[Congressional Record Volume 154, Number 11 (Thursday, January 24, 2008)]
[Senate]
[Pages S288-S300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3907. Mr. DODD (for himself, Mr. Feingold, Mr. Leahy, Mr. Kennedy, 
Mr. Harkin, Mr. Wyden, Mr. Sanders, Mr. Obama, Mrs. Clinton, Mr. Biden, 
and Mr. Kerry) submitted an amendment intended to be proposed by him to 
the bill S. 2248, to amend the Foreign Intelligence Surveillance Act of 
1978, to modernize and streamline the provisions of that Act, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike title II.
                                 ______
                                 
  SA 3908. Mr. WHITEHOUSE (for himself, Mr. Rockefeller, Mr. Leahy, and 
Mr. Schumer) submitted an amendment intended to be proposed by him to 
the bill S. 2248, to amend the Foreign Intelligence Surveillance Act of 
1978, to modernize and streamline the provisions of that Act, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       ``(7) Compliance reviews.--During the period that 
     minimization procedures approved under paragraph (5)(A) are 
     in effect, the Court may review and assess compliance with 
     such procedures and shall have access to the assessments and 
     reviews required by subsections (k)(1), (k)(2), and (k)(3) 
     with respect to compliance with such 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). The Court may fashion remedies it determines 
     necessary to enforce compliance.
                                 ______
                                 
  SA 3909. Mr. FEINGOLD (for himself and Mr. Dodd) submitted an 
amendment intended to be proposed to amendment SA 3911 proposed by Mr. 
Rockefeller (for himself and Mr. Bond) to the bill S. 2248, to amend 
the Foreign Intelligence Surveillance Act of 1978, to modernize and 
streamline the provisions of that Act, and for other purposes; as 
follows:

       Strike subsection (b) of section 103, and insert the 
     following:
       (b) Reports by Attorney General on Certain Other Orders.--
     Such section 601 is further amended by adding at the end the 
     following new subsection:
       ``(c) Submissions to Congress.--The Attorney General shall 
     submit to the committees of Congress referred to in 
     subsection (a)--
       ``(1) a copy of any decision, order, or opinion issued by 
     the Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review that includes 
     significant construction or interpretation of any provision 
     of this Act, and any pleadings 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 2008 
     and not previously submitted in a report under subsection 
     (a).''.
                                 ______
                                 
  SA 3910. Mrs. FEINSTEIN (for herself, Mr. Rockefeller, Mr. Leahy, Mr. 
Nelson of Florida, Mr. Whitehouse, Mr. Wyden, Mr. Hagel, Mr. Menendez, 
Ms. Snowe, and Mr. Specter) submitted an amendment intended to be 
proposed by her to the bill S. 2248, to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 102, and insert the following:

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

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


  ``STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND 
        INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED

       ``Sec. 112.  (a) Except as provided in subsection (b), the 
     procedures of chapters 119, 121 and 206 of title 18, United 
     States Code, and this Act shall be the exclusive means by 
     which electronic surveillance (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) Only an express statutory authorization for 
     electronic surveillance or the interception of domestic wire, 
     oral, or electronic communications, other than as an 
     amendment to this Act or chapters 119, 121, or 206 of title 
     18, United States Code, shall constitute an additional 
     exclusive means for the purpose of subsection (a).''.
       (b) Offense.--Section 109 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1809) is amended--
       (1) in subsection (a), by striking ``authorized by 
     statute'' each place it appears in such section and inserting 
     ``authorized by this Act, chapter 119, 121, or 206 of title 
     18, United States Code, or any express statutory 
     authorization that is an additional exclusive means for 
     conducting electronic surveillance under section 112.''; and
       (2) by adding at the end the following:
       ``(e) Definition.--For the purpose of this section, the 
     term `electronic surveillance' means electronic surveillance 
     as defined in section 101(f) of this Act regardless of the 
     limitation of section 701 of this Act.''.
       (c) Conforming Amendments.--
       (1) Title 18, united states code.--Section 2511(2) of title 
     18, United States Code, is amended--
       (A) in paragraph (a), by adding at the end the following:
       ``(iii) If a certification under subparagraph (ii)(B) for 
     assistance to obtain foreign intelligence information is 
     based on statutory authority, the certification shall 
     identify the specific statutory provision, and shall certify 
     that the statutory requirements have been met.''; and
       (B) in paragraph (f), by striking ``, as defined in section 
     101 of such Act,'' and inserting ``(as defined in section 
     101(f) of such Act regardless of the limitation of section 
     701 of such Act)''.
       (2) Table of contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) is amended by 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.''.
                                 ______
                                 
  SA 3911. Mr. ROCKEFELLER (for himself and Mr. Bond) proposed an 
amendment to the bill S. 2248, to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Foreign 
     Intelligence Surveillance Act of 1978 Amendments Act of 
     2008'' or the ``FISA Amendments Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.

               TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE

Sec. 101. Additional procedures regarding certain persons outside the 
              United States.
Sec. 102. Statement of exclusive means by which electronic surveillance 
              and interception of 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.

[[Page S289]]

Sec. 204. Preemption of State investigations.
Sec. 205. Technical amendments.

                      TITLE III--OTHER PROVISIONS

Sec. 301. Severability.
Sec. 302. Effective date; repeal; transition procedures.

               TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE

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

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

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

     ``SEC. 701. LIMITATION ON DEFINITION OF ELECTRONIC 
                   SURVEILLANCE.

       ``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.

     ``SEC. 702. DEFINITIONS.

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

     ``SEC. 703. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE 
                   THE UNITED STATES OTHER THAN UNITED STATES 
                   PERSONS.

       ``(a) Authorization.--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.
       ``(b) Limitations.--An acquisition authorized under 
     subsection (a)--
       ``(1) may not intentionally target any person known at the 
     time of acquisition to be located in the United States;
       ``(2) may not intentionally target a person reasonably 
     believed to be located outside the United States if the 
     purpose of such acquisition is to target a particular, known 
     person reasonably believed to be in the United States, except 
     in accordance with title I or title III;
       ``(3) may not intentionally target a United States person 
     reasonably believed to be located outside the United States, 
     except in accordance with sections 704, 705, or 706; and
       ``(4) shall be conducted in a manner consistent with the 
     fourth amendment to the Constitution of the United States.
       ``(c) Conduct of Acquisition.--An acquisition authorized 
     under subsection (a) may be conducted only in accordance 
     with--
       ``(1) a certification made by the Attorney General and the 
     Director of National Intelligence pursuant to subsection (f); 
     and
       ``(2) the targeting and minimization procedures required 
     pursuant to subsections (d) and (e).
       ``(d) Targeting Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt targeting procedures that are reasonably designed 
     to ensure that any acquisition authorized under subsection 
     (a) is limited to targeting persons reasonably believed to be 
     located outside the United States.
       ``(2) Judicial review.--The procedures referred to in 
     paragraph (1) shall be subject to judicial review pursuant to 
     subsection (h).
       ``(e) Minimization Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt, consistent with the requirements of section 
     101(h) or section 301(4), minimization procedures for 
     acquisitions authorized under subsection (a).
       ``(2) Judicial review.--The minimization procedures 
     required by this subsection shall be subject to judicial 
     review pursuant to subsection (h).
       ``(f) Certification.--
       ``(1) In general.--
       ``(A) Requirement.--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.
       ``(B) Exception.--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.
       ``(2) Requirements.--A certification made under this 
     subsection shall--
       ``(A) attest that--
       ``(i) there are reasonable procedures in place for 
     determining that the acquisition authorized under subsection 
     (a) is targeted at persons reasonably believed to be located 
     outside the United States and that such procedures have been 
     approved by, or will be submitted in not more than 5 days for 
     approval by, the Foreign Intelligence Surveillance Court 
     pursuant to subsection (h);
       ``(ii) 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;
       ``(iii) a significant purpose of the acquisition is to 
     obtain foreign intelligence information;
       ``(iv) the minimization procedures to be used with respect 
     to such acquisition--

       ``(I) meet the definition of minimization procedures under 
     section 101(h) or section 301(4); and
       ``(II) have been approved by, or will be submitted in not 
     more than 5 days for approval by, the Foreign Intelligence 
     Surveillance Court pursuant to subsection (h);

       ``(v) the acquisition involves obtaining the foreign 
     intelligence information from or with the assistance of an 
     electronic communication service provider; and
       ``(vi) the acquisition does not constitute electronic 
     surveillance, as limited by section 701; and
       ``(B) be supported, as appropriate, by the affidavit of any 
     appropriate official in the area of national security who 
     is--
       ``(i) appointed by the President, by and with the consent 
     of the Senate; or
       ``(ii) the head of any element of the intelligence 
     community.
       ``(3) Limitation.--A certification made under this 
     subsection is not required to identify the specific 
     facilities, places, premises, or property at which the 
     acquisition authorized under subsection (a) will be directed 
     or conducted.
       ``(4) Submission to the court.--The Attorney General shall 
     transmit a copy of a certification made under this 
     subsection, and any supporting affidavit, under seal to the 
     Foreign Intelligence Surveillance Court 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.
       ``(5) Review.--The certification required by this 
     subsection shall be subject to judicial review pursuant to 
     subsection (h).
       ``(g) Directives and Judicial Review of Directives.--
       ``(1) Authority.--With respect to an acquisition authorized 
     under subsection (a), the Attorney General and the Director 
     of National Intelligence may direct, in writing, an 
     electronic communication service provider to--
       ``(A) immediately provide the Government with all 
     information, facilities, or assistance necessary to 
     accomplish the acquisition in a manner that will protect the 
     secrecy of the acquisition and produce a minimum of 
     interference with the services that such electronic 
     communication service provider is providing to the target; 
     and
       ``(B) maintain under security procedures approved by the 
     Attorney General and the Director of National Intelligence 
     any records concerning the acquisition or the aid furnished 
     that such electronic communication service provider wishes to 
     maintain.
       ``(2) Compensation.--The Government shall compensate, at 
     the prevailing rate, an electronic communication service 
     provider for providing information, facilities, or assistance 
     pursuant to paragraph (1).
       ``(3) Release from liability.--Notwithstanding any other 
     law, no cause of action shall lie in any court against any 
     electronic

