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[House Report 110-549]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-549

======================================================================
 
  PROVIDING FOR THE CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL 
(H.R. 3773) TO AMEND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
   TO ESTABLISH A PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF 
              FOREIGN INTELLIGENCE, AND FOR OTHER PURPOSES

                                _______
                                

   March 12, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Arcuri, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1041]

    The Committee on Rules, having had under consideration 
House Resolution 1041, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of the Senate 
amendment to the bill H.R. 3773, the ``FISA Amendments Act of 
2008.'' The resolution provides that it is in order for the 
chairman of the Committee on the Judiciary to make a motion 
that the House concur in the Senate amendment to H.R. 3773 with 
the amendment printed in this report.
    The resolution waives all points of order against the 
motion except those arising under clause 10 of rule XXI. The 
resolution provides that the Senate amendment and the motion 
shall be considered as read. It further provides that the 
motion shall be debatable for one hour, with 40 minutes equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on the Judiciary and 20 minutes equally 
divided and controlled by the chairman and ranking minority 
member of the Permanent Select Committee on Intelligence. 
Finally, the resolution provides that, notwithstanding the 
operation of the previous question, the Chair may postpone 
further consideration of the motion to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against the 
motion (except those arising under clause 10 of rule XXI), the 
Committee is not aware of any points of order against the 
motion. The waiver of all points of order against the motion 
(except those arising under clause 10 of rule XXI) is 
prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 460

    Date: March 12, 2008.
    Measure: Senate amendment to H.R. 3773.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order a separate motion to 
concur in the Senate amendment to the bill, H.R. 3773, the FISA 
Amendments Act of 2008.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea.

  SUMMARY OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 3773

    The Amendment provides for flexible surveillance of 
terrorists and other targets overseas who may be communicating 
with Americans. Under the Amendment, surveillance programs can 
begin following court approval of procedures to ensure that 
Americans are not targeted and that intercepted communications 
are handled properly. It requires a court order based on 
probable cause in order to conduct surveillance against 
Americans at home and overseas. The Amendment provides for 
oversight by the Court, the Congress, and the independent 
Inspectors General, and confirms that the Foreign Intelligence 
Surveillance Act remains the exclusive means of conducting 
foreign intelligence surveillance.
    The Amendment provides prospective liability protection for 
telecommunications companies that provide lawful assistance to 
the government. It addresses past activities under the 
President's Terrorist Surveillance Program by freeing telephone 
companies to argue existing defenses before the court in 
pending lawsuits, notwithstanding the Government's assertion of 
the state secrets doctrine.
    Finally, the Amendment establishes a bipartisan 
commission--with subpoena power--to investigate and report to 
the American people on the Administration's warrantless 
surveillance activities.

    TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 3773

  In lieu of the matter proposed to be inserted by the Senate, 
insert the following:

