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18 March 2008
[From the U.S. Government Printing Office via GPO Access]
[DOCID: h3773eah.txt]
[Engrossed Amendment House]
In the House of Representatives, U. S.,
March 14, 2008.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 3773) entitled ``An Act to amend the Foreign
Intelligence Surveillance Act of 1978 to establish a procedure for
authorizing certain acquisitions of foreign intelligence, and for other
purposes'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foreign
Intelligence Surveillance Act of 1978 Amendments Act of 2008'' or the
``FISA Amendments Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE
Sec. 101. Additional procedures regarding certain persons outside the
United States.
Sec. 102. Statement of exclusive means by which electronic surveillance
and interception of certain communications
may be conducted.
Sec. 103. Submittal to Congress of certain court orders under the
Foreign Intelligence Surveillance Act of
1978.
Sec. 104. Applications for court orders.
Sec. 105. Issuance of an order.
Sec. 106. Use of information.
Sec. 107. Amendments for physical searches.
Sec. 108. Amendments for emergency pen registers and trap and trace
devices.
Sec. 109. Foreign intelligence surveillance court.
Sec. 110. Review of previous actions.
Sec. 111. Weapons of mass destruction.
Sec. 112. Statute of limitations.
TITLE II--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
Sec. 201. Statutory defenses.
Sec. 202. Technical amendments.
TITLE III--COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES
Sec. 301. Commission on Warrantless Electronic Surveillance Activities.
TITLE IV--OTHER PROVISIONS
Sec. 401. Severability.
Sec. 402. Effective date.
Sec. 403. Repeals.
Sec. 404. Transition procedures.
Sec. 405. No rights under the FISA Amendments Act of 2008 for
undocumented aliens.
Sec. 406. Surveillance to protect the United States.
TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE
SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE
UNITED STATES.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended--
(1) by striking title VII; and
(2) by adding after title VI the following new title:
``TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE
THE UNITED STATES
``SEC. 701. DEFINITIONS.
``(a) In General.--The terms `agent of a foreign power', `Attorney
General', `contents', `electronic surveillance', `foreign intelligence
information', `foreign power', `minimization procedures', `person',
`United States', and `United States person' have the meanings given
such terms in section 101, except as specifically provided in this
title.
``(b) Additional Definitions.--
``(1) Congressional intelligence committees.--The term
`congressional intelligence committees' means--
``(A) the Select Committee on Intelligence of the
Senate; and
``(B) the Permanent Select Committee on
Intelligence of the House of Representatives.
``(2) Foreign intelligence surveillance court; court.--The
terms `Foreign Intelligence Surveillance Court' and `Court'
mean the court established by section 103(a).
``(3) Foreign intelligence surveillance court of review;
court of review.--The terms `Foreign Intelligence Surveillance
Court of Review' and `Court of Review' mean the court
established by section 103(b).
``(4) Electronic communication service provider.--The term
`electronic communication service provider' means--
``(A) a telecommunications carrier, as that term is
defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153);
``(B) a provider of electronic communication
service, as that term is defined in section 2510 of
title 18, United States Code;
``(C) a provider of a remote computing service, as
that term is defined in section 2711 of title 18,
United States Code;
``(D) any other communication service provider who
has access to wire or electronic communications either
as such communications are transmitted or as such
communications are stored; or
``(E) an officer, employee, or agent of an entity
described in subparagraph (A), (B), (C), or (D).
``(5) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
``SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED
STATES OTHER THAN UNITED STATES PERSONS.
``(a) Authorization.--Notwithstanding any other provision of law,
pursuant to an order issued in accordance with subsection (i)(3) or a
determination under subsection (g)(1)(B), the Attorney General and the
Director of National Intelligence may authorize jointly, for a period
of up to 1 year from the effective date of the authorization, the
targeting of persons reasonably believed to be located outside the
United States to acquire foreign intelligence information.
``(b) Limitations.--An acquisition authorized under subsection
(a)--
``(1) may not intentionally target any person known at the
time of acquisition to be located in the United States;
``(2) may not intentionally target a person reasonably
believed to be located outside the United States in order to
target a particular, known person reasonably believed to be in
the United States;
``(3) may not intentionally target a United States person
reasonably believed to be located outside the United States;
``(4) may not intentionally acquire any communication as to
which the sender and all intended recipients are known at the
time of the acquisition to be located in the United States; and
``(5) shall be conducted in a manner consistent with the
fourth amendment to the Constitution of the United States.
``(c) Conduct of Acquisition.--An acquisition authorized under
subsection (a) may be conducted only in accordance with--
``(1) a certification made by the Attorney General and the
Director of National Intelligence pursuant to subsection (g) or
a determination under paragraph (1)(B) of such subsection; and
``(2) the procedures and guidelines required pursuant to
subsections (d), (e), and (f).
``(d) Targeting Procedures.--
``(1) Requirement to adopt.--The Attorney General, in
consultation with the Director of National Intelligence, shall
adopt targeting procedures that are reasonably designed to
ensure that any acquisition authorized under subsection (a) is
limited to targeting persons reasonably believed to be located
outside the United States and does not result in the
intentional acquisition of any communication as to which the
sender and all intended recipients are known at the time of the
acquisition to be located in the United States.
``(2) Judicial review.--The procedures required by
paragraph (1) shall be subject to judicial review pursuant to
subsection (i).
``(e) Minimization Procedures.--
``(1) Requirement to adopt.--The Attorney General, in
consultation with the Director of National Intelligence, shall
adopt minimization procedures for acquisitions authorized under
subsection (a) that--
``(A) in the case of electronic surveillance, meet
the definition of minimization procedures under section
101(h); and
``(B) in the case of a physical search, meet the
definition of minimization procedures under section
301(4).
``(2) Judicial review.--The minimization procedures
required by paragraph (1) shall be subject to judicial review
pursuant to subsection (i).
``(f) Guidelines for Compliance With Limitations.--
``(1) Requirement to adopt.--The Attorney General, in
consultation with the Director of National Intelligence, shall
adopt guidelines to ensure--
``(A) compliance with the limitations in subsection
(b); and
``(B) that an application is filed under section
104 or 303, if required by this Act.
``(2) Criteria.--With respect to subsection (b)(2), the
guidelines adopted pursuant to paragraph (1) shall contain
specific criteria for determining whether a significant purpose
of an acquisition is to acquire the communications of a
specific United States person reasonably believed to be located
in the United States. Such criteria shall include consideration
of whether--
``(A) the department or agency of the Federal
Government conducting the acquisition has made an
inquiry to another department or agency of the Federal
Government to gather information on the specific United
States person;
``(B) the department or agency of the Federal
Government conducting the acquisition has provided
information that identifies the specific United States
person to another department or agency of the Federal
Government;
``(C) the department or agency of the Federal
Government conducting the acquisition determines that
the specific United States person has been the subject
of ongoing interest or repeated investigation by a
department or agency of the Federal Government; and
``(D) the specific United States person is a
natural person.
``(3) Training.--The Director of National Intelligence
shall establish a training program for appropriate personnel of
the intelligence community to ensure that the guidelines
adopted pursuant to paragraph (1) are properly implemented.
``(4) Submission to congress and foreign intelligence
surveillance court.--The Attorney General shall submit the
guidelines adopted pursuant to paragraph (1) to--
``(A) the congressional intelligence committees;
``(B) the Committees on the Judiciary of the House
of Representatives and the Senate; and
``(C) the Foreign Intelligence Surveillance Court.
``(g) Certification.--
``(1) In general.--
``(A) Requirement.--Subject to subparagraph (B), if
the Attorney General and the Director of National
Intelligence seek to authorize an acquisition under
this section, the Attorney General and the Director of
National Intelligence shall provide, under oath, a
written certification, as described in this subsection.
``(B) Emergency authorization.--If the Attorney
General and the Director of National Intelligence
determine that an emergency situation exists, immediate
action by the Government is required, and time does not
permit the completion of judicial review pursuant to
subsection (i) prior to the initiation of an
acquisition, the Attorney General and the Director of
National Intelligence may authorize the acquisition and
shall submit to the Foreign Intelligence Surveillance
Court a certification under this subsection as soon as
possible but in no event more than 7 days after such
determination is made.
``(2) Requirements.--A certification made under this
subsection shall--
``(A) attest that--
``(i) there are reasonable procedures in
place for determining that the acquisition
authorized under subsection (a)--
``(I) is targeted at persons
reasonably believed to be located
outside the United States and such
procedures have been submitted to the
Foreign Intelligence Surveillance
Court; and
``(II) does not result in the
intentional acquisition of any
communication as to which the sender
and all intended recipients are known
at the time of the acquisition to be
located in the United States, and such
procedures have been submitted to the
Foreign Intelligence Surveillance
Court;
``(ii) guidelines have been adopted in
accordance with subsection (f) to ensure
compliance with the limitations in subsection
(b) and to ensure that applications are filed
under section 104 or section 303, if required
by this Act;
``(iii) the minimization procedures to be
used with respect to such acquisition--
``(I) meet the definition of
minimization procedures under section
101(h) or section 301(4) in accordance
with subsection (e); and
``(II) have been submitted to the
Foreign Intelligence Surveillance
Court;
``(iv) the procedures and guidelines
referred to in clauses (i), (ii), and (iii) are
consistent with the requirements of the fourth
amendment to the Constitution of the United
States;
``(v) a significant purpose of the
acquisition is to obtain foreign intelligence
information;
``(vi) the acquisition involves obtaining
the foreign intelligence information from or
with the assistance of an electronic
communication service provider; and
``(vii) the acquisition complies with the
limitations in subsection (b);
``(B) be supported, as appropriate, by the
affidavit of any appropriate official in the area of
national security who is--
``(i) appointed by the President, by and
with the consent of the Senate; or
``(ii) the head of an element of the
intelligence community; and
``(C) include--
``(i) an effective date for the
authorization that is between 30 and 60 days
from the submission of the written
certification to the court; or
``(ii) if the acquisition has begun or will
begin in less than 30 days from the submission
of the written certification to the court--
``(I) the date the acquisition
began or the effective date for the
acquisition;
``(II) a description of why
implementation was required in less
than 30 days from the submission of the
written certification to the court; and
``(III) if the acquisition is
authorized under paragraph (1)(B), the
basis for the determination that an
emergency situation exists, immediate
action by the government is required,
and time does not permit the completion
of judicial review prior to the
initiation of the acquisition.
