‘‘(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT; COURT.—The terms ‘Foreign Intelligence Sur-
veillance Court’ and ‘Court’ mean the court estab-
lished 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 PRO-
VIDER.—The term ‘electronic communication service 
provider’ means—
‘‘(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
‘‘(B) a provider of electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
‘‘(C) a provider of a remote computing serv-
ice, as that term is defined in section 2711 of 
title 18, United States Code; 
‘‘(D) any other communication service pro-
vider who has access to wire or electronic com-
munications either as such communications are 
transmitted or as such communications are 
stored; or 
‘‘(E) an officer, employee, or agent of an en-
tity described in subparagraph (A), (B), (C), or 
(D). 
‘‘(5) ELEMENT OF THE INTELLIGENCE COMMU-
NITY.—The term ‘element of the intelligence commu-
nity’ means an element of the intelligence community 
specified in or designated under section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)). 
‘‘SEC. 703. PROCEDURES FOR TARGETING CERTAIN PER-
SONS OUTSIDE THE UNITED STATES OTHER 
THAN UNITED STATES PERSONS. 
‘‘(a) AUTHORIZATION.—Notwithstanding any other 
law, the Attorney General and the Director of National In-
telligence may authorize jointly, for periods of up to 1 year, 
the targeting of persons reasonably believed to be located 
outside the United States to acquire foreign intelligence in-
formation. 
‘‘(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 rea-
sonably believed to be located outside the United 
States if the purpose of such acquisition is to target 
a particular, known person reasonably believed to be 
in the United States, except in accordance with title 
I or title III; 
‘‘(3) may not intentionally target a United 
States person reasonably believed to be located outside 
the United States, except in accordance with sections 
704, 705, or 706; 
‘‘(4) shall not intentionally acquire any commu-
nication as to which the sender and all intended re-
cipients 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 au-
thorized under subsection (a) may be conducted only in ac-
cordance with—
‘‘(1) a certification made by the Attorney Gen-
eral and the Director of National Intelligence pursu-
ant to subsection (f); and 
‘‘(2) the targeting and minimization procedures 
required pursuant to subsections (d) and (e).
‘‘(d) TARGETING PROCEDURES.—
‘‘(1) REQUIREMENT
TO
ADOPT.—The Attorney 
General, in consultation with the Director of National 
Intelligence, shall adopt targeting procedures that are 
reasonably designed to ensure that any acquisition 
authorized under subsection (a) is limited to targeting 
persons reasonably believed to be located outside the 
United States and 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 referred 
to in paragraph (1) shall be subject to judicial review 
pursuant to subsection (h). 
‘‘(e) MINIMIZATION PROCEDURES.—
‘‘(1) REQUIREMENT
TO
ADOPT.—The Attorney 
General, in consultation with the Director of National 
Intelligence, shall adopt minimization procedures that 
meet the definition of minimization procedures under 
section 101(h) or section 301(4) for acquisitions au-
thorized under subsection (a). 
‘‘(2) JUDICIAL REVIEW.—The minimization pro-
cedures required by this subsection shall be subject to 
judicial review pursuant to subsection (h).
‘‘(f) CERTIFICATION.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIREMENT.—Subject to subpara-
graph (B), prior to the initiation of an acquisi-
tion authorized under subsection (a), the Attor-
ney General and the Director of National Intel-
ligence shall provide, under oath, a written cer-
tification, as described in this subsection. 
‘‘(B) EXCEPTION.—If the Attorney General 
and the Director of National Intelligence deter-
mine that immediate action by the Government 
is required and time does not permit the prepa-
ration of a certification under this subsection 
prior to the initiation of an acquisition, the At-
torney General and the Director of National In-
telligence shall prepare such certification, includ-
ing such determination, as soon as possible but 
in no event more than 7 days after such deter-
mination is made. 