SEC. 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 subsections (c) or (d).
  ``(f) Appeal.--
          ``(1) Appeal to the foreign intelligence surveillance 
        court of review.--The Government may file an appeal 
        with the Foreign Intelligence Surveillance Court of 
        Review for review of an order issued pursuant to 
        subsection (c). The Court of Review shall have 
        jurisdiction to consider such appeal and shall provide 
        a written statement for the record of the reasons for a 
        decision under this paragraph.
          ``(2) Certiorari to the supreme court.--The 
        Government may file a petition for a writ of certiorari 
        for review of 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 United States 
                persons that were in effect or operation on 
                September 11, 2001, and all such programs and 
                activities undertaken since that date, 
                including the legal framework or justification 
                for those activities; and
                  (D) report to the President and Congress the 
                findings and conclusions of the Commission and 
                any recommendations the Commission considers 
                appropriate.
          (2) Protection of national security.--The Commission 
        shall carry out the duties of the Commission under this 
        section in a manner consistent with the need to protect 
        national security.
  (c) Composition of Commission.--
          (1) Members.--The Commission shall be composed of 9 
        members, of whom--
                  (A) 5 members shall be appointed jointly by 
                the majority leader of the Senate and the 
                Speaker of the House of Representatives; and
                  (B) 4 members shall be appointed jointly by 
                the minority leader of the Senate and the 
                minority leader of the House of 
                Representatives.
          (2) Qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be 
        prominent United States citizens with significant depth 
        of experience in national security, Constitutional law, 
        and civil liberties.
          (3) Chair; vice chair.--
                  (A) Chair.--The Chair of the Commission shall 
                be jointly appointed by the majority leader of 
                the Senate and the Speaker of the House of 
                Representatives from among the members 
                appointed under paragraph (1)(A).
                  (B) Vice chair.--The Vice Chair of the 
                Commission shall be jointly appointed by the 
                minority leader of the Senate and the minority 
                leader of the House of Representatives from 
                among the members appointed under paragraph 
                (1)(B).
          (4) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than 90 days 
        after the date of the enactment of this Act.
          (5) Initial meeting.--The Commission shall hold its 
        first meeting and begin operations not later than 45 
        days after the date on which a majority of its members 
        have been appointed.
          (6) Subsequent meetings.--After its initial meeting, 
        the Commission shall meet upon the call of the Chair.
          (7) Quorum.--A majority of the members of the 
        Commission shall constitute a quorum, but a lesser 
        number may hold hearings.
          (8) Vacancies.--Any vacancy in the Commission shall 
        not affect its powers and shall be filled in the same 
        manner in which the original appointment was made.
  (d) Powers of Commission.--
          (1) Hearings and evidence.--The Commission or, on the 
        authority of the Chair, any subcommittee or member 
        thereof may, for the purpose of carrying out this 
        section, hold such hearings and sit and act at such 
        times and places, take such testimony, receive such 
        evidence, and administer such oaths as the Commission, 
        such designated subcommittee, or designated member may 
        determine advisable.
          (2) Subpoenas.--
                  (A) Issuance.--
                          (i) In general.--The Commission may 
                        issue subpoenas requiring the 
                        attendance and testimony of witnesses 
                        and the production of any evidence 
                        relating to any matter that the 
                        Commission is empowered to investigate 
                        under this section. The attendance of 
                        witnesses and the production of 
                        evidence may be required from any place 
                        within the United States at any 
                        designated place of hearing within the 
                        United States.
                          (ii) Signature.--Subpoenas issued 
                        under this paragraph may be issued 
                        under the signature of the Chair of the 
                        Commission, the chair of any 
                        subcommittee created by a majority of 
                        the Commission, or any member 
                        designated by a majority of the 
                        Commission and may be served by any 
                        person designated by such Chair, 
                        subcommittee chair, or member.
                  (B) Enforcement.--
                          (i) In general.--If a person refuses 
                        to obey a subpoena issued under 
                        subparagraph (A), the Commission may 
                        apply to a United States district court 
                        for an order requiring that person to 
                        appear before the Commission to give 
                        testimony, produce evidence, or both, 
                        relating to the matter under 
                        investigation. The application may be 
                        made within the judicial district where 
                        the hearing is conducted or where that 
                        person is found, resides, or transacts 
                        business. Any failure to obey the order 
                        of the court may be punished by the 
                        court as civil contempt.
                          (ii) Jurisdiction.--In the case of 
                        contumacy or failure to obey a subpoena 
                        issued under subparagraph (A), the 
                        United States district court for the 
                        judicial district in which the 
                        subpoenaed person resides, is served, 
                        or may be found, or where the subpoena 
                        is returnable, may issue an order 
                        requiring such person to appear at any 
                        designated place to testify or to 
                        produce documentary or other evidence. 
                        Any failure to obey the order of the 
                        court may be punished by the court as a 
                        contempt of that court.
                          (iii) Additional enforcement.--In the 
                        case of the failure of a witness to 
                        comply with any subpoena or to testify 
                        when summoned under authority of this 
                        paragraph, the Commission, by majority 
                        vote, may certify a statement of fact 
                        attesting to such failure to the 
                        appropriate United States attorney, who 
                        shall bring the matter before the grand 
                        jury for its action, under the same 
                        statutory authority and procedures as 
                        if the United States attorney had 
                        received a certification under sections 
                        102 through 104 of the Revised Statutes 
                        of the United States (2 U.S.C. 192 
                        through 194).
          (3) Contracting.--The Commission may, to such extent 
        and in such amounts as are provided in appropriations 
        Acts, enter into contracts to enable the Commission to 
        discharge its duties under this section.
          (4) Information from federal agencies.--
                  (A) In general.--The Commission is authorized 
                to secure directly from any executive 
                department, bureau, agency, board, commission, 
                office, independent establishment, or 
                instrumentality of the Government documents, 
                information, suggestions, estimates, and 
                statistics for the purposes of this section. 
                Each department, bureau, agency, board, 
                commission, office, independent establishment, 
                or instrumentality shall furnish such 
                documents, information, suggestions, estimates, 
                and statistics directly to the Commission upon 
                request made by the Chair, the chair of any 
