct of that
audit.
(2)The
report under paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
(d)Expedited security
clearanceThe 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 audit under subsection (b)
is conducted as expeditiously as possible.
(e)Additional legal and
other personnel for the Inspectors GeneralThe Inspectors General of the Department of
Justice and of the relevant elements of the intelligence community are
authorized such additional legal and other personnel as may be necessary to
carry out the prompt and timely preparation of the audit and report required
under this section. Personnel authorized by this subsection shall perform such
duties relating to the audit as the relevant Inspector General shall direct.
The personnel authorized by this subsection are in addition to any other
personnel authorized by law.
111.Technical and
conforming amendmentsSection
103(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e))
is amended—
(1)in paragraph (1), by striking
105B(h) or 501(f)(1)
and inserting 501(f)(1) or
702
; and
(2)in paragraph (2), by striking
105B(h) or 501(f)(1)
and inserting 501(f)(1) or
702
.
November 16, 2007
Reported with an amendment