``(3) Limitation.--A certification made under this
subsection is not required to identify the specific facilities,
places, premises, or property at which the acquisition
authorized under subsection (a) will be directed or conducted.
``(4) Submission to the court.--The Attorney General shall
transmit a copy of a certification made under this subsection,
and any supporting affidavit, under seal to the Foreign
Intelligence Surveillance Court before the initiation of an
acquisition under this section, except in accordance with
paragraph (1)(B). The Attorney General shall maintain such
certification under security measures adopted by the Chief
Justice of the United States and the Attorney General, in
consultation with the Director of National Intelligence.
``(5) Review.--A certification submitted pursuant to this
subsection shall be subject to judicial review pursuant to
subsection (i).
``(h) Directives and Judicial Review of Directives.--
``(1) Authority.--Pursuant to an order issued in accordance
with subsection (i)(3) or a determination under subsection
(g)(1)(B), the Attorney General and the Director of National
Intelligence may direct, in writing, an electronic
communication service provider to--
``(A) immediately provide the Government with all
information, facilities, or assistance necessary to
accomplish the acquisition authorized in accordance
with this section in a manner that will protect the
secrecy of the acquisition and produce a minimum of
interference with the services that such electronic
communication service provider is providing to the
target of the acquisition; and
``(B) maintain under security procedures approved
by the Attorney General and the Director of National
Intelligence any records concerning the acquisition or
the aid furnished that such electronic communication
service provider wishes to maintain.
``(2) Compensation.--The Government shall compensate, at
the prevailing rate, an electronic communication service
provider for providing information, facilities, or assistance
pursuant to paragraph (1).
``(3) Release from liability.--Notwithstanding any other
provision of law, no cause of action shall lie in any court
against any electronic communication service provider for
providing any information, facilities, or assistance in
accordance with a directive issued pursuant to paragraph (1).
``(4) Challenging of directives.--
``(A) Authority to challenge.--An electronic
communication service provider receiving a directive
issued pursuant to paragraph (1) may challenge the
directive by filing a petition with the Foreign
Intelligence Surveillance Court, which shall have
jurisdiction to review such a petition.
``(B) Assignment.--The presiding judge of the Court
shall assign the petition filed under subparagraph (A)
to 1 of the judges serving in the pool established by
section 103(e)(1) not later than 24 hours after the
filing of the petition.
``(C) Standards for review.--A judge considering a
petition to modify or set aside a directive may grant
such petition only if the judge finds that the
directive does not meet the requirements of this
section or is otherwise unlawful.
``(D) Procedures for initial review.--A judge shall
conduct an initial review of a petition filed under
subparagraph (A) not later than 5 days after being
assigned such petition. If the judge determines that
the petition does not consist of claims, defenses, or
other legal contentions that are warranted by existing
law, a nonfrivolous argument for extending, modifying,
or reversing existing law, or establishing new law, the
judge shall immediately deny the petition and affirm
the directive or any part of the directive that is the
subject of the petition and order the recipient to
comply with the directive or any part of it. Upon
making such a determination or promptly thereafter, the
judge shall provide a written statement for the record
of the reasons for a determination under this
subparagraph.
``(E) Procedures for plenary review.--If a judge
determines that a petition filed under subparagraph (A)
requires plenary review, the judge shall affirm,
modify, or set aside the directive that is the subject
of that petition not later than 30 days after being
assigned the petition. If the judge does not set aside
the directive, the judge shall immediately affirm or
modify the directive and order the recipient to comply
with the directive in its entirety or as modified. The
judge shall provide a written statement for the records
of the reasons for a determination under this
subparagraph.
``(F) Continued effect.--Any directive not
explicitly modified or set aside under this paragraph
shall remain in full effect.
``(G) Contempt of court.--Failure to obey an order
of the Court issued under this paragraph may be
punished by the Court as contempt of court.
``(5) Enforcement of directives.--
``(A) Order to compel.--If an electronic
communication service provider fails to comply with a
directive issued pursuant to paragraph (1), the
Attorney General may file a petition for an order to
compel the electronic communication service provider to
comply with the directive with the Foreign Intelligence
Surveillance Court, which shall have jurisdiction to
review such a petition.
``(B) Assignment.--The presiding judge of the Court
shall assign a petition filed under subparagraph (A) to
1 of the judges serving in the pool established by
section 103(e)(1) not later than 24 hours after the
filing of the petition.
``(C) Procedures for review.--A judge considering a
petition filed under subparagraph (A) shall issue an
order requiring the electronic communication service
provider to comply with the directive or any part of
it, as issued or as modified not later than 30 days
after being assigned the petition if the judge finds
that the directive meets the requirements of this
section and is otherwise lawful. The judge shall
provide a written statement for the record of the
reasons for a determination under this paragraph.
``(D) Contempt of court.--Failure to obey an order
of the Court issued under this paragraph may be
punished by the Court as contempt of court.
``(E) Process.--Any process under this paragraph
may be served in any judicial district in which the
electronic communication service provider may be found.
``(6) Appeal.--
``(A) Appeal to the court of review.--The
Government or an electronic communication service
provider receiving a directive issued pursuant to
paragraph (1) may file a petition with the Foreign
Intelligence Surveillance Court of Review for review of
a decision issued pursuant to paragraph (4) or (5). The
Court of Review shall have jurisdiction to consider
such a petition and shall provide a written statement
for the record of the reasons for a decision under this
paragraph.
``(B) Certiorari to the supreme court.--The
Government or an electronic communication service
provider receiving a directive issued pursuant to
paragraph (1) may file a petition for a writ of
certiorari for review of the decision of the Court of
Review issued under subparagraph (A). The record for
such review shall be transmitted under seal to the
Supreme Court of the United States, which shall have
jurisdiction to review such decision.
``(i) Judicial Review of Certifications and Procedures.--
``(1) In general.--
``(A) Review by the foreign intelligence
surveillance court.--The Foreign Intelligence
Surveillance Court shall have jurisdiction to review
any certification submitted pursuant to subsection (g)
and the targeting and minimization procedures required
by subsections (d) and (e).
``(B) Time period for review.--The Court shall
review the certification submitted pursuant to
subsection (g) and the targeting and minimization
procedures required by subsections (d) and (e) and
approve or deny an order under this subsection not
later than 30 days after the date on which a
certification is submitted.
``(2) Review.--The Court shall review the following:
``(A) Certifications.--A certification submitted
pursuant to subsection (g) to determine whether the
certification contains all the required elements.
``(B) Targeting procedures.--The targeting
procedures required by subsection (d) to assess whether
the procedures are reasonably designed to ensure that
the acquisition authorized under subsection (a) is
limited to the targeting of persons reasonably believed
to be located outside the United States and does not
result in the intentional acquisition of any
communication as to which the sender and all intended
recipients are known at the time of the acquisition to
be located in the United States.
``(C) Minimization procedures.--The minimization
procedures required by subsection (e) to assess whether
such procedures meet the definition of minimization
procedures under section 101(h) or section 301(4) in
accordance with subsection (e).
``(3) Orders.--
``(A) Approval.--If the Court finds that a
certification submitted pursuant to subsection (g)
contains all of the required elements and that the
procedures required by subsections (d) and (e) are
consistent with the requirements of those subsections
and with the fourth amendment to the Constitution of
the United States, the Court shall enter an order
approving the certification and the use of the
procedures for the acquisition.
``(B) Correction of deficiencies.--If the Court
finds that a certification submitted pursuant to
subsection (g) does not contain all of the required
elements or that the procedures required by subsections
(d) and (e) are not consistent with the requirements of
those subsections or the fourth amendment to the
Constitution of the United States--
``(i) in the case of a certification
submitted in accordance with subsection
(g)(1)(A), the Court shall deny the order,
identify any deficiency in the certification or
procedures, and provide the Government with an
opportunity to correct such deficiency; and
``(ii) in the case of a certification
submitted in accordance with subsection
(g)(1)(B), the Court shall issue an order
directing the Government to, at the
Government's election and to the extent
required by the Court's order--
``(I) correct any deficiency
identified by the Court not later than
30 days after the date the Court issues
the order; or
``(II) cease the acquisition
authorized under subsection (g)(1)(B).
``(C) Requirement for written statement.--In
support of its orders under this subsection, the Court
shall provide, simultaneously with the orders, for the
record a written statement of its reasons.