                subcommittee created by a majority of the 
                Commission, or any member designated by a 
                majority of the Commission.
                  (B) Receipt, handling, storage, and 
                dissemination.--Information shall only be 
                received, handled, stored, and disseminated by 
                members of the Commission and its staff in a 
                manner consistent with all applicable statutes, 
                regulations, and Executive orders.
          (5) Assistance from federal agencies.--
                  (A) General services administration.--The 
                Administrator of General Services shall provide 
                to the Commission on a reimbursable basis 
                administrative support and other services for 
                the performance of the Commission's functions.
                  (B) Other departments and agencies.--In 
                addition to the assistance prescribed in 
                subparagraph (A), departments and agencies of 
                the United States may provide to the Commission 
                such services, funds, facilities, staff, and 
                other support services as they may determine 
                advisable and as may be authorized by law.
          (6) Gifts.--The Commission may accept, use, and 
        dispose of gifts or donations of services or property.
          (7) Postal services.--The Commission may use the 
        United States mails in the same manner and under the 
        same conditions as departments and agencies of the 
        United States.
  (e) Staff of Commission.--
          (1) In general.--
                  (A) Appointment and compensation.--The Chair, 
                in consultation with Vice Chair and in 
                accordance with rules agreed upon by the 
                Commission, may appoint and fix the 
                compensation of an executive director and such 
                other personnel as may be necessary to enable 
                the Commission to carry out its functions, 
                without regard to the provisions of title 5, 
                United States Code, governing appointments in 
                the competitive service, and without regard to 
                the provisions of chapter 51 and subchapter III 
                of chapter 53 of such title relating to 
                classification and General Schedule pay rates, 
                except that no rate of pay fixed under this 
                paragraph may exceed the equivalent of that 
                payable for a position at level V of the 
                Executive Schedule under section 5316 of title 
                5, United States Code.
                  (B) Personnel as federal employees.--
                          (i) In general.--The executive 
                        director and any personnel of the 
                        Commission who are employees shall be 
                        employees under section 2105 of title 
                        5, United States Code, for purposes of 
                        chapters 63, 81, 83, 84, 85, 87, 89, 
                        89A, 89B, and 90 of that title.
                          (ii) Members of commission.--Clause 
                        (i) shall not be construed to apply to 
                        members of the Commission.
          (2) Detailees.--A Federal Government employee may be 
        detailed to the Commission without reimbursement from 
        the Commission, and such detailee shall retain the 
        rights, status, and privileges of his or her regular 
        employment without interruption.
          (3) Consultant services.--The Commission is 
        authorized to procure the services of experts and 
        consultants in accordance with section 3109 of title 5, 
        United States Code, at rates not to exceed the daily 
        rate paid a person occupying a position at level IV of 
        the Executive Schedule under section 5315 of title 5, 
        United States Code.
  (f) Security Clearances for Commission Members and Staff.--
          (1) Expeditious provision of clearances.--The 
        appropriate Federal agencies or departments shall 
        cooperate with the Commission in expeditiously 
        providing to the Commission members and staff 
        appropriate security clearances to the extent possible 
        pursuant to existing procedures and requirements, 
        except that no person shall be provided with access to 
        classified information under this section without the 
        appropriate security clearances.
          (2) Access to classified information.--All members of 
        the Commission and commission staff, as authorized by 
        the Chair or the designee of the Chair, who have 
        obtained appropriate security clearances, shall have 
        access to classified information related to the 
        surveillance activities within the scope of the 
        examination of the Commission and any other related 
        classified information that the members of the 
        Commission determine relevant to carrying out the 
        duties of the Commission under this section.
          (3) Facilities and resources.--The Director of 
        National Intelligence shall provide the Commission with 
        appropriate space and technical facilities approved by 
        the Commission.
  (g) Compensation and Travel Expenses.--
          (1) Compensation.--Each member of the Commission may 
        be compensated at a rate not to exceed the daily 
        equivalent of the annual rate of basic pay in effect 
        for a position at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code, for 
        each day during which that member is engaged in the 
        actual performance of the duties of the Commission.
          (2) Travel expenses.--While away from their homes or 
        regular places of business in the performance of 
        services for the Commission, members of the Commission 
        shall be allowed travel expenses, including per diem in 
        lieu of subsistence, in the same manner as persons 
        employed intermittently in the Government service are 
        allowed expenses under section 5703(b) of title 5, 
        United States Code.
  (h) Nonapplicability of Federal Advisory Committee Act.--
          (1) In general.--The Federal Advisory Committee Act 
        (5 U.S.C. App.) shall not apply to the Commission.
          (2) Public meetings.--The Commission shall hold 
        public hearings and meetings to the extent appropriate.
          (3) Public hearings.--Any public hearings of the 
        Commission shall be conducted in a manner consistent 
        with the protection of information provided to or 
        developed for or by the Commission as required by any 
        applicable statute, regulation, or Executive order.
  (i) Reports and Recommendations of Commission.--
          (1) Interim reports.--The Commission may submit to 
        the President and Congress interim reports containing 
        such findings, conclusions, and recommendations for 
        corrective measures as have been agreed to by a 
        majority of Commission members.
          (2) Final report.--Not later than one year after the 
        date of its first meeting, the Commission, in 
        consultation with appropriate representatives of the 
        intelligence community, shall submit to the President 
        and Congress a final report containing such 
        information, analysis, findings, conclusions, and 
        recommendations as have been agreed to by a majority of 
        Commission members.
          (3) Form.--The reports submitted under paragraphs (1) 
        and (2) shall be submitted in unclassified form, but 
        may include a classified annex.
          (4) Recommendations for declassification.--The 
        Commission may make recommendations to the appropriate 
        department or agency of the Federal Government 
        regarding the declassification of documents or portions 
        of documents.
  (j) Termination.--
          (1) In general.--The Commission, and all the 
        authorities of this section, shall terminate 60 days 
        after the date on which the final report is submitted 
        under subsection (i)(2).
          (2) Administrative activities before termination.--
        The Commission may use the 60-day period referred to in 
        paragraph (1) for the purpose of concluding its 
        activities, including providing testimony to committees 
        of Congress concerning its report and disseminating the 
        final report.
  (k) Definitions.--In this section:
          (1) 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)).
          (2) United states person.--The term ``United States 
        person'' has the meaning given the term in section 
        101(i) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801(i)).
  (l) Funding.--
          (1) In general.--There are authorized to be 
        appropriated such sums as may be necessary to carry out 
        the activities of the Commission under this section.
          (2) Duration of availability.--Amounts made available 
        to the Commission under paragraph (1) shall remain 
        available until the termination of the Commission.