[[Page S290]]

     communication service provider for providing any information, 
     facilities, or assistance in accordance with a directive 
     issued pursuant to paragraph (1).
       ``(4) Challenging of directives.--
       ``(A) Authority to challenge.--An electronic communication 
     service provider receiving a directive issued pursuant to 
     paragraph (1) may challenge the directive by filing a 
     petition with the Foreign Intelligence Surveillance Court, 
     which shall have jurisdiction to review such a petition.
       ``(B) Assignment.--The presiding judge of the Court shall 
     assign the petition filed under subparagraph (A) to 1 of the 
     judges serving in the pool established by section 103(e)(1) 
     not later than 24 hours after the filing of the petition.
       ``(C) Standards for review.--A judge considering a petition 
     to modify or set aside a directive may grant such petition 
     only if the judge finds that the directive does not meet the 
     requirements of this section or is otherwise unlawful. 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.
       ``(D) Continued effect.--Any directive not explicitly 
     modified or set aside under this paragraph shall remain in 
     full effect.
       ``(E) Contempt of court.--Failure to obey an order of the 
     Court issued under this paragraph may be punished by the 
     Court as contempt of court.
       ``(5) Enforcement of directives.--
       ``(A) Order to compel.--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, which shall have jurisdiction to review 
     such a petition.
       ``(B) Assignment.--The presiding judge of the Court shall 
     assign a petition filed under subparagraph (A) to 1 of the 
     judges serving in the pool established by section 103(e)(1) 
     not later than 24 hours after the filing of the petition.
       ``(C) Standards for review.--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.
       ``(D) Contempt of court.--Failure to obey an order of the 
     Court issued under this paragraph may be punished by the 
     Court as contempt of court.
       ``(E) Process.--Any process under this paragraph may be 
     served in any judicial district in which the electronic 
     communication service provider may be found.
       ``(6) Appeal.--
       ``(A) Appeal to the court of review.--The Government or an 
     electronic communication service provider receiving a 
     directive issued pursuant to paragraph (1) may file a 
     petition with the Foreign Intelligence Surveillance Court of 
     Review for review of 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.
       ``(B) Certiorari to the supreme court.--The Government or 
     an electronic communication service provider receiving a 
     directive issued pursuant to paragraph (1) may file a 
     petition for a writ of certiorari for review of the decision 
     of the Court of Review issued under subparagraph (A). The 
     record for such review shall be transmitted under seal to the 
     Supreme Court of the United States, which shall have 
     jurisdiction to review such decision.
       ``(h) Judicial Review of Certifications and Procedures.--
       ``(1) In general.--
       ``(A) Review by the foreign intelligence surveillance 
     court.--The Foreign Intelligence Surveillance Court shall 
     have jurisdiction to review any certification required by 
     subsection (c) and the targeting and minimization procedures 
     adopted pursuant to subsections (d) and (e).
       ``(B) Submission to the court.--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.
       ``(2) Certifications.--The Court shall review a 
     certification provided under subsection (f) to determine 
     whether the certification contains all the required elements.
       ``(3) Targeting procedures.--The Court shall review the 
     targeting procedures required by subsection (d) to assess 
     whether the procedures are reasonably designed to ensure that 
     the acquisition authorized under subsection (a) is limited to 
     the targeting of persons reasonably believed to be located 
     outside the United States.
       ``(4) Minimization procedures.--The Court shall review the 
     minimization procedures required by subsection (e) to assess 
     whether such procedures meet the definition of minimization 
     procedures under section 101(h) or section 301(4).
       ``(5) Orders.--
       ``(A) Approval.--If the Court finds that a certification 
     required by subsection (f) contains all of the required 
     elements and that the targeting and minimization procedures 
     required by subsections (d) and (e) are consistent with the 
     requirements of those subsections and with the fourth 
     amendment to the Constitution of the United States, the Court 
     shall enter an order approving the continued use of the 
     procedures for the acquisition authorized under subsection 
     (a).
       ``(B) Correction of deficiencies.--If the Court finds that 
     a certification required by subsection (f) does not contain 
     all of the required elements, or that the procedures required 
     by subsections (d) and (e) are not consistent with the 
     requirements of those subsections or the fourth amendment to 
     the Constitution of the United States, the Court shall issue 
     an order directing the Government to, at the Government's 
     election and to the extent required by the Court's order--
       ``(i) correct any deficiency identified by the Court's 
     order not later than 30 days after the date the Court issues 
     the order; or
       ``(ii) cease the acquisition authorized under subsection 
     (a).
       ``(C) Requirement for written statement.--In support of its 
     orders under this subsection, the Court shall provide, 
     simultaneously with the orders, for the record a written 
     statement of its reasons.
       ``(6) Appeal.--
       ``(A) Appeal to the court of review.--The Government may 
     appeal any order under this section to the Foreign 
     Intelligence Surveillance Court of Review, which shall have 
     jurisdiction to review such order. For any decision 
     affirming, reversing, or modifying an order of the Foreign 
     Intelligence Surveillance Court, the Court of Review shall 
     provide for the record a written statement of its reasons.
       ``(B) Continuation of acquisition pending rehearing or 
     appeal.--Any acquisitions affected by an order under 
     paragraph (5)(B) may continue--
       ``(i) during the pendency of any rehearing of the order by 
     the Court en banc; and
       ``(ii) during the pendency of any appeal of the order to 
     the Foreign Intelligence Surveillance Court of Review.
       ``(C) Certiorari to the supreme court.--The Government may 
     file a petition for a writ of certiorari for review of a 
     decision of the Court of Review issued under subparagraph 
     (A). The record for such review shall be transmitted under 
     seal to the Supreme Court of the United States, which shall 
     have jurisdiction to review such decision.
       ``(i) Expedited Judicial Proceedings.--Judicial proceedings 
     under this section shall be conducted as expeditiously as 
     possible.
       ``(j) Maintenance and Security of Records and 
     Proceedings.--
       ``(1) Standards.--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.
       ``(2) Filing and review.--All petitions under this section 
     shall be filed under seal. In any proceedings under this 
     section, the court shall, upon request of the Government, 
     review ex parte and in camera any Government submission, or 
     portions of a submission, which may include classified 
     information.
       ``(3) Retention of records.--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.
       ``(k) Assessments and Reviews.--
       ``(1) Semiannual assessment.--Not less frequently than once 
     every 6 months, the Attorney General and Director of National 
     Intelligence shall assess compliance with the targeting and 
     minimization procedures required by subsections (e) and (f) 
     and shall submit each such assessment to--
       ``(A) the Foreign Intelligence Surveillance Court; and
       ``(B) the congressional intelligence committees.
       ``(2) Agency assessment.--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) with respect to their 
     department, agency, or element--
       ``(A) are authorized to review the compliance with the 
     targeting and minimization procedures required by subsections 
     (d) and (e);
       ``(B) with respect to acquisitions authorized under 
     subsection (a), shall review the number of disseminated 
     intelligence reports containing a reference to a United 
     States person identity and the number of United States person 
     identities subsequently disseminated by the element concerned 
     in response to requests for identities that were not referred 
     to by name or title in the original reporting;
       ``(C) with respect to acquisitions authorized under 
     subsection (a), shall review the number of targets that were 
     later determined to be located in the United States and, to 
     the extent possible, whether their communications were 
     reviewed; and
       ``(D) shall provide each such review to--
       ``(i) the Attorney General;
       ``(ii) the Director of National Intelligence; and
       ``(iii) the congressional intelligence committees.
       ``(3) Annual review.--
       ``(A) Requirement to conduct.--The head of an element of 
     the intelligence community

[[Page S291]]

     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)--
       ``(i) an accounting of the number of disseminated 
     intelligence reports containing a reference to a United 
     States person identity;
       ``(ii) an accounting of the number of United States person 
     identities subsequently disseminated by that element in 
     response to requests for identities that were not referred to 
     by name or title in the original reporting;
       ``(iii) the number of targets that were later determined to 
     be located in the United States and, to the extent possible, 
     whether their communications were reviewed; and
       ``(iv) a description of any procedures developed by the 
     head of an element of the intelligence community and approved 
     by the Director of National Intelligence to assess, in a 
     manner consistent with national security, operational 
     requirements and the privacy interests of United States 
     persons, the extent to which the acquisitions authorized 
     under subsection (a) acquire the communications of United 
     States persons, as well as the results of any such 
     assessment.
       ``(B) Use of review.--The head of each element of the 
     intelligence community that conducts an annual review under 
     subparagraph (A) shall use each such review to evaluate the 
     adequacy of the minimization procedures utilized by such 
     element or the application of the minimization procedures to 
     a particular acquisition authorized under subsection (a).
       ``(C) Provision of review.--The head of each element of the 
     intelligence community that conducts an annual review under 
     subparagraph (A) shall provide such review to--
       ``(i) the Foreign Intelligence Surveillance Court;
       ``(ii) the Attorney General;
       ``(iii) the Director of National Intelligence; and
       ``(iv) the congressional intelligence committees.

     ``SEC. 704. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES OF 
                   UNITED STATES PERSONS OUTSIDE THE UNITED 
                   STATES.