‘‘(2) REQUIREMENTS.—A certification made 
under this subsection shall—
‘‘(A) attest that—
‘‘(i) there are reasonable procedures in 
place for determining that the acquisition 
authorized under subsection (a) is targeted
at persons reasonably believed to be located 
outside the United States and that such 
procedures have been approved by, or will 
be submitted in not more than 5 days for 
approval by, the Foreign Intelligence Sur-
veillance Court pursuant to subsection (h); 
‘‘(ii) there are reasonable procedures in 
place for determining that the acquisition 
authorized under subsection (a) does not re-
sult 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 that such procedures 
have been approved by, or will be submitted 
in not more than 5 days for approval by, 
the Foreign Intelligence Surveillance Court 
pursuant to subsection (h); 
‘‘(iii) the procedures referred to in 
clauses (i) and (ii) are consistent with the 
requirements of the fourth amendment to 
the Constitution of the United States and 
do not permit the intentional targeting of 
any person who is known at the time of ac-
quisition to be located in the United States
or the intentional acquisition of any com-
munication as to which the sender and all 
intended recipients are known at the time of 
acquisition to be located in the United 
States; 
‘‘(iv) a significant purpose of the ac-
quisition is to obtain foreign intelligence in-
formation; 
‘‘(v) the minimization procedures to be 
used with respect to such acquisition—
‘‘(I) meet the definition of mini-
mization 
procedures 
under 
section 
101(h) or section 301(4); and 
‘‘(II) have been approved by, or 
will be submitted in not more than 5 
days for approval by, the Foreign In-
telligence Surveillance Court pursuant 
to subsection (h); 
‘‘(vi) the acquisition involves obtaining 
the foreign intelligence information from or 
with the assistance of an electronic commu-
nication service provider; and 
‘‘(vii) the acquisition does not con-
stitute electronic surveillance, as limited by 
section 701; and
‘‘(B) be supported, as appropriate, by the 
affidavit of any appropriate official in the area 
of national security who is—
‘‘(i) appointed by the President, by 
and with the consent of the Senate; or 
‘‘(ii) the head of any element of the in-
telligence community. 
‘‘(3) LIMITATION.—A certification made under 
this subsection is not required to identify the specific 
facilities, places, premises, or property at which the 
acquisition authorized under subsection (a) will be di-
rected or conducted. 
‘‘(4) SUBMISSION TO THE COURT.—The Attorney 
General shall transmit a copy of a certification made 
under this subsection, and any supporting affidavit, 
under seal to the Foreign Intelligence Surveillance 
Court as soon as possible, but in no event more than 
5 days after such certification is made. Such certifi-
cation shall be maintained under security measures 
adopted by the Chief Justice of the United States and 
the Attorney General, in consultation with the Direc-
tor of National Intelligence. 
‘‘(5) REVIEW.—The certification required by this 
subsection shall be subject to judicial review pursuant 
to subsection (h).
‘‘(g) DIRECTIVES AND JUDICIAL REVIEW OF DIREC-
TIVES.—
‘‘(1) AUTHORITY.—With respect to an acquisi-
tion authorized under subsection (a), the Attorney 
General and the Director of National Intelligence 
may direct, in writing, an electronic communication 
service provider to—
‘‘(A) immediately provide the Government 
with all information, facilities, or assistance nec-
essary to accomplish the acquisition in a manner 
that will protect the secrecy of the acquisition 
and produce a minimum of interference with the 
services that such electronic communication serv-
ice provider is providing to the target; and 
‘‘(B) maintain under security procedures 
approved by the Attorney General and the Direc-
tor of National Intelligence any records con-
cerning 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 com-
munication service provider for providing informa-
tion, facilities, or assistance pursuant to paragraph 
(1).
‘‘(3) 
RELEASE
FROM
LIABILITY.—Notwith-
standing any other law, no cause of action shall lie 
in any court against any electronic communication 
service provider for providing any information, facili-
ties, or assistance in accordance with a directive 
issued pursuant to paragraph (1). 
‘‘(4) CHALLENGING OF DIRECTIVES.—
‘‘(A) AUTHORITY TO CHALLENGE.—An elec-
tronic 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 un-
lawful.
paragraph may be punished by the Court as con-
tempt of court. 
‘‘(F) 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 pur-
suant to paragraph (1) may file a petition with 
the Foreign Intelligence Surveillance Court of 
Review for review of the decision issued pursuant 
to paragraph (4) or (5). The Court of Review 
shall have jurisdiction to consider such a peti-
tion 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 com-
munication service provider receiving a directive 
issued pursuant to paragraph (1) may file a pe-
tition for a writ of certiorari for review of the 
decision of the Court of Review issued under sub-
paragraph (A). The record for such review shall
be transmitted under seal to the Supreme Court 
of the United States, which shall have jurisdic-
tion to review such decision. 
‘‘(h) JUDICIAL REVIEW OF CERTIFICATIONS AND PRO-
CEDURES.—
‘‘(1) IN GENERAL.—
‘‘(A) REVIEW
BY
THE
FOREIGN
INTEL-
LIGENCE
SURVEILLANCE
COURT.—The Foreign 
Intelligence Surveillance Court shall have juris-
diction to review any certification required by 
subsection (c) and the targeting and minimiza-
tion procedures adopted pursuant to subsections 
(d) and (e). 
‘‘(B) SUBMISSION TO THE COURT.—The At-
torney General shall submit to the Court any 
such certification or procedure, or amendment 
thereto, not later than 5 days after making or 
amending the certification or adopting or 
amending the procedures. 
‘‘(2) CERTIFICATIONS.—The Court shall review a 
certification provided under subsection (f) to deter-
mine whether the certification contains all the re-
quired elements. 