                       TITLE IV--OTHER PROVISIONS

SEC. 401. SEVERABILITY.

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

SEC. 402. EFFECTIVE DATE.

  Except as provided in section 404, the amendments made by 
this Act shall take effect on the date of the enactment of this 
Act.

SEC. 403. REPEALS.

  (a) Repeal of Protect America Act of 2007 Provisions.--
          (1) Amendments to fisa.--
                  (A) In general.--Except as provided in 
                section 404, sections 105A, 105B, and 105C of 
                the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1805a, 1805b, and 1805c) are 
                repealed.
                  (B) Technical and conforming amendments.--
                          (i) Table of contents.--The table of 
                        contents in the first section of the 
                        Foreign Intelligence Surveillance Act 
                        of 1978 (50 U.S.C. 1801 nt) is amended 
                        by striking the items relating to 
                        sections 105A, 105B, and 105C.
                          (ii) Conforming amendments.--Except 
                        as provided in section 404, section 
                        103(e) of the Foreign Intelligence 
                        Surveillance Act of 1978 (50 U.S.C. 
                        1803(e)) is amended--
                                  (I) in paragraph (1), by 
                                striking ``105B(h) or 
                                501(f)(1)'' and inserting 
                                ``501(f)(1) or 702(h)(4)''; and
                                  (II) in paragraph (2), by 
                                striking ``105B(h) or 
                                501(f)(1)'' and inserting 
                                ``501(f)(1) or 702(h)(4)''.
          (2) Reporting requirements.--Except as provided in 
        section 404, section 4 of the Protect America Act of 
        2007 (Public Law 110-55; 121 Stat. 555) is repealed.
          (3) Transition procedures.--Except as provided in 
        section 404, subsection (b) of section 6 of the Protect 
        America Act of 2007 (Public Law 110-55; 121 Stat. 556) 
        is repealed.
  (b) FISA Amendments Act of 2008.--
          (1) In general.--Except as provided in section 404, 
        effective December 31, 2009, title VII of the Foreign 
        Intelligence Surveillance Act of 1978, as amended by 
        section 101(a), is repealed.
          (2) Technical and conforming amendments.--Effective 
        December 31, 2009--
                  (A) the table of contents in the first 
                section of such Act (50 U.S.C. 1801 nt) is 
                amended by striking the items related to title 
                VII;
                  (B) except as provided in section 404, 
                section 601(a)(1) of such Act (50 U.S.C. 
                1871(a)(1)) is amended to read as such section 
                read on the day before the date of the 
                enactment of this Act; and
                  (C) except as provided in section 404, 
                section 2511(2)(a)(ii)(A) of title 18, United 
                States Code, is amended by striking ``or a 
                court order pursuant to section 704 of the 
                Foreign Intelligence Surveillance Act of 
                1978''.