``(4) Appeal.--
``(A) Appeal to the court of review.--The
Government may appeal any order under this section to
the Foreign Intelligence Surveillance Court of Review,
which shall have jurisdiction to review such order. For
any decision affirming, reversing, or modifying an
order of the Foreign Intelligence Surveillance Court,
the Court of Review shall provide for the record a
written statement of its reasons.
``(B) Continuation of acquisition pending rehearing
or appeal.--Any acquisition affected by an order under
paragraph (3)(B)(ii) may continue--
``(i) during the pendency of any rehearing
of the order by the Court en banc; and
``(ii) if the Government appeals an order
under this section, subject to subparagraph
(C), until the Court of Review enters an order
under subparagraph (A).
``(C) Implementation of emergency authority pending
appeal.--Not later than 60 days after the filing of an
appeal of an order issued under paragraph (3)(B)(ii)
directing the correction of a deficiency, the Court of
Review shall determine, and enter a corresponding order
regarding whether all or any part of the correction
order, as issued or modified, shall be implemented
during the pendency of the appeal. The Government shall
conduct an acquisition affected by such order issued
under paragraph (3)(B)(ii) in accordance with an order
issued under this subparagraph or shall cease such
acquisition.
``(D) Certiorari to the supreme court.--The
Government may file a petition for a writ of certiorari
for review of a decision of the Court of Review issued
under subparagraph (A). The record for such review
shall be transmitted under seal to the Supreme Court of
the United States, which shall have jurisdiction to
review such decision.
``(5) Schedule.--
``(A) Replacement of authorizations in effect.--If
the Attorney General and the Director of National
Intelligence seek to replace an authorization issued
pursuant to section 105B of the Foreign Intelligence
Surveillance Act of 1978, as added by section 2 of the
Protect America Act of 2007 (Public Law 110-55), the
Attorney General and the Director of National
Intelligence shall, to the extent practicable, submit
to the Court a certification under subsection (g) and
the procedures required by subsections (d), (e), and
(f) at least 30 days before the expiration of such
authorization.
``(B) Reauthorization of authorizations in
effect.--If the Attorney General and the Director of
National Intelligence seek to replace an authorization
issued pursuant to this section, the Attorney General
and the Director of National Intelligence shall, to the
extent practicable, submit to the Court a certification
under subsection (g) and the procedures required by
subsections (d), (e), and (f) at least 30 days prior to
the expiration of such authorization.
``(C) Consolidated submissions.--The Attorney
General and Director of National Intelligence shall, to
the extent practicable, annually submit to the Court a
consolidation of--
``(i) certifications under subsection (g)
for reauthorization of authorizations in
effect;
``(ii) the procedures required by
subsections (d), (e), and (f); and
``(iii) the annual review required by
subsection (l)(3) for the preceding year.
``(D) Timing of reviews.--The Attorney General and
the Director of National Intelligence shall, to the
extent practicable, schedule the completion of the
annual review under subsection (l)(3) and a semiannual
assessment under subsection (l)(1) so that they may be
submitted to the Court at the time of the consolidated
submission under subparagraph (C).
``(E) Construction.--The requirements of
subparagraph (C) shall not be construed to preclude the
Attorney General and the Director of National
Intelligence from submitting certifications for
additional authorizations at other times during the
year as necessary.
``(6) Compliance.--At or before the end of the period of
time for which a certification submitted pursuant to subsection
(g) and procedures required by subsection (d) and (e) are
approved by an order under this section, the Foreign
Intelligence Surveillance Court may assess compliance with the
minimization procedures required by subsection (e) by reviewing
the circumstances under which information concerning United
States persons was acquired, retained, or disseminated.
``(j) Judicial Proceedings.--
``(1) Expedited proceedings.--Judicial proceedings under
this section shall be conducted as expeditiously as possible.
``(2) Time limits.--A time limit for a judicial decision in
this section shall apply unless the Court, the Court of Review,
or any judge of either the Court or the Court of Review, by
order for reasons stated, extends that time for good cause.
``(k) Maintenance and Security of Records and Proceedings.--
``(1) Standards.--The Foreign Intelligence Surveillance
Court shall maintain a record of a proceeding under this
section, including petitions filed, orders granted, and
statements of reasons for decision, under security measures
adopted by the Chief Justice of the United States, in
consultation with the Attorney General and the Director of
National Intelligence.
``(2) Filing and review.--All petitions under this section
shall be filed under seal. In any proceedings under this
section, the court shall, upon request of the Government,
review ex parte and in camera any Government submission, or
portions of a submission, which may include classified
information.
``(3) Retention of records.--The Director of National
Intelligence and the Attorney General shall retain a directive
made or an order granted under this section for a period of not
less than 10 years from the date on which such directive or
such order is made.
``(l) Assessments and Reviews.--
``(1) Semiannual assessment.--Not less frequently than once
every 6 months, the Attorney General and Director of National
Intelligence shall assess compliance with the procedures and
guidelines required by subsections (d), (e), and (f) and shall
submit each assessment to--
``(A) the congressional intelligence committees;
``(B) the Committees on the Judiciary of the House
of Representatives and the Senate; and
``(C) the Foreign Intelligence Surveillance Court.
``(2) Agency assessment.--The Inspectors General of the
Department of Justice and of each element of the intelligence
community authorized to acquire foreign intelligence
information under subsection (a), with respect to such
Department or such element--
``(A) are authorized to review compliance with the
procedures and guidelines required by subsections (d),
(e), and (f);
``(B) with respect to acquisitions authorized under
subsection (a), shall review the disseminated
intelligence reports containing a reference to a United
States person identity and the number of United States
person identities subsequently disseminated by the
element concerned in response to requests for
identities that were not referred to by name or title
in the original reporting;
``(C) with respect to acquisitions authorized under
subsection (a), shall review the targets that were
later determined to be located in the United States
and, to the extent possible, whether their
communications were reviewed; and
``(D) shall provide each such review to--
``(i) the Attorney General;
``(ii) the Director of National
Intelligence;
``(iii) the congressional intelligence
committees;
``(iv) the Committees on the Judiciary of
the House of Representatives and the Senate;
and
``(v) the Foreign Intelligence Surveillance
Court.
``(3) Annual review.--
``(A) Requirement to conduct.--The head of each
element of the intelligence community conducting an
acquisition authorized under subsection (a) shall
conduct an annual review to determine whether there is
reason to believe that foreign intelligence information
has been or will be obtained from the acquisition. The
annual review shall provide, with respect to such
acquisitions authorized under subsection (a)--
``(i) the number and nature of disseminated
intelligence reports containing a reference to
a United States person identity;
``(ii) the number and nature of United
States person identities subsequently
disseminated by that element in response to
requests for identities that were not referred
to by name or title in the original reporting;
``(iii) the number of targets that were
later determined to be located in the United
States and, to the extent possible, whether
their communications were reviewed; and
``(iv) a description of any procedures
developed by the head of such element of the
intelligence community and approved by the
Director of National Intelligence to assess, in
a manner consistent with national security,
operational requirements and the privacy
interests of United States persons, the extent
to which the acquisitions authorized under
subsection (a) acquire the communications of
United States persons, and the results of any
such assessment.
``(B) Use of review.--The head of each element of
the intelligence community that conducts an annual
review under subparagraph (A) shall use each such
review to evaluate the adequacy of the minimization
procedures utilized by such element or the application
of the minimization procedures to a particular
acquisition authorized under subsection (a).
``(C) Provision of review.--The head of each
element of the intelligence community that conducts an
annual review under subparagraph (A) shall provide such
review to--
``(i) the Foreign Intelligence Surveillance
Court;
``(ii) the Attorney General;
``(iii) the Director of National
Intelligence;
``(iv) the congressional intelligence
committees; and
``(v) the Committees on the Judiciary of
the House of Representatives and the Senate.
``(m) Construction.--Nothing in this Act shall be construed to
require an application under section 104 for an acquisition that is
targeted in accordance with this section at a person reasonably
believed to be located outside the United States.
``SEC. 703. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES OF UNITED
STATES PERSONS OUTSIDE THE UNITED STATES.
``(a) Jurisdiction of the Foreign Intelligence Surveillance
Court.--
``(1) In general.--The Foreign Intelligence Surveillance
Court shall have jurisdiction to review an application and
enter an order approving the targeting of a United States
person reasonably believed to be located outside the United
States to acquire foreign intelligence information if the
acquisition constitutes electronic surveillance or the
acquisition of stored electronic communications or stored
electronic data that requires an order under this Act and such
acquisition is conducted within the United States.
``(2) Limitation.--If a United States person targeted under
this subsection is reasonably believed to be located in the
United States during the pendency of an order issued pursuant
to subsection (c), such acquisition shall cease unless
authority, other than under this section, is obtained pursuant
to this Act or the targeted United States person is again
reasonably believed to be located outside the United States
during the pendency of an order issued pursuant to subsection
(c).
