‘‘(B) ACCESS
TO
COMMUNICATIONS.— 
Communications acquired under this paragraph 
shall be treated in accordance with subsection 
(b). 
‘‘(3) PROCEDURES FOR DETERMINATIONS BE-
FORE OR AT THE TIME OF ACQUISITION.— 
‘‘(A) SUBMISSION.—Not later than 120 
days after the date of enactment of the FISA 
Amendments Act of 2009, the Attorney Gen-
eral, in consultation with the Director of Na-
tional Intelligence, shall submit to the Foreign 
Intelligence Surveillance Court for approval pro-
cedures for determining before or at the time of 
acquisition, 
where 
reasonably 
practicable, 
whether a communication is to or from a person 
reasonably believed to be located in the United 
States and whether the exception under para-
graph (2) applies to that communication. 
‘‘(B) REVIEW.—The Foreign Intelligence 
Surveillance Court shall approve the procedures 
submitted under subparagraph (A) if the proce-
dures are reasonably designed to determine be-
fore or at the time of acquisition, where reason-
ably practicable, whether a communication is to 
or from a person reasonably believed to be lo-
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cated in the United States and whether the ex-
ception under paragraph (2) applies to that 
communication. 
‘‘(C) PROCEDURES
DO
NOT
MEET
RE-
QUIREMENTS.—If the Foreign Intelligence Sur-
veillance Court concludes that the procedures 
submitted under subparagraph (A) do not meet 
the requirements of subparagraph (B), the 
Court shall enter an order so stating and pro-
vide a written statement for the record of the 
reasons for the determination. The Government 
may appeal an order under this subparagraph 
to the Foreign Intelligence Surveillance Court 
of Review. 
‘‘(D) USE OF PROCEDURES.—If the For-
eign Intelligence Surveillance Court approves 
procedures under this paragraph, the Govern-
ment shall use the procedures in any acquisition 
of communications under this title. 
‘‘(E) REVISIONS.—The Attorney General, 
in consultation with the Director of National 
Intelligence, may submit new or amended proce-
dures to the Foreign Intelligence Surveillance 
Court for review under this paragraph. 
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‘‘(F) RELIABILITY.—If the Government 
obtains new information relating to the reli-
ability of procedures approved under this para-
graph or the availability of more reliable proce-
dures, the Attorney General shall submit to the 
Foreign Intelligence Surveillance Court the in-
formation. 
‘‘(b) LIMITATIONS
ON
ACCESS
TO
COMMUNICA-
TIONS.— 
‘‘(1) IN GENERAL.—At such time as the Gov-
ernment can reasonably determine that a commu-
nication acquired under this title (including a com-
munication acquired under subsection (a)(2)) is to 
or from a person reasonably believed to be located 
in the United States, the communication shall be 
segregated or specifically designated and no person 
shall access the communication, except in accordance 
with title I or this section. 
‘‘(2) EXCEPTIONS.—In addition to any author-
ity under title I, including the emergency provision 
in section 105(f), a communication described in 
paragraph (1) may be accessed and disseminated for 
a period of not longer than 7 days if— 
‘‘(A)(i) there is reason to believe that the 
communication concerns international terrorist 
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activities directed against the United States, or 
activities in preparation therefor; 
‘‘(ii) there is probable cause to believe that 
the target reasonably believed to be located out-
side the United States is an agent of a foreign 
power and the foreign power is a group engaged 
in international terrorism or activities in prepa-
ration therefor; or 
‘‘(iii) there is reason to believe that the ac-
cess is necessary to prevent death or serious 
bodily harm; 
‘‘(B) the Attorney General notifies the 
Foreign Intelligence Surveillance Court imme-
diately of the access; and 
‘‘(C) not later than 7 days after the date 
the access is initiated, the Attorney General— 
‘‘(i) makes an application for an order 
under title I; or 
‘‘(ii) submits to the Foreign Intel-
ligence Surveillance Court a document 
that— 
‘‘(I) certifies that— 
‘‘(aa) there is reason to be-
lieve that the communication con-
cerns international terrorist ac-
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tivities 
directed 
against 
the 
United States, or activities in 
preparation therefor; 
‘‘(bb) 
there 
is 
probable 
cause to believe that the target 
reasonably believed to be located 
outside the United States is an 
agent of a foreign power and the 
foreign power is a group engaged 
in international terrorism or ac-
tivities in preparation therefor; or 
‘‘(cc) there is reason to be-
lieve that the access is necessary 
to prevent death or serious bodily 
harm; and 
‘‘(II) identifies the target of the 
collection, the party to the commu-
nication who is in the United States if 
known, and the extent to which infor-
mation relating to the communication 
has been disseminated. 
‘‘(3) DENIAL OF COURT ORDER.—If an applica-
tion for a court order described in paragraph 
(2)(C)(i) is made and is not approved, the Attorney 
General shall submit to the Foreign Intelligence Sur-
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veillance Court, not later than 7 days after the date 
of the denial of the application, the document de-
scribed in paragraph (2)(C)(ii). 
‘‘(4) ADDITIONAL COURT AUTHORITIES.— 
‘‘(A) IN
GENERAL.—The Foreign Intel-
ligence Surveillance Court may— 
‘‘(i) limit access to communications 
described in paragraph (1) relating to a 
particular target if the Court determines 
that any certification submitted under 
paragraph (2)(C)(ii)(I) with respect to that 
target is clearly erroneous; and 
‘‘(ii) require the Attorney General to 
provide the factual basis for a certification 
submitted under paragraph (2)(C)(ii)(I), if 
the Court determines it would aid the 
Court in conducting review under this sub-
section. 