SEC. 404. TRANSITION PROCEDURES.

  (a) Transition Procedures for Protect America Act of 2007 
Provisions.--
          (1) Continued effect of orders, authorizations, 
        directives.--Notwithstanding any other provision of 
        law, any order, authorization, or directive issued or 
        made pursuant to section 105B of the Foreign 
        Intelligence Surveillance Act of 1978, as added by 
        section 2 of the Protect America Act of 2007 (Public 
        Law 110-55; 121 Stat. 552), shall continue in effect 
        until the expiration of such order, authorization, or 
        directive.
          (2) Applicability of protect america act of 2007 to 
        continued orders, authorizations, directives.--
        Notwithstanding any other provision of this Act or of 
        the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.)--
                  (A) subject to paragraph (3), section 105A of 
                such Act, as added by section 2 of the Protect 
                America Act of 2007 (Public Law 110-55; 121 
                Stat. 552), shall continue to apply to any 
                acquisition conducted pursuant to an order, 
                authorization, or directive referred to in 
                paragraph (1); and
                  (B) sections 105B and 105C of such Act (as so 
                added) shall continue to apply with respect to 
                an order, authorization, or directive referred 
                to in paragraph (1) until the expiration of 
                such order, authorization, or directive.
          (3) Use of information.--Information acquired from an 
        acquisition conducted pursuant to an order, 
        authorization, or directive referred to in paragraph 
        (1) shall be deemed to be information acquired from an 
        electronic surveillance pursuant to title I of the 
        Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) for purposes of section 106 of 
        such Act (50 U.S.C. 1806).
          (4) Protection from liability.--Subsection (l) of 
        section 105B of the Foreign Intelligence Surveillance 
        Act of 1978, as added by section 2 of the Protect 
        America Act of 2007, shall continue to apply with 
        respect to any directives issued pursuant to such 
        section 105B.
          (5) Jurisdiction of foreign intelligence surveillance 
        court.--Notwithstanding any other provision of this Act 
        or of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.), section 103(e), as amended by 
        section 5(a) of the Protect America Act of 2007 (Public 
        Law 110-55; 121 Stat. 556), shall continue to apply 
        with respect to a directive issued pursuant to section 
        105B of the Foreign Intelligence Surveillance Act of 
        1978, as added by section 2 of the Protect America Act 
        of 2007, until the expiration of all orders, 
        authorizations, and directives issued or made pursuant 
        to such section.
          (6) Reporting requirements.--
                  (A) Continued applicability.--Notwithstanding 
                any other provision of this Act, the Protect 
                America Act of 2007 (Public Law 110-55), or the 
                Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801 et seq.), section 4 of the 
                Protect America Act of 2007 shall continue to 
                apply until the date that the certification 
                described in subparagraph (B) is submitted.
                  (B) Certification.--The certification 
                described in this subparagraph is a 
                certification--
                          (i) made by the Attorney General;
                          (ii) submitted as part of a semi-
                        annual report required by section 4 of 
                        the Protect America Act of 2007;
                          (iii) that states that there will be 
                        no further acquisitions carried out 
                        under section 105B of the Foreign 
                        Intelligence Surveillance Act of 1978, 
                        as added by section 2 of the Protect 
                        America Act of 2007, after the date of 
                        such certification; and
                          (iv) that states that the information 
                        required to be included under such 
                        section 4 relating to any acquisition 
                        conducted under such section 105B has 
                        been included in a semi-annual report 
                        required by such section 4.
          (7) Effective date.--Paragraphs (1) through (6) shall 
        take effect as if enacted on August 5, 2007.
  (b) Transition Procedures for FISA Amendments Act of 2008 
Provisions.--
          (1) Orders in effect on december 31, 2009.--
        Notwithstanding any other provision of this Act or of 
        the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.), any order, authorization, or 
        directive issued or made under title VII of the Foreign 
        Intelligence Surveillance Act of 1978, as amended by 
        section 101(a), shall continue in effect until the date 
        of the expiration of such order, authorization, or 
        directive.
          (2) Applicability of title vii of fisa to continued 
        orders, authorizations, directives.--Notwithstanding 
        any other provision of this Act or of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
        et seq.), with respect to any order, authorization, or 
        directive referred to in paragraph (1), title VII of 
        such Act, as amended by section 101(a), shall continue 
        to apply until the expiration of such order, 
        authorization, or directive.