``(b) Application.--
``(1) In general.--Each application for an order under this
section shall be made by a Federal officer in writing upon oath
or affirmation to a judge having jurisdiction under subsection
(a)(1). Each application shall require the approval of the
Attorney General based upon the Attorney General's finding that
it satisfies the criteria and requirements of such application,
as set forth in this section, and shall include--
``(A) the identity of the Federal officer making
the application;
``(B) the identity, if known, or a description of
the United States person who is the target of the
acquisition;
``(C) a statement of the facts and circumstances
relied upon to justify the applicant's belief that the
United States person who is the target of the
acquisition is--
``(i) a person reasonably believed to be
located outside the United States; and
``(ii) a foreign power, an agent of a
foreign power, or an officer or employee of a
foreign power;
``(D) a statement of proposed minimization
procedures that--
``(i) in the case of electronic
surveillance, meet the definition of
minimization procedures in section 101(h); and
``(ii) in the case of a physical search,
meet the definition of minimization procedures
in section 301(4);
``(E) a description of the nature of the
information sought and the type of communications or
activities to be subjected to acquisition;
``(F) a certification made by the Attorney General
or an official specified in section 104(a)(6) that--
``(i) the certifying official deems the
information sought to be foreign intelligence
information;
``(ii) a significant purpose of the
acquisition is to obtain foreign intelligence
information;
``(iii) such information cannot reasonably
be obtained by normal investigative techniques;
``(iv) identifies the type of foreign
intelligence information being sought according
to the categories described in each
subparagraph of section 101(e); and
``(v) includes a statement of the basis for
the certification that--
``(I) the information sought is the
type of foreign intelligence
information designated; and
``(II) such information cannot
reasonably be obtained by normal
investigative techniques;
``(G) a summary statement of the means by which the
acquisition will be conducted and whether physical
entry is required to effect the acquisition;
``(H) the identity of any electronic communication
service provider necessary to effect the acquisition,
provided, however, that the application is not required
to identify the specific facilities, places, premises,
or property at which the acquisition authorized under
this section will be directed or conducted;
``(I) a statement of the facts concerning any
previous applications that have been made to any judge
of the Foreign Intelligence Surveillance Court
involving the United States person specified in the
application and the action taken on each previous
application; and
``(J) a statement of the period of time for which
the acquisition is required to be maintained, provided
that such period of time shall not exceed 90 days per
application.
``(2) Other requirements of the attorney general.--The
Attorney General may require any other affidavit or
certification from any other officer in connection with the
application.
``(3) Other requirements of the judge.--The judge may
require the applicant to furnish such other information as may
be necessary to make the findings required by subsection
(c)(1).
``(c) Order.--
``(1) Findings.--Upon an application made pursuant to
subsection (b), the Foreign Intelligence Surveillance Court
shall enter an ex parte order as requested or as modified by
the Court approving the acquisition if the Court finds that--
``(A) the application has been made by a Federal
officer and approved by the Attorney General;
``(B) on the basis of the facts submitted by the
applicant, for the United States person who is the
target of the acquisition, there is probable cause to
believe that the target is--
``(i) a person reasonably believed to be
located outside the United States; and
``(ii) a foreign power, an agent of a
foreign power, or an officer or employee of a
foreign power;
``(C) the proposed minimization procedures--
``(i) in the case of electronic
surveillance, meet the definition of
minimization procedures in section 101(h); and
``(ii) in the case of a physical search,
meet the definition of minimization procedures
in section 301(4);
``(D) the application that has been filed contains
all statements and certifications required by
subsection (b) and the certification or certifications
are not clearly erroneous on the basis of the statement
made under subsection (b)(1)(F)(v) and any other
information furnished under subsection (b)(3).
``(2) Probable cause.--In determining whether or not
probable cause exists for purposes of paragraph (1)(B), a judge
having jurisdiction under subsection (a)(1) may consider past
activities of the target and facts and circumstances relating
to current or future activities of the target. No United States
person may be considered a foreign power, agent of a foreign
power, or officer or employee of a foreign power solely upon
the basis of activities protected by the first amendment to the
Constitution of the United States.
``(3) Review.--
``(A) Limitation on review.--Review by a judge
having jurisdiction under subsection (a)(1) shall be
limited to that required to make the findings described
in paragraph (1).
``(B) Review of probable cause.--If the judge
determines that the facts submitted under subsection
(b) are insufficient to establish probable cause under
paragraph (1)(B), the judge shall enter an order so
stating and provide a written statement for the record
of the reasons for such determination. The Government
may appeal an order under this subparagraph pursuant to
subsection (f).
``(C) Review of minimization procedures.--If the
judge determines that the proposed minimization
procedures referred to in paragraph (1)(C) do not meet
the definition of minimization procedures as required
under such paragraph the judge shall enter an order so
stating and provide a written statement for the record
of the reasons for such determination. The Government
may appeal an order under this subparagraph pursuant to
subsection (f).
``(D) Review of certification.--If the judge
determines that an application under subsection (b)
does not contain all of the required elements, or that
the certification or certifications are clearly
erroneous on the basis of the statement made under
subsection (b)(1)(F)(v) and any other information
furnished under subsection (b)(3), the judge shall
enter an order so stating and provide a written
statement for the record of the reasons for such
determination. The Government may appeal an order under
this subparagraph pursuant to subsection (f).
``(4) Specifications.--An order approving an acquisition
under this subsection shall specify--
``(A) the identity, if known, or a description of
the United States person who is the target of the
acquisition identified or described in the application
pursuant to subsection (b)(1)(B);
``(B) if provided in the application pursuant to
subsection (b)(1)(H), the nature and location of each
of the facilities or places at which the acquisition
will be directed;
``(C) the nature of the information sought to be
acquired and the type of communications or activities
to be subjected to acquisition;
``(D) the means by which the acquisition will be
conducted and whether physical entry is required to
effect the acquisition; and
``(E) the period of time during which the
acquisition is approved.
``(5) Directions.--An order approving an acquisition under
this subsection shall direct--
``(A) that the minimization procedures referred to
in paragraph (1)(C), as approved or modified by the
Court, be followed;
``(B) an electronic communication service provider
to provide to the Government forthwith all information,
facilities, or assistance necessary to accomplish the
acquisition authorized under such order in a manner
that will protect the secrecy of the acquisition and
produce a minimum of interference with the services
that such electronic communication service provider is
providing to the target of the acquisition;
``(C) an electronic communication service provider
to maintain under security procedures approved by the
Attorney General any records concerning the acquisition
or the aid furnished that such electronic communication
service provider wishes to maintain; and
``(D) that the Government compensate, at the
prevailing rate, such electronic communication service
provider for providing such information, facilities, or
assistance.
``(6) Duration.--An order approved under this subsection
shall be effective for a period not to exceed 90 days and such
order may be renewed for additional 90-day periods upon
submission of renewal applications meeting the requirements of
subsection (b).
``(7) Compliance.--At or prior to the end of the period of
time for which an acquisition is approved by an order or
extension under this section, the judge may assess compliance
with the minimization procedures referred to in paragraph
(1)(C) by reviewing the circumstances under which information
concerning United States persons was acquired, retained, or
disseminated.
``(d) Emergency Authorization.--
``(1) Authority for emergency authorization.--
Notwithstanding any other provision of this Act, if the
Attorney General reasonably determines that--
``(A) an emergency situation exists with respect to
the acquisition of foreign intelligence information for
which an order may be obtained under subsection (c)
before an order authorizing such acquisition can with
due diligence be obtained, and
``(B) the factual basis for issuance of an order
under this subsection to approve such acquisition
exists,
the Attorney General may authorize such acquisition if a judge
having jurisdiction under subsection (a)(1) is informed by the
Attorney General, or a designee of the Attorney General, at the
time of such authorization that the decision has been made to
conduct such acquisition and if an application in accordance
with this section is made to a judge of the Foreign
Intelligence Surveillance Court as soon as practicable, but not
more than 7 days after the Attorney General authorizes such
acquisition.
``(2) Minimization procedures.--If the Attorney General
authorizes an acquisition under paragraph (1), the Attorney
General shall require that the minimization procedures referred
to in subsection (c)(1)(C) for the issuance of a judicial order
be followed.
``(3) Termination of emergency authorization.--In the
absence of a judicial order approving an acquisition authorized
under paragraph (1), such acquisition shall terminate when the
information sought is obtained, when the application for the
order is denied, or after the expiration of 7 days from the
time of authorization by the Attorney General, whichever is
earliest.
``(4) Use of information.--If an application for approval
submitted pursuant to paragraph (1) is denied, or in any other
case where the acquisition is terminated and no order is issued
approving the acquisition, no information obtained or evidence
derived from such acquisition, except under circumstances in
which the target of the acquisition is determined not to be a
United States person, shall be received in evidence or
otherwise disclosed in any trial, hearing, or other proceeding
in or before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of
the United States, a State, or political subdivision thereof,
and no information concerning any United States person acquired
from such acquisition shall subsequently be used or disclosed
in any other manner by Federal officers or employees without
the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death
or serious bodily harm to any person.
``(e) Release From Liability.--Notwithstanding any other provision
of law, no cause of action shall lie in any court against any
electronic communication service provider for providing any
information, facilities, or assistance in accordance with an order or
request for emergency assistance issued pursuant to subsection (c) or
(d).
``(f) Appeal.--
``(1) Appeal to the foreign intelligence surveillance court
of review.--The Government may file an appeal with the Foreign
Intelligence Surveillance Court of Review for review of an
order issued pursuant to subsection (c). The Court of Review
shall have jurisdiction to consider such appeal and shall
provide a written statement for the record of the reasons for a
decision under this paragraph.
``(2) Certiorari to the supreme court.--The Government may
file a petition for a writ of certiorari for review of a
decision of the Court of Review under paragraph (1). The record
for such review shall be transmitted under seal to the Supreme
Court of the United States, which shall have jurisdiction to
review such decision.
``(g) Construction.--Nothing in this Act shall be construed to
require an application under section 104 for an acquisition that is
targeted in accordance with this section at a person reasonably
believed to be located outside the United States.