‘‘(3) TARGETING PROCEDURES.—The Court shall 
review the targeting procedures required by subsection
(d) to assess whether the procedures are reasonably 
designed to ensure that the acquisition authorized 
under subsection (a) is limited to the targeting of per-
sons 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. 
‘‘(4) MINIMIZATION
PROCEDURES.—The Court 
shall review the minimization procedures required by 
subsection (e) to assess whether such procedures meet 
the definition of minimization procedures under sec-
tion 101(h) or section 301(4). 
‘‘(5) ORDERS.—
‘‘(A) APPROVAL.—If the Court finds that a 
certification required by subsection (f) contains 
all of the required elements and that the tar-
geting and minimization procedures required by 
subsections (d) and (e) are consistent with the re-
quirements of those subsections and with the 
fourth amendment to the Constitution of the 
United States, the Court shall enter an order ap-
proving the continued use of the procedures for 
the acquisition authorized under subsection (a).
‘‘(B) CORRECTION
OF
DEFICIENCIES.—If 
the Court finds that a certification required by 
subsection (f) does not contain all of the required 
elements, or that the procedures required by sub-
sections (d) and (e) are not consistent with the 
requirements of those subsections or the fourth 
amendment to the Constitution of the United 
States, the Court shall issue an order directing 
the Government to, at the Government’s election 
and to the extent required by the Court’s order—
‘‘(i) correct any deficiency identified 
by the Court’s order not later than 30 days 
after the date the Court issues the order; or 
‘‘(ii) cease the acquisition authorized 
under subsection (a). 
‘‘(C) REQUIREMENT FOR WRITTEN STATE-
MENT.—In support of its orders under this sub-
section, the Court shall provide, simultaneously 
with the orders, for the record a written state-
ment of its reasons. 
‘‘(6) APPEAL.—
‘‘(A) APPEAL TO THE COURT OF REVIEW.—
The Government may appeal any order under 
this section to the Foreign Intelligence Surveil-
lance Court of Review, which shall have jurisdic-
tion to review such order. For any decision af-
firming, 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 PEND-
ING REHEARING OR APPEAL.—Any acquisitions 
affected by an order under paragraph (5)(B) 
may continue—
‘‘(i) during the pendency of any re-
hearing of the order by the Court en banc; 
and 
‘‘(ii) if the Government appeals an 
order under this section, until the Court of 
Review enters an order under subparagraph 
(C). 
‘‘(C) IMPLEMENTATION PENDING APPEAL.—
Not later than 60 days after the filing of an ap-
peal of an order under paragraph (5)(B) direct-
ing the correction of a deficiency, the Court of 
Review shall determine, and enter a cor-
responding order regarding, whether all or any 
part of the correction order, as issued or modi-
fied, shall be implemented during the pendency 
of the appeal.
‘‘(A) are authorized to review the compli-
ance with the targeting and minimization proce-
dures required by subsections (d) and (e); 
‘‘(B) with respect to acquisitions authorized 
under subsection (a), shall review the number of 
disseminated intelligence reports containing a 
reference to a United States person identity and 
the number of United States person identities 
subsequently disseminated by the element con-
cerned in response to requests for identities that 
were not referred to by name or title in the origi-
nal reporting; 
‘‘(C) with respect to acquisitions authorized 
under subsection (a), shall review the number of 
targets that were later determined to be located 
in the United States and, to the extent possible, 
whether their communications were reviewed; 
and 
‘‘(D) shall provide each such review to—
‘‘(i) the Attorney General; 
‘‘(ii) the Director of National Intel-
ligence; and 
‘‘(iii) the congressional intelligence 
committees. 
‘‘(3) ANNUAL REVIEW.—
‘‘(A) REQUIREMENT
TO
CONDUCT.—The 
head of an element of the intelligence community 
conducting an acquisition authorized under sub-
section (a) shall direct the element to conduct an 
annual review to determine whether there is rea-
son to believe that foreign intelligence informa-
tion has been or will be obtained from the acqui-
sition. The annual review shall provide, with re-
spect to such acquisitions authorized under sub-
section (a)—
‘‘(i) an accounting of the number of 
disseminated intelligence reports containing 
a reference to a United States person iden-
tity; 
‘‘(ii) an accounting of the number of 
United States person identities subsequently 
disseminated by that element in response to 
requests for identities that were not referred 
to by name or title in the original report-
ing; 
‘‘(iii) the number of targets that were 
later determined to be located in the United 
States and, to the extent possible, whether 
their communications were reviewed; and
‘‘(iv) a description of any procedures 
developed by the head of an element of the 
intelligence community and approved by 
the Director of National Intelligence to as-
sess, in a manner consistent with national 
security, operational requirements and the 
privacy interests of United States persons, 
the extent to which the acquisitions author-
ized under subsection (a) acquire the com-
munications of United States persons, as 
well as the results of any such assessment. 