       ``(a) Jurisdiction of the Foreign Intelligence Surveillance 
     Court.--
       ``(1) In general.--The Foreign Intelligence Surveillance 
     Court shall have jurisdiction to enter an order approving the 
     targeting of a United States person reasonably believed to be 
     located outside the United States to acquire foreign 
     intelligence information, if such acquisition constitutes 
     electronic surveillance (as defined in section 101(f), 
     regardless of the limitation of section 701) or the 
     acquisition of stored electronic communications or stored 
     electronic data that requires an order under this Act, and 
     such acquisition is conducted within the United States.
       ``(2) Limitation.--In the event that a United States person 
     targeted under this subsection is reasonably believed to be 
     located in the United States during the pendency of an order 
     issued pursuant to subsection (c), such acquisition shall 
     cease until authority, other than under this section, is 
     obtained pursuant to this Act or the targeted United States 
     person is again reasonably believed to be located outside the 
     United States during the pendency of an order issued pursuant 
     to subsection (c).
       ``(b) Application.--
       ``(1) In general.--Each application for an order under this 
     section shall be made by a Federal officer in writing upon 
     oath or affirmation to a judge having jurisdiction under 
     subsection (a)(1). Each application shall require the 
     approval of the Attorney General based upon the Attorney 
     General's finding that it satisfies the criteria and 
     requirements of such application, as set forth in this 
     section, and shall include--
       ``(A) the identity of the Federal officer making the 
     application;
       ``(B) the identity, if known, or a description of the 
     United States person who is the target of the acquisition;
       ``(C) a statement of the facts and circumstances relied 
     upon to justify the applicant's belief that the United States 
     person who is the target of the acquisition is--
       ``(i) a person reasonably believed to be located outside 
     the United States; and
       ``(ii) a foreign power, an agent of a foreign power, or an 
     officer or employee of a foreign power;
       ``(D) a statement of the proposed minimization procedures 
     consistent with the requirements of section 101(h) or section 
     301(4);
       ``(E) a description of the nature of the information sought 
     and the type of communications or activities to be subjected 
     to acquisition;
       ``(F) a certification made by the Attorney General or an 
     official specified in section 104(a)(6) that--
       ``(i) the certifying official deems the information sought 
     to be foreign intelligence information;
       ``(ii) a significant purpose of the acquisition is to 
     obtain foreign intelligence information;
       ``(iii) such information cannot reasonably be obtained by 
     normal investigative techniques;
       ``(iv) designates the type of foreign intelligence 
     information being sought according to the categories 
     described in section 101(e); and
       ``(v) includes a statement of the basis for the 
     certification that--

       ``(I) the information sought is the type of foreign 
     intelligence information designated; and
       ``(II) such information cannot reasonably be obtained by 
     normal investigative techniques;

       ``(G) a summary statement of the means by which the 
     acquisition will be conducted and whether physical entry is 
     required to effect the acquisition;
       ``(H) the identity of any electronic communication service 
     provider necessary to effect the acquisition, provided, 
     however, that the application is not required to identify the 
     specific facilities, places, premises, or property at which 
     the acquisition authorized under this section will be 
     directed or conducted;
       ``(I) a statement of the facts concerning any previous 
     applications that have been made to any judge of the Foreign 
     Intelligence Surveillance Court involving the United States 
     person specified in the application and the action taken on 
     each previous application; and
       ``(J) a statement of the period of time for which the 
     acquisition is required to be maintained, provided that such 
     period of time shall not exceed 90 days per application.
       ``(2) Other requirements of the attorney general.--The 
     Attorney General may require any other affidavit or 
     certification from any other officer in connection with the 
     application.
       ``(3) Other requirements of the judge.--The judge may 
     require the applicant to furnish such other information as 
     may be necessary to make the findings required by subsection 
     (c)(1).
       ``(c) Order.--
       ``(1) Findings.--Upon an application made pursuant to 
     subsection (b), the Foreign Intelligence Surveillance Court 
     shall enter an ex parte order as requested or as modified 
     approving the acquisition if the Court finds that--
       ``(A) the application has been made by a Federal officer 
     and approved by the Attorney General;
       ``(B) on the basis of the facts submitted by the applicant, 
     for the United States person who is the target of the 
     acquisition, there is probable cause to believe that the 
     target is--
       ``(i) a person reasonably believed to be located outside 
     the United States; and
       ``(ii) a foreign power, an agent of a foreign power, or an 
     officer or employee of a foreign power;
       ``(C) the proposed minimization procedures meet the 
     definition of minimization procedures under section 101(h) or 
     section 301(4); and
       ``(D) the application which has been filed contains all 
     statements and certifications required by subsection (b) and 
     the certification or certifications are not clearly erroneous 
     on the basis of the statement made under subsection 
     (b)(1)(F)(v) and any other information furnished under 
     subsection (b)(3).
       ``(2) Probable cause.--In determining whether or not 
     probable cause exists for purposes of an order under 
     paragraph (1), a judge having jurisdiction under subsection 
     (a)(1) may consider past activities of the target, as well as 
     facts and circumstances relating to current or future 
     activities of the target. However, no United States person 
     may be considered a foreign power, agent of a foreign power, 
     or officer or employee of a foreign power solely upon the 
     basis of activities protected by the first amendment to the 
     Constitution of the United States.
       ``(3) Review.--
       ``(A) Limitation on review.--Review by a judge having 
     jurisdiction under subsection (a)(1) shall be limited to that 
     required to make the findings described in paragraph (1).
       ``(B) Review of probable cause.--If the judge determines 
     that the facts submitted under subsection (b) are 
     insufficient to establish probable cause to issue an order 
     under paragraph (1), the judge shall enter an order so 
     stating and provide a written statement for the record of the 
     reasons for such determination. The Government may appeal an 
     order under this clause pursuant to subsection (f).
       ``(C) Review of minimization procedures.--If the judge 
     determines that the proposed minimization procedures required 
     under paragraph (1)(C) do not meet the definition of 
     minimization procedures under section 101(h) or section 
     301(4), the judge shall enter an order so stating and provide 
     a written statement for the record of the reasons for such 
     determination. The Government may appeal an order under this 
     clause pursuant to subsection (f).
       ``(D) Review of certification.--If the judge determines 
     that an application required by subsection (2) does not 
     contain all of the required elements, or that the 
     certification or certifications are clearly erroneous on the 
     basis of the statement made under subsection (b)(1)(F)(v) and 
     any other information furnished under subsection (b)(3), the 
     judge shall enter an order so stating and provide a written 
     statement for the record of the reasons for such 
     determination. The Government may appeal an order under this 
     clause pursuant to subsection (f).
       ``(4) Specifications.--An order approving an acquisition 
     under this subsection shall specify--
       ``(A) the identity, if known, or a description of the 
     United States person who is the target of the acquisition 
     identified or described in the application pursuant to 
     subsection (b)(1)(B);

[[Page S292]]

       ``(B) if provided in the application pursuant to subsection 
     (b)(1)(H), the nature and location of each of the facilities 
     or places at which the acquisition will be directed;
       ``(C) the nature of the information sought to be acquired 
     and the type of communications or activities to be subjected 
     to acquisition;
       ``(D) the means by which the acquisition will be conducted 
     and whether physical entry is required to effect the 
     acquisition; and
       ``(E) the period of time during which the acquisition is 
     approved.
       ``(5) Directions.--An order approving acquisitions under 
     this subsection shall direct--
       ``(A) that the minimization procedures be followed;
       ``(B) an electronic communication service provider to 
     provide to the Government forthwith all information, 
     facilities, or assistance necessary to accomplish the 
     acquisition authorized under this subsection 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;
       ``(C) an electronic communication service provider to 
     maintain under security procedures approved by the Attorney 
     General any records concerning the acquisition or the aid 
     furnished that such electronic communication service provider 
     wishes to maintain; and
       ``(D) that the Government compensate, at the prevailing 
     rate, such electronic communication service provider for 
     providing such information, facilities, or assistance.
       ``(6) Duration.--An order approved under this paragraph 
     shall be effective for a period not to exceed 90 days and 
     such order may be renewed for additional 90-day periods upon 
     submission of renewal applications meeting the requirements 
     of subsection (b).
       ``(7) Compliance.--At or prior to the end of the period of 
     time for which an acquisition is approved by an order or 
     extension under this section, the judge may assess compliance 
     with the minimization procedures by reviewing the 
     circumstances under which information concerning United 
     States persons was acquired, retained, or disseminated.
       ``(d) Emergency Authorization.--
       ``(1) Authority for emergency authorization.--
     Notwithstanding any other provision of this Act, if the 
     Attorney General reasonably determines that--
       ``(A) an emergency situation exists with respect to the 
     acquisition of foreign intelligence information for which an 
     order may be obtained under subsection (c) before an order 
     authorizing such acquisition can with due diligence be 
     obtained; and
       ``(B) the factual basis for issuance of an order under this 
     subsection to approve such acquisition exists,

     the Attorney General may authorize the emergency acquisition 
     if a judge having jurisdiction under subsection (a)(1) is 
     informed by the Attorney General, or a designee of the 
     Attorney General, at the time of such authorization that the 
     decision has been made to conduct such acquisition and if an 
     application in accordance with this subsection is made 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 acquisition.
       ``(2) Minimization procedures.--If the Attorney General 
     authorizes such emergency acquisition, the Attorney General 
     shall require that the minimization procedures required by 
     this subsection for the issuance of a judicial order be 
     followed.
       ``(3) Termination of emergency authorization.--In the 
     absence of a judicial order approving such acquisition, the 
     acquisition 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) Use of information.--In the event that such 
     application for approval is denied, or in any other case 
     where the acquisition is terminated and no order is issued 
     approving the acquisition, no information obtained or 
     evidence derived from such acquisition, except under 
     circumstances in which the target of the acquisition is 
     determined not to be a United States person during the 
     pendency of the 168-hour emergency acquisition period, shall 
     be received in evidence or otherwise disclosed in any trial, 
     hearing, or other proceeding in or before any court, grand 
     jury, department, office, agency, regulatory body, 
     legislative committee, or other authority of the United 
     States, a State, or political subdivision thereof, and no 
     information concerning any United States person acquired from 
     such acquisition shall subsequently be used or disclosed in 
     any other manner by Federal officers or employees without the 
     consent of such person, except with the approval of the 
     Attorney General if the information indicates a threat of 
     death or serious bodily harm to any person.
       ``(e) Release From Liability.--Notwithstanding any other 
     law, no cause of action shall lie in any court against any 
     electronic communication service provider for providing any 
     information, facilities, or assistance in accordance with an 
     order or request for emergency assistance issued pursuant to 
     subsections (c) or (d).
       ``(f) Appeal.--
       ``(1) Appeal to the foreign intelligence surveillance court 
     of review.--The Government may file an appeal with the 
     Foreign Intelligence Surveillance Court of Review for review 
     of an order issued pursuant to subsection (c). The Court of 
     Review shall have jurisdiction to consider such appeal and 
     shall provide a written statement for the record of the 
     reasons for a decision under this paragraph.
       ``(2) Certiorari to the supreme court.--The Government may 
     file a petition for a writ of certiorari for review of the 
     decision of the Court of Review issued under paragraph (1). 
     The record for such review shall be transmitted under seal to 
     the Supreme Court of the United States, which shall have 
     jurisdiction to review such decision.