``SEC. 704. OTHER ACQUISITIONS TARGETING UNITED STATES PERSONS OUTSIDE
THE UNITED STATES.
``(a) Jurisdiction and Scope.--
``(1) Jurisdiction.--The Foreign Intelligence Surveillance
Court shall have jurisdiction to enter an order pursuant to
subsection (c).
``(2) Scope.--No department or agency of the Federal
Government may intentionally target, for the purpose of
acquiring foreign intelligence information, a United States
person reasonably believed to be located outside the United
States under circumstances in which the targeted United States
person has a reasonable expectation of privacy and a warrant
would be required if the acquisition were conducted inside the
United States for law enforcement purposes, unless a judge of
the Foreign Intelligence Surveillance Court has entered an
order with respect to such targeted United States person or the
Attorney General has authorized an emergency acquisition
pursuant to subsection (c) or (d) or any other provision of
this Act.
``(3) Limitations.--
``(A) Moving or misidentified targets.--If a
targeted United States person is reasonably believed to
be in the United States during the pendency of an order
issued pursuant to subsection (c), acquisitions
relating to such targeted United States Person shall
cease unless authority is obtained pursuant to this Act
or the targeted United States person is again
reasonably believed to be located outside the United
States during the pendency of such order.
``(B) Applicability.--If an acquisition is to be
conducted inside the United States and could be
authorized under section 703, the acquisition may only
be conducted if authorized under section 703 or in
accordance with another provision of this Act other
than this section.
``(b) Application.--Each application for an order under this
section shall be made by a Federal officer in writing upon oath or
affirmation to a judge having jurisdiction under subsection (a)(1).
Each application shall require the approval of the Attorney General
based upon the Attorney General's finding that it satisfies the
criteria and requirements of such application as set forth in this
section and shall include--
``(1) the identity of the Federal officer making the
application;
``(2) the identity, if known, or a description of the
specific United States person who is the target of the
acquisition;
``(3) a statement of the facts and circumstances relied
upon to justify the applicant's belief that the United States
person who is the target of the acquisition is--
``(A) a person reasonably believed to be located
outside the United States; and
``(B) a foreign power, an agent of a foreign power,
or an officer or employee of a foreign power;
``(4) a statement of proposed minimization procedures
that--
``(A) in the case of electronic surveillance, meet
the definition of minimization procedures in section
101(h); and
``(B) in the case of a physical search, meet the
definition of minimization procedures in section
301(4);
``(5) a certification made by the Attorney General, an
official specified in section 104(a)(6), or the head of an
element of the intelligence community that--
``(A) the certifying official deems the information
sought to be foreign intelligence information; and
``(B) a significant purpose of the acquisition is
to obtain foreign intelligence information;
``(6) a statement of the facts concerning any previous
applications that have been made to any judge of the Foreign
Intelligence Surveillance Court involving the United States
person specified in the application and the action taken on
each previous application; and
``(7) a statement of the period of time for which the
acquisition is required to be maintained, provided that such
period of time shall not exceed 90 days per application.
``(c) Order.--
``(1) Findings.--Upon an application made pursuant to
subsection (b), the Foreign Intelligence Surveillance Court
shall enter an ex parte order as requested or as modified by
the Court if the Court finds that--
``(A) the application has been made by a Federal
officer and approved by the Attorney General;
``(B) on the basis of the facts submitted by the
applicant, for the United States person who is the
target of the acquisition, there is probable cause to
believe that the target is--
``(i) a person reasonably believed to be
located outside the United States; and
``(ii) a foreign power, an agent of a
foreign power, or an officer or employee of a
foreign power;
``(C) the proposed minimization procedures--
``(i) in the case of electronic
surveillance, meet the definition of
minimization procedures in section 101(h); and
``(ii) in the case of a physical search,
meet the definition of minimization procedures
in section 301(4);
``(D) the application that has been filed contains
all statements and certifications required by
subsection (b) and the certification provided under
subsection (b)(5) is not clearly erroneous on the basis
of the information furnished under subsection (b).
``(2) Probable cause.--In determining whether or not
probable cause exists for purposes of an order under paragraph
(1)(B), a judge having jurisdiction under subsection (a)(1) may
consider past activities of the target and facts and
circumstances relating to current or future activities of the
target. No United States person may be considered a foreign
power, agent of a foreign power, or officer or employee of a
foreign power solely upon the basis of activities protected by
the first amendment to the Constitution of the United States.
``(3) Review.--
``(A) Limitations on review.--Review by a judge
having jurisdiction under subsection (a)(1) shall be
limited to that required to make the findings described
in paragraph (1). The judge shall not have jurisdiction
to review the means by which an acquisition under this
section may be conducted.
``(B) Review of probable cause.--If the judge
determines that the facts submitted under subsection
(b) are insufficient to establish probable cause under
paragraph (1)(B), the judge shall enter an order so
stating and provide a written statement for the record
of the reasons for such determination. The Government
may appeal an order under this clause pursuant to
subsection (e).
``(C) Review of minimization procedures.--If the
judge determines that the proposed minimization
procedures referred to in paragraph (1)(C) do not meet
the definition of minimization procedures as required
under such paragraph, the judge shall enter an order so
stating and provide a written statement for the record
of the reasons for such determination. The Government
may appeal an order under this clause pursuant to
subsection (e).
``(D) Scope of review of certification.--If the
judge determines that an application under subsection
(b) does not contain all the required elements, or that
the certification provided under subsection (b)(5) is
clearly erroneous on the basis of the information
furnished under subsection (b), the judge shall enter
an order so stating and provide a written statement for
the record of the reasons for such determination. The
Government may appeal an order under this clause
pursuant to subsection (e).
``(4) Duration.--An order under this paragraph shall be
effective for a period not to exceed 90 days and such order may
be renewed for additional 90-day periods upon submission of
renewal applications meeting the requirements of subsection
(b).
``(5) Compliance.--At or prior to the end of the period of
time for which an order or extension is granted under this
section, the judge may assess compliance with the minimization
procedures referred to in paragraph (1)(C) by reviewing the
circumstances under which information concerning United States
persons was disseminated, provided that the judge may not
inquire into the circumstances relating to the conduct of the
acquisition.
``(d) Emergency Authorization.--
``(1) Authority for emergency authorization.--
Notwithstanding any other provision of this section, if the
Attorney General reasonably determines that--
``(A) an emergency situation exists with respect to
the acquisition of foreign intelligence information for
which an order may be obtained under subsection (c)
before an order under that subsection may, with due
diligence, be obtained, and
``(B) the factual basis for the issuance of an
order under this section exists,
the Attorney General may authorize such acquisition if a judge
having jurisdiction under subsection (a)(1) is informed by the
Attorney General or a designee of the Attorney General at the
time of such authorization that the decision has been made to
conduct such acquisition and if an application in accordance
with this section is made to a judge of the Foreign
Intelligence Surveillance Court as soon as practicable, but not
more than 7 days after the Attorney General authorizes such
acquisition.
``(2) Minimization procedures.--If the Attorney General
authorizes an emergency acquisition under paragraph (1), the
Attorney General shall require that the minimization procedures
referred to in subsection (c)(1)(C) be followed.
``(3) Termination of emergency authorization.--In the
absence of an order under subsection (c), the acquisition
authorized under paragraph (1) shall terminate when the
information sought is obtained, if the application for the
order is denied, or after the expiration of 7 days from the
time of authorization by the Attorney General, whichever is
earliest.
``(4) Use of information.--If an application submitted
pursuant to paragraph (1) is denied, or in any other case where
an acquisition under this section is terminated and no order
with respect to the target of the acquisition is issued under
subsection (c), no information obtained or evidence derived
from such acquisition, except under circumstances in which the
target of the acquisition is determined not to be a United
States person, shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or
before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of
the United States, a State, or political subdivision thereof,
and no information concerning any United States person acquired
from such acquisition shall subsequently be used or disclosed
in any other manner by Federal officers or employees without
the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death
or serious bodily harm to any person.
``(e) Appeal.--
``(1) Appeal to the court of review.--The Government may
file an appeal with the Foreign Intelligence Surveillance Court
of Review for review of an order issued pursuant to subsection
(c). The Court of Review shall have jurisdiction to consider
such appeal and shall provide a written statement for the
record of the reasons for a decision under this paragraph.
``(2) Certiorari to the supreme court.--The Government may
file a petition for a writ of certiorari for review of a
decision of the Court of Review issued under paragraph (1). The
record for such review shall be transmitted under seal to the
Supreme Court of the United States, which shall have
jurisdiction to review such decision.
``SEC. 705. JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS.
``(a) Joint Applications and Orders.--If an acquisition targeting a
United States person under section 703 or section 704 is proposed to be
conducted both inside and outside the United States, a judge having
jurisdiction under section 703(a)(1) or section 704(a)(1) may issue
simultaneously, upon the request of the Government in a joint
application complying with the requirements of section 703(b) and
section 704(b), orders under section 703(c) and section 704(c), as
appropriate.
``(b) Concurrent Authorization.--
``(1) Electronic surveillance.--If an order authorizing
electronic surveillance has been obtained under section 105 and
that order is still in effect, during the pendency of that
order the Attorney General may authorize, without an order
under section 703 or 704, electronic surveillance for the
purpose of acquiring foreign intelligence information targeting
that United States person while such person is reasonably
believed to be located outside the United States.