‘‘(B) FISC ACCESS.—The Foreign Intel-
ligence Surveillance Court shall have access to 
any communications that have been segregated 
or specifically designated under paragraph (1) 
and any information the use of which has been 
limited under paragraph (5). 
‘‘(5) FAILURE TO NOTIFY.— 
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‘‘(A) IN GENERAL.—In the circumstances 
described in subparagraph (B), access to a com-
munication shall terminate, and no information 
obtained or evidence derived from the access 
concerning any United States person shall be 
received in evidence or otherwise disclosed in 
any trial, hearing, or other proceeding in or be-
fore 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 informa-
tion concerning any United States person ac-
quired from the access shall subsequently be 
used or disclosed in any manner by Federal of-
ficers or employees without the consent of the 
person, except with the approval of the Attor-
ney General if the information indicates a 
threat of death or serious bodily harm to any 
person, or if a court order is obtained under 
title I. 
‘‘(B) 
CIRCUMSTANCES.—The 
cir-
cumstances described in this subparagraph are 
circumstances in which— 
‘‘(i) as of the date that is 7 days after 
the date on which access to a communica-
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tion is initiated under paragraph (2), a 
court 
order 
described 
in 
paragraph 
(2)(C)(i) has not been sought and the doc-
ument described in paragraph (2)(C)(ii) 
has not been submitted; or 
‘‘(ii) as of the date that is 7 days 
after an application for a court order de-
scribed in paragraph (2)(C)(i) is denied, 
the document described in paragraph 
(2)(C)(ii) is not submitted in accordance 
with paragraph (3). 
‘‘(6) EVIDENCE OF A CRIME.—Information or 
communications subject to this subsection may be 
disseminated for law enforcement purposes if it is 
evidence that a crime has been, is being, or is about 
to be committed, if dissemination is made in accord-
ance with section 106(b). 
‘‘(7) 
PROCEDURES
FOR
DETERMINATIONS 
AFTER ACQUISITION.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of the FISA 
Amendments Act of 2009, the Attorney Gen-
eral, in consultation with the Director of Na-
tional Intelligence, shall submit to the Foreign 
Intelligence Surveillance Court for approval pro-
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cedures for determining, where reasonably prac-
ticable, whether a communication acquired 
under this title is to or from a person reason-
ably believed to be in the United States. 
‘‘(B) REVIEW.—The Foreign Intelligence 
Surveillance Court shall approve the procedures 
submitted under subparagraph (A) if the proce-
dures are reasonably designed to determine, 
where reasonably practicable, whether a com-
munication acquired under this title is a com-
munication to or from a person reasonably be-
lieved to be located in the United States. 
‘‘(C) PROCEDURES
DO
NOT
MEET
RE-
QUIREMENTS.—If the Foreign Intelligence Sur-
veillance Court concludes that the procedures 
submitted under subparagraph (A) do not meet 
the requirements of subparagraph (B), the 
Court shall enter an order so stating and pro-
vide a written statement for the record of the 
reasons for the determination. The Government 
may appeal an order under this subparagraph 
to the Foreign Intelligence Surveillance Court 
of Review. 
‘‘(D) USE OF PROCEDURES.—If the For-
eign Intelligence Surveillance Court approves 
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procedures under this paragraph, the Govern-
ment shall use the procedures for any commu-
nication acquired under this title. 
‘‘(E) REVISIONS.—The Attorney General, 
in consultation with the Director of National 
Intelligence, may submit new or amended proce-
dures to the Foreign Intelligence Surveillance 
Court for review under this paragraph. 
‘‘(F) RELIABILITY.—If the Government 
obtains new information relating to the reli-
ability of procedures approved under this para-
graph or the availability of more reliable proce-
dures, the Attorney General shall submit to the 
Foreign Intelligence Surveillance Court the in-
formation. 
‘‘(c) TITLE I COURT ORDER.—If the Government ob-
tains a court order under title I relating to a target of 
an acquisition under this title, the Government may access 
and disseminate, under the terms of that court order and 
any applicable minimization requirements, any commu-
nications of that target that have been acquired and seg-
regated or specifically designated under subsection (b)(1). 
‘‘(d) INSPECTOR GENERAL AUDIT.— 
‘‘(1) AUDIT.—Not less than once each year, the 
Inspector General of the Department of Defense and 
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jlentini on DSKJ8SOYB1PROD with BILLS
the Inspector General of the Department of Justice 
shall complete an audit of the implementation of and 
compliance with this section. For purposes of an 
audit under this paragraph, the Inspectors General 
shall have access to any communications that have 
been segregated or specifically designated under sub-
section (b)(1) and any information the use of which 
has been limited under subsection (b)(5). An audit 
under this paragraph shall include an accounting of 
any segregated or specifically designated commu-
nications that have been disseminated. 
‘‘(2) REPORT.—Not later than 30 days after 
the completion of each audit under paragraph (1), 
the Inspector General of the Department of Defense 
and the Inspector General of the Department of 
Justice shall jointly submit to the Permanent Select 
Committee on Intelligence and the Committee on the 
Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee 
on the Judiciary of the Senate a report containing 
the results of the audit. 
‘‘(3) 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 ap-
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propriate staff of an Inspector General for a security 
clearance necessary for the conduct of the audits 
under this subsection is conducted as expeditiously 
as possible. 
‘‘(e) APPLICABILITY.—Subsections (a) and (b) shall 
apply to any communication acquired under this title on 
or after the earlier of— 
‘‘(1) the date that the Foreign Intelligence Sur-
veillance Court approves the procedures described in 
subsection (a)(3) and the procedures described in 
subsection (b)(7); and 
‘‘(2) 1 year after the date of enactment of the 
FISA Amendments Act of 2009.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
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 708 the following: 
‘‘Sec. 709. Additional safeguards for communications of persons in the United 
States.’’. 
Æ 
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