     ``SEC. 705. OTHER ACQUISITIONS TARGETING UNITED STATES 
                   PERSONS OUTSIDE THE UNITED STATES.

       ``(a) Jurisdiction and Scope.--
       ``(1) Jurisdiction.--The Foreign Intelligence Surveillance 
     Court shall have jurisdiction to enter an order pursuant to 
     subsection (c).
       ``(2) Scope.--No element of the intelligence community may 
     intentionally target, for the purpose of acquiring foreign 
     intelligence information, a United States person reasonably 
     believed to be located outside the United States under 
     circumstances in which the targeted United States person has 
     a reasonable expectation of privacy and a warrant would be 
     required if the acquisition were conducted inside the United 
     States for law enforcement purposes, unless a judge of the 
     Foreign Intelligence Surveillance Court has entered an order 
     or the Attorney General has authorized an emergency 
     acquisition pursuant to subsections (c) or (d) or any other 
     provision of this Act.
       ``(3) Limitations.--
       ``(A) Moving or misidentified targets.--In the event that 
     the targeted United States person is reasonably believed to 
     be in the United States during the pendency of an order 
     issued pursuant to subsection (c), such acquisition shall 
     cease until authority is obtained pursuant to this Act or the 
     targeted United States person is again reasonably believed to 
     be located outside the United States during the pendency of 
     an order issued pursuant to subsection (c).
       ``(B) Applicability.--If the acquisition is to be conducted 
     inside the United States and could be authorized under 
     section 704, the procedures of section 704 shall apply, 
     unless an order or emergency acquisition authority has been 
     obtained under a provision of this Act other than under this 
     section.
       ``(b) Application.--Each application for an order under 
     this section shall be made by a Federal officer in writing 
     upon oath or affirmation to a judge having jurisdiction under 
     subsection (a)(1). Each application shall require the 
     approval of the Attorney General based upon the Attorney 
     General's finding that it satisfies the criteria and 
     requirements of such application as set forth in this section 
     and shall include--
       ``(1) the identity, if known, or a description of the 
     specific United States person who is the target of the 
     acquisition;
       ``(2) a statement of the facts and circumstances relied 
     upon to justify the applicant's belief that the United States 
     person who is the target of the acquisition is--
       ``(A) a person reasonably believed to be located outside 
     the United States; and
       ``(B) a foreign power, an agent of a foreign power, or an 
     officer or employee of a foreign power;
       ``(3) a statement of the proposed minimization procedures 
     consistent with the requirements of section 101(h) or section 
     301(4);
       ``(4) a certification made by the Attorney General, an 
     official specified in section 104(a)(6), or the head of an 
     element of the intelligence community that--
       ``(A) the certifying official deems the information sought 
     to be foreign intelligence information; and
       ``(B) a significant purpose of the acquisition is to obtain 
     foreign intelligence information;
       ``(5) a statement of the facts concerning any previous 
     applications that have been made to any judge of the Foreign 
     Intelligence Surveillance Court involving the United States 
     person specified in the application and the action taken on 
     each previous application; and
       ``(6) a statement of the period of time for which the 
     acquisition is required to be maintained, provided that such 
     period of time shall not exceed 90 days per application.
       ``(c) Order.--
       ``(1) Findings.--If, upon an application made pursuant to 
     subsection (b), a judge having jurisdiction under subsection 
     (a) finds that--
       ``(A) on the basis of the facts submitted by the applicant, 
     for the United States person who is the target of the 
     acquisition, there is probable cause to believe that the 
     target is--
       ``(i) a person reasonably believed to be located outside 
     the United States; and
       ``(ii) a foreign power, an agent of a foreign power, or an 
     officer or employee of a foreign power;
       ``(B) the proposed minimization procedures, with respect to 
     their dissemination provisions, meet the definition of 
     minimization procedures under section 101(h) or section 
     301(4); and
       ``(C) the application which has been filed contains all 
     statements and certifications required by subsection (b) and 
     the certification provided under subsection (b)(4) is not 
     clearly erroneous on the basis of the information furnished 
     under subsection (b),

     the Court shall issue an ex parte order so stating.

[[Page S293]]

       ``(2) Probable cause.--In determining whether or not 
     probable cause exists for purposes of an order under 
     paragraph (1)(A), a judge having jurisdiction under 
     subsection (a)(1) may consider past activities of the target, 
     as well as facts and circumstances relating to current or 
     future activities of the target. However, no United States 
     person may be considered a foreign power, agent of a foreign 
     power, or officer or employee of a foreign power solely upon 
     the basis of activities protected by the first amendment to 
     the Constitution of the United States.
       ``(3) Review.--
       ``(A) Limitations on review.--Review by a judge having 
     jurisdiction under subsection (a)(1) shall be limited to that 
     required to make the findings described in paragraph (1). The 
     judge shall not have jurisdiction to review the means by 
     which an acquisition under this section may be conducted.
       ``(B)  Review of probable cause.--If the judge determines 
     that the facts submitted under subsection (b) are 
     insufficient to establish probable cause to issue an order 
     under this subsection, the judge shall enter an order so 
     stating and provide a written statement for the record of the 
     reasons for such determination. The Government may appeal an 
     order under this clause pursuant to subsection (e).
       ``(C) Review of minimization procedures.--If the judge 
     determines that the minimization procedures applicable to 
     dissemination of information obtained through an acquisition 
     under this subsection do not meet the definition of 
     minimization procedures under section 101(h) or section 
     301(4), the judge shall enter an order so stating and provide 
     a written statement for the record of the reasons for such 
     determination. The Government may appeal an order under this 
     clause pursuant to subsection (e).
       ``(D) Scope of review of certification.--If the judge 
     determines that the certification provided under subsection 
     (b)(4) is clearly erroneous on the basis of the information 
     furnished under subsection (b), the judge shall enter an 
     order so stating and provide a written statement for the 
     record of the reasons for such determination. The Government 
     may appeal an order under this clause pursuant to subsection 
     (e).
       ``(4) Duration.--An order under this paragraph shall be 
     effective for a period not to exceed 90 days and such order 
     may be renewed for additional 90-day periods upon submission 
     of renewal applications meeting the requirements of 
     subsection (b).
       ``(5) Compliance.--At or prior to the end of the period of 
     time for which an order or extension is granted under this 
     section, the judge may assess compliance with the 
     minimization procedures by reviewing the circumstances under 
     which information concerning United States persons was 
     disseminated, provided that the judge may not inquire into 
     the circumstances relating to the conduct of the acquisition.
       ``(d) Emergency Authorization.--
       ``(1) Authority for emergency authorization.--
     Notwithstanding any other provision in this subsection, if 
     the Attorney General reasonably determines that--
       ``(A) an emergency situation exists with respect to the 
     acquisition of foreign intelligence information for which an 
     order may be obtained under subsection (c) before an order 
     under that subsection may, with due diligence, be obtained; 
     and
       ``(B) the factual basis for issuance of an order under this 
     section exists,

     the Attorney General may authorize the emergency acquisition 
     if a judge having jurisdiction under subsection (a)(1) is 
     informed by the Attorney General or a designee of the 
     Attorney General at the time of such authorization that the 
     decision has been made to conduct such acquisition and if an 
     application in accordance with this subsection is made 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 acquisition.
       ``(2) Minimization procedures.--If the Attorney General 
     authorizes such emergency acquisition, the Attorney General 
     shall require that the minimization procedures required by 
     this subsection be followed.
       ``(3) Termination of emergency authorization.--In the 
     absence of an order under subsection (c), the acquisition 
     shall terminate when the information sought is obtained, if 
     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) Use of information.--In the event that such 
     application is denied, or in any other case where the 
     acquisition is terminated and no order is issued approving 
     the acquisition, no information obtained or evidence derived 
     from such acquisition, except under circumstances in which 
     the target of the acquisition is determined not to be a 
     United States person during the pendency of the 168-hour 
     emergency acquisition period, shall be received in evidence 
     or otherwise disclosed in any trial, hearing, or other 
     proceeding in or before any court, grand jury, department, 
     office, agency, regulatory body, legislative committee, or 
     other authority of the United States, a State, or political 
     subdivision thereof, and no information concerning any United 
     States person acquired from such acquisition shall 
     subsequently be used or disclosed in any other manner by 
     Federal officers or employees without the consent of such 
     person, except with the approval of the Attorney General if 
     the information indicates a threat of death or serious bodily 
     harm to any person.
       ``(e) Appeal.--
       ``(1) Appeal to the court of review.--The Government may 
     file an appeal with the Foreign Intelligence Surveillance 
     Court of Review for review of an order issued pursuant to 
     subsection (c). The Court of Review shall have jurisdiction 
     to consider such appeal and shall provide a written statement 
     for the record of the reasons for a decision under this 
     paragraph.
       ``(2) Certiorari to the supreme court.--The Government may 
     file a petition for a writ of certiorari for review of the 
     decision of the Court of Review issued under paragraph (1). 
     The record for such review shall be transmitted under seal to 
     the Supreme Court of the United States, which shall have 
     jurisdiction to review such decision.