``(2) Physical search.--If an order authorizing a physical
search has been obtained under section 304 and that order is
still in effect, during the pendency of that order the Attorney
General may authorize, without an order under section 703 or
704, a physical search for the purpose of acquiring foreign
intelligence information targeting that United States person
while such person is reasonably believed to be located outside
the United States.
``SEC. 706. USE OF INFORMATION ACQUIRED UNDER TITLE VII.
``Information acquired pursuant to section 702 or 703 shall be
considered information acquired from an electronic surveillance
pursuant to title I for purposes of section 106.
``SEC. 707. CONGRESSIONAL OVERSIGHT.
``(a) Semiannual Report.--Not less frequently than once every 6
months, the Attorney General shall fully inform, in a manner consistent
with national security, the congressional intelligence committees and
the Committees on the Judiciary of the Senate and the House of
Representatives, concerning the implementation of this title.
``(b) Content.--Each report made under subsection (a) shall
include--
``(1) with respect to section 702--
``(A) any certifications made under section 702(g)
during the reporting period;
``(B) with respect to each certification made under
paragraph (1)(B) of such section, the reasons for
exercising the authority under such paragraph;
``(C) any directives issued under section 702(h)
during the reporting period;
``(D) a description of the judicial review during
the reporting period of any such certifications and
targeting and minimization procedures adopted pursuant
to subsections (d) and (e) of section 702 utilized with
respect to such acquisition, including a copy of any
order or pleading in connection with such review that
contains a significant legal interpretation of the
provisions of section 702;
``(E) any actions taken to challenge or enforce a
directive under paragraph (4) or (5) of section 702(h);
``(F) any compliance reviews conducted by the
Attorney General or the Director of National
Intelligence of acquisitions authorized under
subsection 702(a);
``(G) a description of any incidents of
noncompliance with a directive issued by the Attorney
General and the Director of National Intelligence under
subsection 702(h), including--
``(i) incidents of noncompliance by an
element of the intelligence community with
procedures and guidelines adopted pursuant to
subsections (d), (e), and (f) of section 702;
and
``(ii) incidents of noncompliance by a
specified person to whom the Attorney General
and Director of National Intelligence issued a
directive under subsection 702(h); and
``(H) any procedures implementing section 702;
``(2) with respect to section 703--
``(A) the total number of applications made for
orders under section 703(b);
``(B) the total number of such orders--
``(i) granted;
``(ii) modified; or
``(iii) denied; and
``(C) the total number of emergency acquisitions
authorized by the Attorney General under section 703(d)
and the total number of subsequent orders approving or
denying such acquisitions; and
``(3) with respect to section 704--
``(A) the total number of applications made for
orders under 704(b);
``(B) the total number of such orders--
``(i) granted;
``(ii) modified; or
``(iii) denied; and
``(C) the total number of emergency acquisitions
authorized by the Attorney General under subsection
704(d) and the total number of subsequent orders
approving or denying such applications.
``SEC. 708. SAVINGS PROVISION.
``Nothing in this title shall be construed to limit the authority
of the Federal Government to seek an order or authorization under, or
otherwise engage in any activity that is authorized under, any other
title of this Act.''.
(b) Table of Contents.--The table of contents in the first section
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et. seq.) is amended--
(1) by striking the item relating to title VII;
(2) by striking the item relating to section 701; and
(3) by adding at the end the following:
``TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE
THE UNITED STATES
``Sec. 701. Definitions.
``Sec. 702. Procedures for targeting certain persons outside the United
States other than United States persons.
``Sec. 703. Certain acquisitions inside the United States of United
States persons outside the United States.
``Sec. 704. Other acquisitions targeting United States persons outside
the United States.
``Sec. 705. Joint applications and concurrent authorizations.
``Sec. 706. Use of information acquired under title VII.
``Sec. 707. Congressional oversight.
``Sec. 708. Savings provision.''.
(c) Technical and Conforming Amendments.--
(1) Title 18, united states code.--Section
2511(2)(a)(ii)(A) of title 18, United States Code, is amended
by inserting ``or a court order pursuant to section 704 of the
Foreign Intelligence Surveillance Act of 1978'' after
``assistance''.
(2) Foreign intelligence surveillance act of 1978.--Section
601(a)(1) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1871(a)(1)) is amended--
(A) in subparagraph (C), by striking ``and''; and
(B) by adding at the end the following new
subparagraphs:
``(E) acquisitions under section 703; and
``(F) acquisitions under section 704;''.
SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE
AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE
CONDUCTED.
(a) Statement of Exclusive Means.--Title I of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by adding at the end the following new section:
``statement of exclusive means by which electronic surveillance and
interception of certain communications may be conducted
``Sec. 112. (a) Except as provided in subsection (b), the
procedures of chapters 119, 121, and 206 of title 18, United States
Code, and this Act shall be the exclusive means by which electronic
surveillance and the interception of domestic wire, oral, or electronic
communications may be conducted.
``(b) Only an express statutory authorization for electronic
surveillance or the interception of domestic wire, oral, or electronic
communications, other than as an amendment to this Act or chapters 119,
121, or 206 of title 18, United States Code, shall constitute an
additional exclusive means for the purpose of subsection (a).''.
(b) Offense.--Section 109(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking
``authorized by statute'' each place it appears in such section and
inserting ``authorized by this Act, chapter 119, 121, or 206 of title
18, United States Code, or any express statutory authorization that is
an additional exclusive means for conducting electronic surveillance
under section 112.''; and
(c) Conforming Amendments.--
(1) Title 18, united states code.--Section 2511(2)(a) of
title 18, United States Code, is amended by adding at the end
the following:
``(iii) If a certification under
subparagraph (ii)(B) for assistance to obtain
foreign intelligence information is based on
statutory authority, the certification shall
identify the specific statutory provision, and
shall certify that the statutory requirements
have been met.''; and
(2) Table of contents.--The table of contents in the first
section of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended by inserting after the item
relating to section 111 the following new item:
``Sec. 112. Statement of exclusive means by which electronic
surveillance and interception of certain
communications may be conducted.''.
SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Inclusion of Certain Orders in Semiannual Reports of Attorney
General.--Subsection (a)(5) of section 601 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended by striking ``(not
including orders)'' and inserting ``, orders,''.
(b) Reports by Attorney General on Certain Other Orders.--Such
section 601 is further amended by adding at the end the following:
``(c) Submissions to Congress.--The Attorney General shall submit
to the committees of Congress referred to in subsection (a)--
``(1) a copy of any decision, order, or opinion issued by
the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes
significant construction or interpretation of any provision of
this Act, and any pleadings, applications, or memoranda of law
associated with such decision, order, or opinion, not later
than 45 days after such decision, order, or opinion is issued;
and
``(2) a copy of any such decision, order, or opinion, and
any pleadings, applications, or memoranda of law associated
with such decision, order, or opinion, that was issued during
the 5-year period ending on the date of the enactment of the
FISA Amendments Act of 2008 and not previously submitted in a
report under subsection (a).
``(d) Protection of National Security.--The Attorney General, in
consultation with the Director of National Intelligence, may authorize
redactions of materials described in subsection (c) that are provided
to the committees of Congress referred to in subsection (a), if such
redactions are necessary to protect the national security of the United
States and are limited to sensitive sources and methods information or
the identities of targets.''.
(c) Definitions.--Such section 601, as amended by subsections (a)
and (b), is further amended by adding at the end the following:
``(e) Definitions.--In this section:
``(1) Foreign intelligence surveillance court.--The term
`Foreign Intelligence Surveillance Court' means the court
established by section 103(a).
``(2) Foreign intelligence surveillance court of review.--
The term `Foreign Intelligence Surveillance Court of Review'
means the court established by section 103(b).''.
SEC. 104. APPLICATIONS FOR COURT ORDERS.
Section 104 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1804) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (2) and (11);
(B) by redesignating paragraphs (3) through (10) as
paragraphs (2) through (9), respectively;
(C) in paragraph (5), as redesignated by
subparagraph (B) of this paragraph, by striking
``detailed'';
(D) in paragraph (7), as redesignated by
subparagraph (B) of this paragraph, by striking
``statement of'' and inserting ``summary statement
of'';
(E) in paragraph (8), as redesignated by
subparagraph (B) of this paragraph, by adding ``and''
at the end; and
(F) in paragraph (9), as redesignated by
subparagraph (B) of this paragraph, by striking ``;
and'' and inserting a period;
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively; and
(4) in paragraph (1)(A) of subsection (d), as redesignated
by paragraph (3) of this subsection, by striking ``or the
Director of National Intelligence'' and inserting ``the
Director of National Intelligence, or the Director of the
Central Intelligence Agency''.
SEC. 105. ISSUANCE OF AN ORDER.
Section 105 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(2) in subsection (b), by striking ``(a)(3)'' and inserting
``(a)(2)'';
(3) in subsection (c)(1)--
(A) in subparagraph (D), by adding ``and'' at the
end;
(B) in subparagraph (E), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (F);
(4) by striking subsection (d);
(5) by redesignating subsections (e) through (i) as
subsections (d) through (h), respectively;
(6) by amending subsection (e), as redesignated by
paragraph (5) of this section, to read as follows:
``(e)(1) Notwithstanding any other provision of this title, the
Attorney General may authorize the emergency employment of electronic
surveillance if the Attorney General--
``(A) reasonably determines that an emergency
situation exists with respect to the employment of
electronic surveillance to obtain foreign intelligence
information before an order authorizing such
surveillance can with due diligence be obtained;
``(B) reasonably determines that the factual basis
for the issuance of an order under this title to
approve such electronic surveillance exists;
``(C) informs, either personally or through a
designee, a judge having jurisdiction under section 103
at the time of such authorization that the decision has
been made to employ emergency electronic surveillance;
and
``(D) makes an application in accordance with this
title to a judge having jurisdiction under section 103
as soon as practicable, but not later than 7 days after
the Attorney General authorizes such surveillance.