          (3) Challenge of directives; protection from 
        liability; use of information.--Notwithstanding any 
        other provision of this Act or of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
        et seq.)--
                  (A) section 103(e) of such Act, as amended by 
                section 113, shall continue to apply with 
                respect to any directive issued pursuant to 
                section 702(h) of such Act, as added by section 
                101(a);
                  (B) section 702(h)(3) of such Act (as so 
                added) shall continue to apply with respect to 
                any directive issued pursuant to section 702(h) 
                of such Act (as so added);
                  (C) section 703(e) of such Act (as so added) 
                shall continue to apply with respect to an 
                order or request for emergency assistance under 
                that section;
                  (D) section 706 of such Act (as so added) 
                shall continue to apply to an acquisition 
                conducted under section 702 or 703 of such Act 
                (as so added); and
                  (E) section 2511(2)(a)(ii)(A) of title 18, 
                United States Code, as amended by section 
                101(c)(1), shall continue to apply to an order 
                issued pursuant to section 704 of the Foreign 
                Intelligence Surveillance Act of 1978, as added 
                by section 101(a).
          (4) Reporting requirements.--
                  (A) Continued applicability.--Notwithstanding 
                any other provision of this Act or of the 
                Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801 et seq.), section 601(a) of 
                such Act (50 U.S.C. 1871(a)), as amended by 
                section 101(c)(2), and sections 702(l) and 707 
                of such Act, as added by section 101(a), shall 
                continue to apply until the date that the 
                certification described in subparagraph (B) is 
                submitted.
                  (B) Certification.--The certification 
                described in this subparagraph is a 
                certification--
                          (i) made by the Attorney General;
                          (ii) submitted to the Select 
                        Committee on Intelligence of the 
                        Senate, the Permanent Select Committee 
                        on Intelligence of the House of 
                        Representatives, and the Committees on 
                        the Judiciary of the Senate and the 
                        House of Representatives;
                          (iii) that states that there will be 
                        no further acquisitions carried out 
                        under title VII of the Foreign 
                        Intelligence Surveillance Act of 1978, 
                        as amended by section 101(a), after the 
                        date of such certification; and
                          (iv) that states that the information 
                        required to be included in a review, 
                        assessment, or report under section 601 
                        of such Act, as amended by section 
                        101(c), or section 702(l) or 707 of 
                        such Act, as added by section 101(a), 
                        relating to any acquisition conducted 
                        under title VII of such Act, as amended 
                        by section 101(a), has been included in 
                        a review, assessment, or report under 
                        such section 601, 702(l), or 707.
          (5) Transition procedures concerning the targeting of 
        united states persons overseas.--Any authorization in 
        effect on the date of enactment of this Act under 
        section 2.5 of Executive Order 12333 to intentionally 
        target a United States person reasonably believed to be 
        located outside the United States shall continue in 
        effect, and shall constitute a sufficient basis for 
        conducting such an acquisition targeting a United 
        States person located outside the United States until 
        the earlier of--
                  (A) the date that such authorization expires; 
                or
                  (B) the date that is 90 days after the date 
                of the enactment of this Act.

SEC. 405. NO RIGHTS UNDER THE FISA AMENDMENTS ACT OF 2008 FOR 
                    UNDOCUMENTED ALIENS.

  This Act and the amendments made by this Act shall not be 
construed to prohibit surveillance of, or grant any rights to, 
an alien not permitted to be in or remain in the United States.

SEC. 406. SURVEILLANCE TO PROTECT THE UNITED STATES.

  This Act and the amendments made by this Act shall not be 
construed to prohibit the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4))) from conducting lawful surveillance that is necessary 
to--
          (1) prevent Osama Bin Laden, al Qaeda, or any other 
        terrorist or terrorist organization from attacking the 
        United States, any United States person, or any ally of 
        the United States;
          (2) ensure the safety and security of members of the 
        United States Armed Forces or any other officer or 
        employee of the Federal Government involved in 
        protecting the national security of the United States; 
        or
          (3) protect the United States, any United States 
        person, or any ally of the United States from threats 
        posed by weapons of mass destruction or other threats 
        to national security.

                                  
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