     ``SEC. 706. JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS.

       ``(a) Joint Applications and Orders.--If an acquisition 
     targeting a United States person under section 704 or section 
     705 is proposed to be conducted both inside and outside the 
     United States, a judge having jurisdiction under section 
     704(a)(1) or section 705(a)(1) may issue simultaneously, upon 
     the request of the Government in a joint application 
     complying with the requirements of section 704(b) or section 
     705(b), orders under section 704(b) or section 705(b), as 
     applicable.
       ``(b) Concurrent Authorization.--If an order authorizing 
     electronic surveillance or physical search has been obtained 
     under section 105 or section 304 and that order is still in 
     effect, the Attorney General may authorize, without an order 
     under section 704 or section 705, an acquisition of foreign 
     intelligence information targeting that United States person 
     while such person is reasonably believed to be located 
     outside the United States.

     ``SEC. 707. USE OF INFORMATION ACQUIRED UNDER TITLE VII.

       ``(a) Information Acquired Under Section 703.--Information 
     acquired from an acquisition conducted under section 703 
     shall be deemed to be information acquired from an electronic 
     surveillance pursuant to title I for purposes of section 106, 
     except for the purposes of subsection (j) of such section.
       ``(b) Information Acquired Under Section 704.--Information 
     acquired from an acquisition conducted under section 704 
     shall be deemed to be information acquired from an electronic 
     surveillance pursuant to title I for purposes of section 106.

     ``SEC. 708. CONGRESSIONAL OVERSIGHT.

       ``(a) Semiannual Report.--Not less frequently than once 
     every 6 months, the Attorney General shall fully inform, in a 
     manner consistent with national security, the congressional 
     intelligence committees, the Committee on the Judiciary of 
     the Senate, and the Committee on the Judiciary of the House 
     of Representatives, concerning the implementation of this 
     title.
       ``(b) Content.--Each report made under subparagraph (a) 
     shall include--
       ``(1) with respect to section 703--
       ``(A) any certifications made under subsection 703(f) 
     during the reporting period;
       ``(B) any directives issued under subsection 703(g) during 
     the reporting period;
       ``(C) a description of 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 section;
       ``(D) any actions taken to challenge or enforce a directive 
     under paragraphs (4) or (5) of section 703(g);
       ``(E) any compliance reviews conducted by the Department of 
     Justice or the Office of the Director of National 
     Intelligence of acquisitions authorized under subsection 
     703(a);
       ``(F) a description of any incidents of noncompliance with 
     a directive issued by the Attorney General and the Director 
     of National Intelligence under subsection 703(g), including--
       ``(i) incidents of noncompliance by an element of the 
     intelligence community with procedures adopted pursuant to 
     subsections (d) and (e) of section 703; and
       ``(ii) incidents of noncompliance by a specified person to 
     whom the Attorney General and Director of National 
     Intelligence issued a directive under subsection 703(g); and
       ``(G) any procedures implementing this section;
       ``(2) with respect to section 704--
       ``(A) the total number of applications made for orders 
     under section 704(b);
       ``(B) the total number of such orders either granted, 
     modified, or denied; and
       ``(C) the total number of emergency acquisitions authorized 
     by the Attorney General under section 704(d) and the total 
     number of subsequent orders approving or denying such 
     acquisitions; and
       ``(3) with respect to section 705--
       ``(A) the total number of applications made for orders 
     under 705(b);
       ``(B) the total number of such orders either granted, 
     modified, or denied; and
       ``(C) the total number of emergency acquisitions authorized 
     by the Attorney General under subsection 705(d) and the total 
     number of subsequent orders approving or denying such 
     applications.''.
       (b) Table of Contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et. seq.) is amended--
       (1) by striking the item relating to title VII;

[[Page S294]]

       (2) by striking the item relating to section 701; and
       (3) by adding at the end the following:

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

``Sec. 701. Limitation on definition of electronic surveillance.
``Sec. 702. Definitions.
``Sec. 703. Procedures for targeting certain persons outside the United 
              States other than United States persons.
``Sec. 704. Certain acquisitions inside the United States of United 
              States persons outside the United States.
``Sec. 705. Other acquisitions targeting United States persons outside 
              the United States.
``Sec. 706. Joint applications and concurrent authorizations.
``Sec. 707. Use of information acquired under title VII.
``Sec. 708. Congressional oversight.''.

       (c) Technical and Conforming Amendments.--
       (1) Title 18, united states code.--
       (A) Section 2232.--Section 2232(e) of title 18, United 
     States Code, is amended by inserting ``(as defined in section 
     101(f) of the Foreign Intelligence Surveillance Act of 1978, 
     regardless of the limitation of section 701 of that Act)'' 
     after ``electronic surveillance''.
       (B) Section 2511.--Section 2511(2)(a)(ii)(A) of title 18, 
     United States Code, is amended by inserting ``or a court 
     order pursuant to section 705 of the Foreign Intelligence 
     Surveillance Act of 1978'' after ``assistance''.
       (2) Foreign intelligence surveillance act of 1978.--
       (A) Section 109.--Section 109 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1809) is amended by 
     adding at the end the following:
       ``(e) Definition.--For the purpose of this section, the 
     term `electronic surveillance' means electronic surveillance 
     as defined in section 101(f) of this Act regardless of the 
     limitation of section 701 of this Act.''.
       (B) Section 110.--Section 110 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1810) is amended by--
       (i) adding an ``(a)'' before ``Civil Action'',
       (ii) redesignating subsections (a) through (c) as 
     paragraphs (1) through (3), respectively; and
       (iii) adding at the end the following:
       ``(b) Definition.--For the purpose of this section, the 
     term `electronic surveillance' means electronic surveillance 
     as defined in section 101(f) of this Act regardless of the 
     limitation of section 701 of this Act.''.
       (C) Section 601.--Section 601(a)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)) 
     is amended by striking subparagraphs (C) and (D) and 
     inserting the following:
       ``(C) pen registers under section 402;
       ``(D) access to records under section 501;
       ``(E) acquisitions under section 704; and
       ``(F) acquisitions under section 705;''.
       (d) Termination of Authority.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsections (a)(2), (b), and (c) shall 
     cease to have effect on December 31, 2013.
       (2) Continuing applicability.--Section 703(g)(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(g) of that Act (as 
     so amended) during the period such directive was in effect. 
     Section 704(e) of the Foreign Intelligence Surveillance Act 
     of 1978 (as amended by subsection (a)) shall remain in effect 
     with respect to an order or request for emergency assistance 
     under that section. 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 707 of that Act (as so amended).

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

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


  ``STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND 
        INTERCEPTION OF DOMESTIC COMMUNICATIONS MAY BE CONDUCTED

       ``Sec. 112.  The procedures of chapters 119, 121, and 206 
     of title 18, United States Code, and this Act shall be the 
     exclusive means by which electronic surveillance (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) Table of Contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) is amended by 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.''.

       (c) Conforming Amendments.--Section 2511(2) of title 18, 
     United States Code, is amended in paragraph (f), by striking 
     ``, as defined in section 101 of such Act,'' and inserting 
     ``(as defined in section 101(f) of such Act regardless of the 
     limitation of section 701 of such Act)''.

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

       (a) Inclusion of Certain Orders in Semiannual Reports of 
     Attorney General.--Subsection (a)(5) of section 601 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1871) is amended by striking ``(not including orders)'' and 
     inserting ``, orders,''.
       (b) Reports by Attorney General on Certain Other Orders.--
     Such section 601, as amended by subsection (a), is further 
     amended by adding at the end the following:
       ``(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 Foreign 
     Intelligence Surveillance Court or the Foreign Intelligence 
     Surveillance Court of Review 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.''.
       (c) Definitions.--Such section 601, as amended by 
     subsections (a) and (b), is further amended by adding at the 
     end the following:
       ``(d) Definitions.--In this section:
       ``(1) Foreign intelligence surveillance court; court.--The 
     term `` `Foreign Intelligence Surveillance Court' '' means 
     the court established by section 103(a).
       ``(2) Foreign intelligence surveillance court of review; 
     court of review.--The term `Foreign Intelligence Surveillance 
     Court of Review' means the court established by section 
     103(b).''.

     SEC. 104. APPLICATIONS FOR COURT ORDERS.

       Section 104 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1804) is amended--
       (1) in subsection (a)--
       (A) by striking paragraphs (2) and (11);
       (B) by redesignating paragraphs (3) through (10) as 
     paragraphs (2) through (9), respectively;
       (C) in paragraph (5), as redesignated by subparagraph (B) 
     of this paragraph, by striking ``detailed'';
       (D) in paragraph (6), as redesignated by subparagraph (B) 
     of this paragraph, in the matter preceding subparagraph (A)--
       (i) by striking ``Affairs or'' and inserting ``Affairs,''; 
     and
       (ii) by striking ``Senate--'' and inserting ``Senate, or 
     the Deputy Director of the Federal Bureau of Investigation, 
     if designated by the President as a certifying official--'';
       (E) in paragraph (7), as redesignated by subparagraph (B) 
     of this paragraph, by striking ``statement of'' and inserting 
     ``summary statement of'';
       (F) in paragraph (8), as redesignated by subparagraph (B) 
     of this paragraph, by adding ``and'' at the end; and
       (G) in paragraph (9), as redesignated by subparagraph (B) 
     of this paragraph, by striking ``; and'' and inserting a 
     period;
       (2) by striking subsection (b);
       (3) by redesignating subsections (c) through (e) as 
     subsections (b) through (d), respectively; and
       (4) in paragraph (1)(A) of subsection (d), as redesignated 
     by paragraph (3) of this subsection, by striking ``or the 
     Director of National Intelligence'' and inserting ``the 
     Director of National Intelligence, or the Director of the 
     Central Intelligence Agency''.