``(2) If the Attorney General authorizes the emergency
employment of electronic surveillance under paragraph (1), the
Attorney General shall require that the minimization procedures
required by this title for the issuance of a judicial order be
followed.
``(3) In the absence of a judicial order approving such
electronic surveillance, the surveillance shall terminate when
the information sought is obtained, when the application for
the order is denied, or after the expiration of 7 days from the
time of authorization by the Attorney General, whichever is
earliest.
``(4) A denial of the application made under this
subsection may be reviewed as provided in section 103.
``(5) In the event that such application for approval is
denied, or in any other case where the electronic surveillance
is terminated and no order is issued approving the
surveillance, no information obtained or evidence derived from
such surveillance shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or
before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of
the United States, a State, or political subdivision thereof,
and no information concerning any United States person acquired
from such surveillance shall subsequently be used or disclosed
in any other manner by Federal officers or employees without
the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death
or serious bodily harm to any person.
``(6) The Attorney General shall assess compliance with the
requirements of paragraph (5).''; and
(7) by adding at the end the following:
``(i) In any case in which the Government makes an application to a
judge under this title to conduct electronic surveillance involving
communications and the judge grants such application, upon the request
of the applicant, the judge shall also authorize the installation and
use of pen registers and trap and trace devices, and direct the
disclosure of the information set forth in section 402(d)(2).''.
SEC. 106. USE OF INFORMATION.
Subsection (i) of section 106 of the Foreign Intelligence
Surveillance Act of 1978 (8 U.S.C. 1806) is amended by striking ``radio
communication'' and inserting ``communication''.
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES.
(a) Applications.--Section 303 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1823) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (9) as
paragraphs (2) through (8), respectively;
(C) in paragraph (2), as redesignated by
subparagraph (B) of this paragraph, by striking
``detailed''; and
(D) in paragraph (3)(C), as redesignated by
subparagraph (B) of this paragraph, by inserting ``or
is about to be'' before ``owned''; and
(2) in subsection (d)(1)(A), by striking ``or the Director
of National Intelligence'' and inserting ``the Director of
National Intelligence, or the Director of the Central
Intelligence Agency''.
(b) Orders.--Section 304 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1824) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(2) by amending subsection (e) to read as follows:
``(e)(1) Notwithstanding any other provision of this title, the
Attorney General may authorize the emergency employment of a physical
search if the Attorney General--
``(A) reasonably determines that an emergency
situation exists with respect to the employment of a
physical search to obtain foreign intelligence
information before an order authorizing such physical
search can with due diligence be obtained;
``(B) reasonably determines that the factual basis
for issuance of an order under this title to approve
such physical search exists;
``(C) informs, either personally or through a
designee, a judge of the Foreign Intelligence
Surveillance Court at the time of such authorization
that the decision has been made to employ an emergency
physical search; and
``(D) makes an application in accordance with this
title to a judge of the Foreign Intelligence
Surveillance Court as soon as practicable, but not more
than 7 days after the Attorney General authorizes such
physical search.
``(2) If the Attorney General authorizes the emergency
employment of a physical search under paragraph (1), the
Attorney General shall require that the minimization procedures
required by this title for the issuance of a judicial order be
followed.
``(3) In the absence of a judicial order approving such
physical search, the physical search shall terminate when the
information sought is obtained, when the application for the
order is denied, or after the expiration of 7 days from the
time of authorization by the Attorney General, whichever is
earliest.
``(4) A denial of the application made under this
subsection may be reviewed as provided in section 103.
``(5)(A) In the event that such application for approval is
denied, or in any other case where the physical search is
terminated and no order is issued approving the physical
search, no information obtained or evidence derived from such
physical search shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or
before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of
the United States, a State, or political subdivision thereof,
and no information concerning any United States person acquired
from such physical search shall subsequently be used or
disclosed in any other manner by Federal officers or employees
without the consent of such person, except with the approval of
the Attorney General if the information indicates a threat of
death or serious bodily harm to any person.
``(B) The Attorney General shall assess compliance with the
requirements of subparagraph (A).''.
(c) Conforming Amendments.--The Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(1) in section 304(a)(4), as redesignated by subsection (b)
of this section, by striking ``303(a)(7)(E)'' and inserting
``303(a)(6)(E)''; and
(2) in section 305(k)(2), by striking ``303(a)(7)'' and
inserting ``303(a)(6)''.
SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS AND TRAP AND TRACE
DEVICES.
Section 403 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1843) is amended--
(1) in subsection (a)(2), by striking ``48 hours'' and
inserting ``7 days''; and
(2) in subsection (c)(1)(C), by striking ``48 hours'' and
inserting ``7 days''.
SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) Designation of Judges.--Subsection (a) of section 103 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended by inserting ``at least'' before ``seven of the United States
judicial circuits''.
(b) En Banc Authority.--
(1) In general.--Subsection (a) of section 103 of the
Foreign Intelligence Surveillance Act of 1978, as amended by
subsection (a) of this section, is further amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) The court established under this subsection, on its own
initiative or upon the request of the Government in any proceeding or a
party under section 501(f) or paragraph (4) or (5) of section 703(h),
may hold a hearing or rehearing, en banc, when ordered by a majority of
the judges that constitute such court upon a determination that--
``(i) en banc consideration is necessary to secure or
maintain uniformity of the court's decisions; or
``(ii) the proceeding involves a question of exceptional
importance.
``(B) Any authority granted by this Act to a judge of the court
established under this subsection may be exercised by the court en
banc. When exercising such authority, the court en banc shall comply
with any requirements of this Act on the exercise of such authority.
``(C) For purposes of this paragraph, the court en banc shall
consist of all judges who constitute the court established under this
subsection.''.
(2) Conforming amendments.--The Foreign Intelligence
Surveillance Act of 1978 is further amended--
(A) in subsection (a) of section 103, as amended by
this subsection, by inserting ``(except when sitting en
banc under paragraph (2))'' after ``no judge designated
under this subsection''; and
(B) in section 302(c) (50 U.S.C. 1822(c)), by
inserting ``(except when sitting en banc)'' after
``except that no judge''.
(c) Stay or Modification During an Appeal.--Section 103 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1) A judge of the court established under subsection (a), the
court established under subsection (b) or a judge of that court, or the
Supreme Court of the United States or a justice of that court, may, in
accordance with the rules of their respective courts, enter a stay of
an order or an order modifying an order of the court established under
subsection (a) or the court established under subsection (b) entered
under any title of this Act, while the court established under
subsection (a) conducts a rehearing, while an appeal is pending to the
court established under subsection (b), or while a petition of
certiorari is pending in the Supreme Court of the United States, or
during the pendency of any review by that court.
``(2) The authority described in paragraph (1) shall apply to an
order entered under any provision of this Act.''.
(d) Authority of Foreign Intelligence Surveillance Court.--Section
103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803), as amended by this Act, is further amended by adding at the end
the following:
``(i) Nothing in this Act shall be construed to reduce or
contravene the inherent authority of the court established by
subsection (a) to determine or enforce compliance with an order or a
rule of such court or with a procedure approved by such court.''.
SEC. 110. INSPECTOR GENERAL REVIEW OF PREVIOUS ACTIONS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House of
Representatives.
(2) Foreign intelligence surveillance court.--The term
``Foreign Intelligence Surveillance Court'' means the court
established by section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(3) President's surveillance program and program.--The
terms ``President's Surveillance Program'' and ``Program'' mean
the intelligence activity involving communications that was
authorized by the President during the period beginning on
September 11, 2001, and ending on January 17, 2007, including
the program referred to by the President in a radio address on
December 17, 2005 (commonly known as the Terrorist Surveillance
Program).
(b) Reviews.--
(1) Requirement to conduct.--The Inspectors General of the
Department of Justice, the Office of the Director of National
Intelligence, the National Security Agency, and any other
element of the intelligence community that participated in the
President's Surveillance Program shall complete a comprehensive
review of, with respect to the oversight authority and
responsibility of each such Inspector General--
(A) all of the facts necessary to describe the
establishment, implementation, product, and use of the
product of the Program;
(B) the procedures and substance of, and access to,
the legal reviews of the Program;
(C) communications with and participation of
individuals and entities in the private sector related
to the Program;
(D) interaction with the Foreign Intelligence
Surveillance Court and transition to court orders
related to the Program; and
(E) any other matters identified by any such
Inspector General that would enable that Inspector
General to complete a review of the Program, with
respect to such Department or element.
(2) Cooperation and coordination.--
(A) Cooperation.--Each Inspector General required
to conduct a review under paragraph (1) shall--
(i) work in conjunction, to the extent
practicable, with any other Inspector General
required to conduct such a review; and
(ii) utilize, to the extent practicable,
and not unnecessarily duplicate or delay such
reviews or audits that have been completed or
are being undertaken by any such Inspector
General or by any other office of the Executive
Branch related to the Program.