     SEC. 105. ISSUANCE OF AN ORDER.

       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 
     reasonably--
       ``(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.

[[Page S295]]

       ``(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).''.

     SEC. 106. USE OF INFORMATION.

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

     SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES.

       (a) Applications.--Section 303 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1823) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) through (9) as 
     paragraphs (2) through (8), respectively;
       (C) in paragraph (2), as redesignated by subparagraph (B) 
     of this paragraph, by striking ``detailed'';
       (D) in paragraph (3)(C), as redesignated by subparagraph 
     (B) of this paragraph, by inserting ``or is about to be'' 
     before ``owned''; and
       (E) in paragraph (6), as redesignated by subparagraph (B) 
     of this paragraph, in the matter preceding subparagraph (A)--
       (i) by striking ``Affairs or'' and inserting ``Affairs,''; 
     and
       (ii) by striking ``Senate--'' and inserting ``Senate, or 
     the Deputy Director of the Federal Bureau of Investigation, 
     if designated by the President as a certifying official--''; 
     and
       (2) in subsection (d)(1)(A), by striking ``or the Director 
     of National Intelligence'' and inserting ``the Director of 
     National Intelligence, or the Director of the Central 
     Intelligence Agency''.
       (b) Orders.--Section 304 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1824) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1); 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 reasonably--
       ``(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) Conforming Amendments.--The Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
     amended--
       (1) in section 304(a)(4), as redesignated by subsection (b) 
     of this section, by striking ``303(a)(7)(E)'' and inserting 
     ``303(a)(6)(E)''; and
       (2) in section 305(k)(2), by striking ``303(a)(7)'' and 
     inserting ``303(a)(6)''.

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

       Section 403 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1843) is amended--
       (1) in subsection (a)(2), by striking ``48 hours'' and 
     inserting ``168 hours''; and
       (2) in subsection (c)(1)(C), by striking ``48 hours'' and 
     inserting ``168 hours''.

     SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT.

       (a) Designation of Judges.--Subsection (a) of section 103 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1803) is amended by inserting ``at least'' before 
     ``seven of the United States judicial circuits''.
       (b) En Banc Authority.--
       (1) In general.--Subsection (a) of section 103 of the 
     Foreign Intelligence Surveillance Act of 1978, as amended by 
     subsection (a) of this section, is further amended--
       (A) by inserting ``(1)'' after ``(a)''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) The court established under this subsection may, 
     on its own initiative, or upon the request of the Government 
     in any proceeding or a party under section 501(f) or 
     paragraph (4) or (5) of section 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) Conforming amendments.--The Foreign Intelligence 
     Surveillance Act of 1978 is further amended--
       (A) in subsection (a) of section 103, as amended by this 
     subsection, by inserting ``(except when sitting en banc under 
     paragraph (2))'' after ``no judge designated under this 
     subsection''; and
       (B) in section 302(c) (50 U.S.C. 1822(c)), by inserting 
     ``(except when sitting en banc)'' after ``except that no 
     judge''.
       (c) Stay or Modification During an Appeal.--Section 103 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f)(1) A judge of the court established under subsection 
     (a), the court established under subsection (b) or a judge of 
     that court, or the Supreme Court of the United States or a 
     justice of that court, may, in accordance with the rules of 
     their respective courts, enter a stay of an order or an order 
     modifying an order of the court established under subsection 
     (a) or the court established under subsection (b) entered 
     under any title of this Act, while the court established 
     under subsection (a) conducts a rehearing, while an appeal is 
     pending to the court established under subsection (b), or 
     while a petition of certiorari is pending in the Supreme 
     Court of the United States, or during the pendency of any 
     review by that court.
       ``(2) The authority described in paragraph (1) shall apply 
     to an order entered under any provision of this Act.''.

[[Page S296]]

     SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.

       Section 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''.

  TITLE II--PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Assistance.--The term ``assistance'' means the 
     provision of, or the provision of access to, information 
     (including communication contents, communications records, or 
     other information relating to a customer or communication), 
     facilities, or another form of assistance.
       (2) Contents.--The term ``contents'' has the meaning given 
     that term in section 101(n) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(n)).
       (3) Covered civil action.--The term ``covered civil 
     action'' means a civil action filed in a Federal or State 
     court that--
       (A) alleges that an electronic communication service 
     provider furnished assistance to an element of the 
     intelligence community; and
       (B) seeks monetary or other relief from the electronic 
     communication service provider related to the provision of 
     such assistance.
       (4) Electronic communication service provider.--The term 
     ``electronic communication service provider'' means--
       (A) a telecommunications carrier, as that term is defined 
     in section 3 of the Communications Act of 1934 (47 U.S.C. 
     153);
       (B) a provider of an electronic communication service, as 
     that term is defined in section 2510 of title 18, United 
     States Code;
       (C) a provider of a remote computing service, as that term 
     is defined in section 2711 of title 18, United States Code;
       (D) any other communication service provider who has access 
     to wire or electronic communications either as such 
     communications are transmitted or as such communications are 
     stored;
       (E) a parent, subsidiary, affiliate, successor, or assignee 
     of an entity described in subparagraph (A), (B), (C), or (D); 
     or
       (F) an officer, employee, or agent of an entity described 
     in subparagraph (A), (B), (C), (D), or (E).
       (5) Element of the intelligence community.--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)).

     SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS.

       (a) Limitations.--
       (1) In general.--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--
       (A) the assistance alleged to have been provided by the 
     electronic communication service provider was--
       (i) in connection with an intelligence activity involving 
     communications that was--

       (I) authorized by the President during the period beginning 
     on September 11, 2001, and ending on January 17, 2007; and
       (II) designed to detect or prevent a terrorist attack, or 
     activities in preparation for a terrorist attack, against the 
     United States; and

       (ii) 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--

       (I) authorized by the President; and
       (II) determined to be lawful; or

       (B) the electronic communication service provider did not 
     provide the alleged assistance.
       (2) Review.--A certification made pursuant to paragraph (1) 
     shall be subject to review by a court for abuse of 
     discretion.
       (b) Review of Certifications.--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--
       (1) review such certification in camera and ex parte; and
       (2) 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.
       (c) Nondelegation.--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.
       (d) Civil Actions in State Court.--A covered civil action 
     that is brought in a State court shall be deemed to arise 
     under the Constitution and laws of the United States and 
     shall be removable under section 1441 of title 28, United 
     States Code.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to limit any otherwise available immunity, 
     privilege, or defense under any other provision of law.
       (f) Effective Date and Application.--This section shall 
     apply to any covered civil action that is pending on or filed 
     after the date of enactment of this Act.

     SEC. 203. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES 
                   UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
                   OF 1978.

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

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

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Assistance.--The term `assistance' means the 
     provision of, or the provision of access to, information 
     (including communication contents, communications records, or 
     other information relating to a customer or communication), 
     facilities, or another form of assistance.
       ``(2) Attorney general.--The term `Attorney General' has 
     the meaning give that term in section 101(g).
       ``(3) Contents.--The term `contents' has the meaning given 
     that term in section 101(n).
       ``(4) Electronic communication service provider.--The term 
     `electronic communication service provider' means--
       ``(A) a telecommunications carrier, as that term is defined 
     in section 3 of the Communications Act of 1934 (47 U.S.C. 
     153);
       ``(B) a provider of electronic communication service, as 
     that term is defined in section 2510 of title 18, United 
     States Code;
       ``(C) a provider of a remote computing service, as that 
     term is defined in section 2711 of title 18, United States 
     Code;
       ``(D) any other communication service provider who has 
     access to wire or electronic communications either as such 
     communications are transmitted or as such communications are 
     stored;
       ``(E) a parent, subsidiary, affiliate, successor, or 
     assignee of an entity described in subparagraph (A), (B), 
     (C), or (D); or
       ``(F) an officer, employee, or agent of an entity described 
     in subparagraph (A), (B), (C), (D), or (E).
       ``(5) Element of the intelligence community.--The term 
     `element of the intelligence community' 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)).
       ``(6) Person.--The term `person' means--
       ``(A) an electronic communication service provider; or
       ``(B) a landlord, custodian, or other person who may be 
     authorized or required to furnish assistance pursuant to--
       ``(i) an order of the court established under section 
     103(a) directing such assistance;
       ``(ii) a certification in writing under section 
     2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; 
     or
       ``(iii) a directive under section 102(a)(4), 105B(e), as in 
     effect on the day before the date of the enactment of the 
     FISA Amendments Act of 2008 or 703(h).
       ``(7) State.--The term `State' means any State, political 
     subdivision of a State, the Commonwealth of Puerto Rico, the 
     District of Columbia, and any territory or possession of the 
     United States, and includes any officer, public utility 
     commission, or other body authorized to regulate an 
     electronic communication service provider.

     ``SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES.

       ``(a) Requirement for Certification.--
       ``(1) In general.--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--
       ``(A) any assistance by that person was provided pursuant 
     to an order of the court established under section 103(a) 
     directing such assistance;
       ``(B) 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;
       ``(C) 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 
     FISA Amendments Act of 2008, or 703(h) directing such 
     assistance; or
       ``(D) the person did not provide the alleged assistance.
       ``(2) Review.--A certification made pursuant to paragraph 
     (1) shall be subject to review by a court for abuse of 
     discretion.
       ``(b) Limitations on Disclosure.--If the Attorney General 
     files a declaration under section 1746 of title 28, United 
     States Code, that disclosure of a certification made pursuant 
     to subsection (a) would harm the national security of the 
     United States, the court shall--
       ``(1) review such certification in camera and ex parte; and
       ``(2) 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.
       ``(c) Removal.--A civil action against a person for 
     providing assistance to an element of the intelligence 
     community that is brought in a State court shall be deemed to 
     arise under the Constitution and laws of the

[[Page S297]]

     United States and shall be removable under section 1441 of 
     title 28, United States Code.
       ``(d) Relationship to Other Laws.--Nothing in this section 
     may be construed to limit any otherwise available immunity, 
     privilege, or defense under any other provision of law.
       ``(e) Applicability.--This section shall apply to a civil 
     action pending on or filed after the date of enactment of the 
     FISA Amendments Act of 2008.''.