(B) Coordination.--The Inspectors General shall
designate one of the Inspectors General required to
conduct a review under paragraph (1) that is appointed
by the President, by and with the advice and consent of
the Senate, to coordinate the conduct of the reviews
and the preparation of the reports.
(c) Reports.--
(1) Preliminary reports.--Not later than 60 days after the
date of the enactment of this Act, the Inspectors General of
the Department of Justice, the Office of the Director of
National Intelligence, the National Security Agency, and any
other Inspector General required to conduct a review under
subsection (b)(1) shall submit to the appropriate committees of
Congress an interim report that describes the planned scope of
such review.
(2) Final report.--Not later than 1 year after the date of
the enactment of this Act, the Inspectors General of the
Department of Justice, the Office of the Director of National
Intelligence, the National Security Agency, and any other
Inspector General required to conduct a review under subsection
(b)(1) shall submit to the appropriate committees of Congress
and the Commission established under section 301(a) a
comprehensive report on such reviews that includes any
recommendations of any such Inspectors General within the
oversight authority and responsibility of any such Inspector
General.
(3) Form.--A report submitted under this subsection shall
be submitted in unclassified form, but may include a classified
annex. The unclassified report shall not disclose the name or
identity of any individual or entity of the private sector that
participated in the Program or with whom there was
communication about the Program, to the extent that information
is classified.
(d) Resources.--
(1) Expedited security clearance.--The Director of National
Intelligence shall ensure that the process for the
investigation and adjudication of an application by an
Inspector General or any appropriate staff of an Inspector
General for a security clearance necessary for the conduct of
the review under subsection (b)(1) is carried out as
expeditiously as possible.
(2) Additional personnel for the inspectors general.--An
Inspector General required to conduct a review under subsection
(b)(1) and submit a report under subsection (c) is authorized
to hire such additional personnel as may be necessary to carry
out such review and prepare such report in a prompt and timely
manner. Personnel authorized to be hired under this paragraph--
(A) shall perform such duties relating to such a
review as the relevant Inspector General shall direct;
and
(B) are in addition to any other personnel
authorized by law.
SEC. 111. WEAPONS OF MASS DESTRUCTION.
(a) Definitions.--
(1) Foreign power.--Subsection (a) of section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(a)) is amended--
(A) in paragraph (5), by striking ``persons; or''
and inserting ``persons;'';
(B) in paragraph (6), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) an entity not substantially composed of United States
persons that is engaged in the international proliferation of
weapons of mass destruction.''.
(2) Agent of a foreign power.--Subsection (b)(1) of such
section 101 is amended--
(A) in subparagraph (B), by striking ``or'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(D) engages in the international proliferation of
weapons of mass destruction, or activities in
preparation therefor; or''.
(3) Foreign intelligence information.--Subsection (e)(1)(B)
of such section 101 is amended by striking ``sabotage or
international terrorism'' and inserting ``sabotage,
international terrorism, or the international proliferation of
weapons of mass destruction''.
(4) Weapon of mass destruction.--Such section 101 is
amended by adding at the end the following new subsection:
``(p) `Weapon of mass destruction' means--
``(1) any explosive, incendiary, or poison gas device that
is intended or has the capability to cause a mass casualty
incident;
``(2) any weapon that is designed or intended to cause
death or serious bodily injury to a significant number of
persons through the release, dissemination, or impact of toxic
or poisonous chemicals or their precursors;
``(3) any weapon involving a biological agent, toxin, or
vector (as such terms are defined in section 178 of title 18,
United States Code) that is designed, intended, or has the
capability of causing death, illness, or serious bodily injury
to a significant number of persons; or
``(4) any weapon that is designed, intended, or has the
capability of releasing radiation or radioactivity causing
death, illness, or serious bodily injury to a significant
number of persons.''.
(b) Use of Information.--
(1) In general.--Section 106(k)(1)(B) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(k)(1)(B))
is amended by striking ``sabotage or international terrorism''
and inserting ``sabotage, international terrorism, or the
international proliferation of weapons of mass destruction''.
(2) Physical searches.--Section 305(k)(1)(B) of such Act
(50 U.S.C. 1825(k)(1)(B)) is amended by striking ``sabotage or
international terrorism'' and inserting ``sabotage,
international terrorism, or the international proliferation of
weapons of mass destruction''.
(c) Technical and Conforming Amendment.--Section 301(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(1)) is
amended by inserting ``weapon of mass destruction ,'' after
``person,''.
SEC. 112. STATUTE OF LIMITATIONS.
(a) In General.--Section 109 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1809) is amended by adding at the
end the following new subsection:
``(e) Statute of Limitations.--No person shall be prosecuted,
tried, or punished for any offense under this section unless the
indictment is found or the information is instituted not later than 10
years after the commission of the offense.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any offense committed before the date of the enactment of this Act
if the statute of limitations applicable to that offense has not run as
of such date.
TITLE II--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
SEC. 201. STATUTORY DEFENSES.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by adding after title VII the following:
``TITLE VIII--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Assistance.--The term `assistance' means the
provision of, or the provision of access to, information
(including communication contents, communications records, or
other information relating to a customer or communication),
facilities, or another form of assistance.
``(2) Attorney general.--The term `Attorney General' has
the meaning given that term in section 101(g).
``(3) Contents.--The term `contents' has the meaning given
that term in section 101(n).
``(4) Covered civil action.--The term `covered civil
action' means a suit in Federal or State court against any
person for providing assistance to an element of the
intelligence community.
``(5) Electronic communication service provider.--The term
`electronic communication service provider' means--
``(A) a telecommunications carrier, as that term is
defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153);
``(B) a provider of electronic communication
service, as that term is defined in section 2510 of
title 18, United States Code;
``(C) a provider of a remote computing service, as
that term is defined in section 2711 of title 18,
United States Code;
``(D) any other communication service provider who
has access to wire or electronic communications either
as such communications are transmitted or as such
communications are stored;
``(E) a parent, subsidiary, affiliate, successor,
or assignee of an entity described in subparagraph (A),
(B), (C), or (D); or
``(F) an officer, employee, or agent of an entity
described in subparagraph (A), (B), (C), (D), or (E).
``(6) Intelligence community.--The term `intelligence
community' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
``(7) Person.--The term `person' means--
``(A) an electronic communication service provider;
or
``(B) a landlord, custodian, or other person who
may be authorized or required to furnish assistance
pursuant to--
``(i) an order of the court established
under section 103(a) directing such assistance;
``(ii) a certification in writing under
section 2511(2)(a)(ii)(B) or 2709(b) of title
18, United States Code; or
``(iii) a directive under section
102(a)(4), 105B(e), as added by section 2 of
the Protect America Act of 2007 (Public Law
110-55), or 703(h).
``(8) State.--The term `State' means any State, political
subdivision of a State, the Commonwealth of Puerto Rico, the
District of Columbia, and any territory or possession of the
United States, and includes any officer, public utility
commission, or other body authorized to regulate an electronic
communication service provider.
``SEC. 802. PROCEDURES FOR COVERED CIVIL ACTIONS.
``(a) Intervention by Government.-- In any covered civil action,
the court shall permit the Government to intervene. Whether or not the
Government intervenes in the civil action, the Attorney General may
submit any information in any form the Attorney General determines is
appropriate and the court shall consider all such submissions.
``(b) Factual and Legal Determinations.--In any covered civil
action, any party may submit to the court evidence, briefs, arguments,
or other information on any matter with respect to which a privilege
based on state secrets is asserted. The court shall review any such
submission in accordance with the procedures set forth in section
106(f) and may, based on the review, make any appropriate determination
of fact or law. The court may, on motion of the Attorney General, take
any additional actions the court deems necessary to protect classified
information. The court may, to the extent practicable and consistent
with national security, request that any party present briefs and
arguments on any legal question the court determines is raised by such
a submission even if that party does not have full access to the
submission. The court shall consider whether the employment of a
special master or an expert witness, or both, would facilitate
proceedings under this section.
``(c) Location of Review.--The court may conduct the review in a
location and facility specified by the Attorney General as necessary to
ensure security.
``(d) Removal.--A covered civil action that is brought in a State
court shall be deemed to arise under the Constitution and laws of the
United States and shall be removable under section 1441 of title 28,
United States Code.
``(e) Special Rule for Certain Cases.--For any covered civil action
alleging that a person provided assistance to an element of the
intelligence community pursuant to a request or directive during the
period from September 11, 2001 through January 17, 2007, the Attorney
General shall provide to the court any request or directive related to
the allegations under the procedures set forth in subsection (b).
``(f) Applicability.--This section shall apply to a civil action
pending on or filed after the date of the enactment of this Act.''.
SEC. 202. TECHNICAL AMENDMENTS.
The table of contents in the first section of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by adding at the end the following:
``TITLE VIII-PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
``Sec. 801. Definitions
``Sec. 802. Procedures for covered civil actions.''.
TITLE III--COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES
SEC. 301. COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES.
(a) Establishment of Commission.--There is established in the
legislative branch a commission to be known as the ``Commission on
Warrantless Electronic Surveillance Activities'' (in this section
referred to as the ``Commission'').
(b) Duties of Commission.--
(1) In general.--The Commission shall--
(A) ascertain, evaluate, and report upon the facts
and circumstances relating to electronic surveillance
activities conducted without a warrant between
September 11, 2001 and January 17, 2007;
(B) evaluate the lawfulness of such activities;
(C) examine all programs and activities relating to
intelligence collection inside the United States or
regarding