     SEC. 204. PREEMPTION OF STATE INVESTIGATIONS.

       Title 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:

     ``SEC. 803. PREEMPTION.

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

     SEC. 205. TECHNICAL AMENDMENTS.

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

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

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

                      TITLE III--OTHER PROVISIONS

     SEC. 301. SEVERABILITY.

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

     SEC. 302. EFFECTIVE DATE; REPEAL; TRANSITION PROCEDURES.

       (a) In General.--Except as provided in subsection (c), the 
     amendments made by this Act shall take effect on the date of 
     the enactment of this Act.
       (b) Repeal.--
       (1) In general.--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.
       (2) Table of contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) is amended by striking the items 
     relating to sections 105A, 105B, and 105C.
       (c) Transitions Procedures.--
       (1) Protection from liability.--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.
       (2) Orders in effect.--
       (A) Orders in effect on date of enactment.--Notwithstanding 
     any other provision of this Act or of the Foreign 
     Intelligence Surveillance Act of 1978--
       (i) 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
       (ii) 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.
       (B) Orders in effect on december 31, 2013.--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.
       (3) Authorizations and directives in effect.--
       (A) Authorizations and directives in effect on date of 
     enactment.--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)).
       (B) Authorizations and directives in effect on december 31, 
     2013.--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 707 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).
       (4) Use of information acquired under protect america 
     act.--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.
       (5) New orders.--Notwithstanding any other provision of 
     this Act or of the Foreign Intelligence Surveillance Act of 
     1978--
       (A) 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
       (B) 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.
       (6) Extant authorizations.--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.
       (7) Applicable provisions.--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.
       (8) Transition procedures concerning the targeting of 
     united states persons overseas.--Any authorization in effect 
     on the date of enactment of this Act under section 2.5 of 
     Executive Order 12333 to intentionally target a United States 
     person reasonably believed to be located outside the United 
     States shall remain in effect, and shall constitute a 
     sufficient basis for conducting such an acquisition targeting 
     a United States person located outside the United States 
     until the earlier of--
       (A) the date that authorization expires; or
       (B) the date that is 90 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3912. Mr. FEINGOLD (for himself and Mr. Dodd) submitted an 
amendment intended to be proposed to amendment SA 3911 proposed by Mr. 
Rockefeller (for himself and Mr. Bond) to the bill S. 2248, to amend 
the Foreign Intelligence Surveillance Act of 1978, to modernize and 
streamline the provisions of that Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 10 between lines 5 and 6, insert the following:
       ``(vii) the acquisition of the contents (as that term is 
     defined in section 2510(8) of title 18, United States Code)) 
     of any communication is limited to communications to which 
     any party is an individual target (which

[[Page S298]]

     shall not be limited to known or named individuals) who is 
     reasonably believed to be located outside of the United 
     States, and a significant purpose of the acquisition of the 
     communications of the target is to obtain foreign 
     intelligence information; and
                                 ______
                                 
  SA 3913. Mr. FEINGOLD (for himself, Mr. Menendez, and Mr. Dodd) 
submitted an amendment intended to be proposed to amendment SA 3911 
proposed by Mr. Rockefeller (for himself and Mr. Bond) to the bill S. 
2248, to amend the Foreign Intelligence Surveillance Act of 1978, to 
modernize and streamline the provisions of that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 6, line 6, strike ``the purpose'' and all that 
     follows through line 9 and insert the following: ``a 
     significant purpose of such acquisition is to acquire the 
     communications of a particular, known person reasonably 
     believed to be located in the United States, except in 
     accordance with title I;''.
       On page 7, line 7, strike ``United States.'' and insert the 
     following: ``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 particular, known person 
     reasonably believed to be located in the United States.''.
       On page 9, between lines 9 and 10, insert the following:
       ``(iii) 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 particular, known person reasonably 
     believed to be located in the United States;
       On page 17, line 2, strike ``United States.'' and insert 
     the following: ``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 particular, known person reasonably 
     believed to be located in the United States.''.
                                 ______
                                 
  SA 3914. Mr. FEINGOLD (for himself, Mr. Menendez, and Mr. Dodd) 
submitted an amendment intended to be proposed to amendment SA 3911 
proposed by Mr. Rockefeller (for himself and Mr. Bond) to the bill S. 
2248, to amend the Foreign Intelligence Surveillance Act of 1978, to 
modernize and streamline the provisions of that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 6, strike line 4 and all that follows through page 
     17, line 2, and insert the following:
       ``(2) may not intentionally target a person reasonably 
     believed to be located outside the United States if a 
     significant purpose of such acquisition is to acquire the 
     communications of a particular, known person reasonably 
     believed to be located in the United States, except in 
     accordance with title I;
       ``(3) may not intentionally target a United States person 
     reasonably believed to be located outside the United States, 
     except in accordance with sections 704, 705, or 706; and
       ``(4) shall be conducted in a manner consistent with the 
     fourth amendment to the Constitution of the United States.
       ``(c) Conduct of Acquisition.--An acquisition authorized 
     under subsection (a) may be conducted only in accordance 
     with--
       ``(1) a certification made by the Attorney General and the 
     Director of National Intelligence pursuant to subsection (f); 
     and
       ``(2) the targeting and minimization procedures required 
     pursuant to subsections (d) and (e).
       ``(d) Targeting Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt targeting procedures that are reasonably designed 
     to ensure that any acquisition authorized under subsection 
     (a) is limited to targeting persons reasonably believed to be 
     located outside the United States, and 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 
     particular, known person reasonably believed to be located in 
     the United States.
       ``(2) Judicial review.--The procedures referred to in 
     paragraph (1) shall be subject to judicial review pursuant to 
     subsection (h).
       ``(e) Minimization Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt, consistent with the requirements of section 
     101(h) or section 301(4), minimization procedures for 
     acquisitions authorized under subsection (a).
       ``(2) Judicial review.--The minimization procedures 
     required by this subsection shall be subject to judicial 
     review pursuant to subsection (h).
       ``(f) Certification.--
       ``(1) In general.--
       ``(A) Requirement.--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.
       ``(B) Exception.--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.
       ``(2) Requirements.--A certification made under this 
     subsection shall--
       ``(A) attest that--
       ``(i) there are reasonable procedures in place for 
     determining that the acquisition authorized under subsection 
     (a) is targeted at persons reasonably believed to be located 
     outside the United States and that such procedures have been 
     approved by, or will be submitted in not more than 5 days for 
     approval by, the Foreign Intelligence Surveillance Court 
     pursuant to subsection (h);
       ``(ii) 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;
       ``(iii) 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 particular, known person reasonably 
     believed to be located in the United States;
       ``(iv) a significant purpose of the acquisition is to 
     obtain foreign intelligence information;
       ``(v) the minimization procedures to be used with respect 
     to such acquisition--

       ``(I) meet the definition of minimization procedures under 
     section 101(h) or section 301(4); and
       ``(II) have been approved by, or will be submitted in not 
     more than 5 days for approval by, the Foreign Intelligence 
     Surveillance Court pursuant to subsection (h);

       ``(vi) the acquisition involves obtaining the foreign 
     intelligence information from or with the assistance of an 
     electronic communication service provider; and
       ``(vii) the acquisition does not constitute electronic 
     surveillance, as limited by section 701; and
       ``(B) be supported, as appropriate, by the affidavit of any 
     appropriate official in the area of national security who 
     is--
       ``(i) appointed by the President, by and with the consent 
     of the Senate; or
       ``(ii) the head of any element of the intelligence 
     community.
       ``(3) Limitation.--A certification made under this 
     subsection is not required to identify the specific 
     facilities, places, premises, or property at which the 
     acquisition authorized under subsection (a) will be directed 
     or conducted.
       ``(4) Submission to the court.--The Attorney General shall 
     transmit a copy of a certification made under this 
     subsection, and any supporting affidavit, under seal to the 
     Foreign Intelligence Surveillance Court 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.
       ``(5) Review.--The certification required by this 
     subsection shall be subject to judicial review pursuant to 
     subsection (h).
       ``(g) Directives and Judicial Review of Directives.--
       ``(1) Authority.--With respect to an acquisition authorized 
     under subsection (a), the Attorney General and the Director 
     of National Intelligence may direct, in writing, an 
     electronic communication service provider to--
       ``(A) immediately provide the Government with all 
     information, facilities, or assistance necessary to 
     accomplish the acquisition in a manner that will protect the 
     secrecy of the acquisition and produce a minimum of 
     interference with the services that such electronic 
     communication service provider is providing to the target; 
     and
       ``(B) maintain under security procedures approved by the 
     Attorney General and the Director of National Intelligence 
     any records concerning the acquisition or the aid furnished 
     that such electronic communication service provider wishes to 
     maintain.
       ``(2) Compensation.--The Government shall compensate, at 
     the prevailing rate, an electronic communication service 
     provider for providing information, facilities, or assistance 
     pursuant to paragraph (1).
       ``(3) Release from liability.--Notwithstanding any other 
     law, no cause of action shall lie in any court against any 
     electronic communication service provider for providing any 
     information, facilities, or assistance in accordance with a 
     directive issued pursuant to paragraph (1).
       ``(4) Challenging of directives.--
       ``(A) Authority to challenge.--An electronic communication 
     service provider receiving a directive issued pursuant to 
     paragraph (1) may challenge the directive by filing a 
     petition with the Foreign Intelligence Surveillance Court, 
     which shall have jurisdiction to review such a petition.
       ``(B) Assignment.--The presiding judge of the Court shall 
     assign the petition filed

[[Page S299]]

     under subparagraph (A) to 1 of the judges serving in the pool 
     established by section 103(e)(1) not later than 24 hours 
     after the filing of the petition.
       ``(C) Standards for review.--A judge considering a petition 
     to modify or set aside a directive may grant such petition 
     only if the judge finds that the directive does not meet the 
     requirements of this section or is otherwise unlawful. 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.
       ``(D) Continued effect.--Any directive not explicitly 
     modified or set aside under this paragraph shall remain in 
     full effect.
       ``(E) Contempt of court.--Failure to obey an order of the 
     Court issued under this paragraph may be punished by the 
     Court as contempt of court.
       ``(5) Enforcement of directives.--
       ``(A) Order to compel.--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, which shall have jurisdiction to review 
     such a petition.
       ``(B) Assignment.--The presiding judge of the Court shall 
     assign a petition filed under subparagraph (A) to 1 of the 
     judges serving in the pool established by section 103(e)(1) 
     not later than 24 hours after the filing of the petition.
       ``(C) Standards for review.--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.
       ``(D) Contempt of court.--Failure to obey an order of the 
     Court issued under this paragraph may be punished by the 
     Court as contempt of court.
       ``(E) Process.--Any process under this paragraph may be 
     served in any judicial district in which the electronic 
     communication service provider may be found.
       ``(6) Appeal.--
       ``(A) Appeal to the court of review.--The Government or an 
     electronic communication service provider receiving a 
     directive issued pursuant to paragraph (1) may file a 
     petition with the Foreign Intelligence Surveillance Court of 
     Review for review of 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.
       ``(B) Certiorari to the supreme court.--The Government or 
     an electronic communication service provider receiving a 
     directive issued pursuant to paragraph (1) may file a 
     petition for a writ of certiorari for review of the decision 
     of the Court of Review issued under subparagraph (A). The 
     record for such review shall be transmitted under seal to the 
     Supreme Court of the United States, which shall have 
     jurisdiction to review such decision.
       ``(h) Judicial Review of Certifications and Procedures.--
       ``(1) In general.--
       ``(A) Review by the foreign intelligence surveillance 
     court.--The Foreign Intelligence Surveillance Court shall 
     have jurisdiction to review any certification required by 
     subsection (c) and the targeting and minimization procedures 
     adopted pursuant to subsections (d) and (e).
       ``(B) Submission to the court.--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.
       ``(2) Certifications.--The Court shall review a 
     certification provided under subsection (f) to determine 
     whether the certification contains all the required elements.
       ``(3) Targeting procedures.--The Court shall review the 
     targeting procedures required by subsection (d) to assess 
     whether the procedures are reasonably designed to ensure that 
     the acquisition authorized under subsection (a) is limited to 
     the targeting of persons reasonably believed to be located 
     outside the United States, and 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 particular, known person reasonably 
     believed to be located in the United States.
                                 ______
                                 
  SA 3915. Mr. FEINGOLD (for himself and Mr. Dodd) submitted an 
amendment intended to be proposed to amendment SA 3911 proposed by Mr. 
Rockefeller (for himself and Mr. Bond) to the bill S. 2248, to amend 
the Foreign Intelligence Surveillance Act of 1978, to modernize and 
streamline the provisions of that Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 17, strike line 20 and all that follows through 
     page 18, line 11, and insert the following:
       ``(B) Correction of deficiencies.--
       ``(i) In general.--If the Court finds that a certification 
     required by subsection (f) does not contain all of the 
     required elements, or that the procedures required by 
     subsections (d) and (e) are not consistent with the 
     requirements of those subsections or the fourth amendment to 
     the Constitution of the United States, the Court shall issue 
     an order directing the Government to, at the Government's 
     election and to the extent required by the Court's order--

       ``(I) correct any deficiency identified by the Court's 
     order not later than 30 days after the date the Court issues 
     the order; or
       ``(II) cease the acquisition authorized under subsection 
     (a).

       ``(ii) Limitation on use of information.--

       ``(I) In general.--Except as provided in subclause (II), no 
     information obtained or evidence derived from an acquisition 
     under clause (i)(I) concerning any United States person shall 
     be received in evidence or otherwise disclosed in any trial, 
     hearing, or other proceeding in or before any court, grand 
     jury, department, office, agency, regulatory body, 
     legislative committee, or other authority of the United 
     States, a State, or political subdivision thereof, and no 
     information concerning any United States person acquired from 
     such acquisition shall subsequently be used or disclosed in 
     any other manner by Federal officers or employees without the 
     consent of such person, except with the approval of the 
     Attorney General if the information indicates a threat of 
     death or serious bodily harm to any person.
       ``(II) Exception.--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.

                                 ______
                                 
  SA 3916. ((Mr. BOND proposed an amendment to amendment SA 3909 
submitted by Mr. Feingold (for himself and Mr. Dodd) to the amendment 
SA 3911 proposed by Mr. Rockefeller (for himself and Mr. Bond) to the 
bill S. 2248, to amend the Foreign Intelligence Surveillance Act of 
1978, to modernize and streamline the provisions of that Act, and for 
other purposes; as follows:

       On page 1, line 8, strike all after ``subsection (a)'' 
     through page 2, line 14, and insert the following: ``, with 
     due regard to the protection of the national security of the 
     United States-
       ``(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, not later than 45 days after such decision, 
     order, or opinion is issued; and
       ``(2) a copy of any such decision, order, or opinion that 
     was issued during the 5-year period ending on the date of the 
     enactment of the FISA Amendments Act of 2008 and not 
     previously submitted in a report under subsection (a).''.
                                 ______
                                 
  SA 3917. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2248, to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 70, between lines 7 and 8, insert the following:

     SEC. 111. STANDING AND CAUSE OF ACTION FOR PERSONS WHO 
                   REFRAIN FROM COMMUNICATIONS BY REASON OF FEAR 
                   OF ELECTRONIC SURVEILLANCE.

       (a) Standing and Cause of Action.--A United States citizen 
     shall have standing to bring a cause of action for damages 
     (as specified in subsection (d)) or declaratory or injunctive 
     relief against the United States if that individual has 
     refrained or is refraining from communications because of a 
     reasonable fear that such communications would be the subject 
     of electronic surveillance conducted without an order issued 
     in accordance with title I of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or a joint 
     authorization by the Attorney General and the Director of 
     National Intelligence issued in accordance with title VII of 
     the Foreign Intelligence Surveillance Act of 1978, as added 
     by this Act, under a claim of Presidential authority under 
     either the Constitution of the United States or the 
     Authorization for Use of Military Force (Public Law 107-40; 
     115 Stat. 224; 50 U.S.C. 1541 note).
       (b) Rules Applicable to Actions.--In any civil action filed 
     under subsection (a), the following shall apply:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard by a 3-
     judge court convened under section 2284 of title 28, United 
     States Code.
       (2) A copy of the complaint shall be delivered promptly to 
     the Attorney General, the Clerk of the House of 
     Representatives, and the Secretary of the Senate.
       (3) A reasonable fear that communications will be the 
     subject of electronic surveillance may be established by 
     evidence that the person bringing the action--
       (A) has had and intends to continue to have regular 
     communications from the United States to one or more persons 
     in Afghanistan, Iraq, Pakistan, or any country

[[Page S300]]

     designated as a state sponsor of terrorism in the course of 
     that person's paid employment doing journalistic, academic, 
     or other research pertaining to terrorism or terrorist 
     groups; or
       (B) has engaged and intends to continue to engage in one or 
     more commercial transactions with a bank or other financial 
     institution in a country described in subparagraph (A).
       (4) The procedures and standards of the Classified 
     Information Procedures Act (18 U.S.C. App.) shall apply to 
     the action.
       (5) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, after the entry of the final 
     decision.
       (6) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of the action 
     and appeal.
       (c) Mootness.--In any civil action filed under subsection 
     (a) for declaratory or injunctive relief, a defendant's claim 
     that the surveillance activity has been terminated may not be 
     grounds for dismissing the case, unless the Attorney General 
     files a declaration under section 1746 of title 28, United 
     States Code, affirming that--
       (1) the surveillance described in subsection (a) has 
     ceased; and
       (2) the executive branch of the Federal Government does not 
     have legal authority to renew the surveillance described in 
     subsection (a).
       (d) Limitation of Damages.--In any civil action filed under 
     subsection (a), a prevailing plaintiff shall recover--
       (1) damages for injuries arising from a reasonable fear 
     caused by the electronic surveillance described in subsection 
     (a) of not less than $50 and not more than $1000; and
       (2) reasonable attorney's fees and other investigation and 
     litigation costs reasonably incurred relating to that civil 
     action.
       (e) Severability.--If any provision of this section, 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.
       (f) Rules of Construction.--Nothing in this section may be 
     construed to--
       (1) affect a cause of action filed before the date of 
     enactment of this Act;
       (2) limit any cause of action available to a person under 
     any other provision of law, including the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.); or
       (3) limit the relief that may be awarded under any other 
     provision of law, including the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
       (g) Definition.--In this section, the term ``electronic 
     surveillance'' has the meaning given that term in section 101 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801).
                                 ______
                                 
  SA 3918. Mr. REID proposed an amendment to the bill S. 2248, to amend 
the Foreign Intelligence Surveillance Act of 1978, to modernize and 
streamline the provisions of that Act, and for other purposes; as 
follows:

     1. EXTENSION OF THE PROTECT AMERICA ACT OF 2007.

       Subsection (c) of section 6 of the Protect America Act of 
     2007 (Public Law 110-55; 121 Stat. 557; 50 U.S.C. 1803 note) 
     is amended by striking ``180'' and inserting ``210''.

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