‘‘(B) USE OF REVIEW.—The head of each 
element of the intelligence community that con-
ducts an annual review under subparagraph (A) 
shall use each such review to evaluate the ade-
quacy of the minimization procedures utilized by 
such element or the application of the minimiza-
tion procedures to a particular acquisition au-
thorized 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 Surveil-
lance Court;
‘‘(ii) the Attorney General; 
‘‘(iii) the Director of National Intel-
ligence; and 
‘‘(iv) the congressional intelligence 
committees. 
‘‘SEC. 704. CERTAIN ACQUISITIONS INSIDE THE UNITED 
STATES OF UNITED STATES PERSONS OUT-
SIDE THE UNITED STATES. 
‘‘(a) JURISDICTION OF THE FOREIGN INTELLIGENCE 
SURVEILLANCE COURT.—
‘‘(1) IN
GENERAL.—The Foreign Intelligence 
Surveillance Court shall have jurisdiction to enter an 
order approving the targeting of a United States per-
son reasonably believed to be located outside the 
United States to acquire foreign intelligence informa-
tion, if such acquisition constitutes electronic surveil-
lance (as defined in section 101(f), regardless of the 
limitation of section 701) or the acquisition of stored 
electronic communications or stored electronic data 
that requires an order under this Act, and such acqui-
sition is conducted within the United States. 
‘‘(2) LIMITATION.—In the event that a United 
States person targeted under this subsection is reason-
ably believed to be located in the United States during 
the pendency of an order issued pursuant to sub-
section (c), such acquisition shall cease until author-
ity, other than under this section, is obtained pursu-
ant 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 ap-
plication 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 in-
clude—
‘‘(A) the identity of the Federal officer mak-
ing 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 cir-
cumstances relied upon to justify the applicant’s 
belief that the United States person who is the 
target of the acquisition is—
‘‘(i) a person reasonably believed to be 
located outside the United States; and 
‘‘(ii) a foreign power, an agent of a 
foreign power, or an officer or employee of 
a foreign power; 
‘‘(D) a statement of the proposed minimiza-
tion procedures that meet the definition of mini-
mization procedures under section 101(h) or sec-
tion 301(4); 
‘‘(E) a description of the nature of the in-
formation sought and the type of communica-
tions 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 in-
formation sought to be foreign intelligence 
information; 
‘‘(ii) a significant purpose of the ac-
quisition is to obtain foreign intelligence in-
formation; 
‘‘(iii) such information cannot reason-
ably be obtained by normal investigative 
techniques;
‘‘(iv) designates the type of foreign in-
telligence information being sought accord-
ing to the categories described in section 
101(e); and 
‘‘(v) includes a statement of the basis 
for the certification that—
‘‘(I) the information sought is the 
type of foreign intelligence information 
designated; and 
‘‘(II) such information cannot 
reasonably be obtained by normal in-
vestigative 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 commu-
nication service provider necessary to effect the 
acquisition, provided, however, that the applica-
tion is not required to identify the specific facili-
ties, 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 Surveil-
lance 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 main-
tained, provided that such period of time shall 
not exceed 90 days per application. 
‘‘(2) OTHER REQUIREMENTS OF THE ATTORNEY 
GENERAL.—The Attorney General may require any 
other affidavit or certification from any other officer 
in connection with the application. 
‘‘(3) OTHER REQUIREMENTS OF THE JUDGE.—
The judge may require the applicant to furnish such 
other information as may be necessary to make the 
findings required by subsection (c)(1). 
‘‘(c) ORDER.—
‘‘(1) FINDINGS.—Upon an application made 
pursuant to subsection (b), the Foreign Intelligence 
Surveillance Court shall enter an ex parte order as 
requested or as modified approving the acquisition if 
the Court finds that—
‘‘(A) the application has been made by a 
Federal officer and approved by the Attorney 
General;
‘‘(B) on the basis of the facts submitted by 
the applicant, for the United States person who 
is the target of the acquisition, there is probable 
cause to believe that the target is—
‘‘(i) a person reasonably believed to be 
located outside the United States; and 
‘‘(ii) a foreign power, an agent of a 
foreign power, or an officer or employee of 
a foreign power; 
‘‘(C) the proposed minimization procedures 
meet the definition of minimization procedures 
under section 101(h) or section 301(4); and 
‘‘(D) the application which has been filed 
contains all statements and certifications re-
quired 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 fur-
nished under subsection (b)(3). 
‘‘(2) PROBABLE CAUSE.—In determining wheth-
er or not probable cause exists for purposes of an 
order under paragraph (1), a judge having jurisdic-
tion under subsection (a)(1) may consider past activi-
ties of the target, as well as facts and circumstances 
relating to current or future activities of the target.
However, no United States person may be considered 
a foreign power, agent of a foreign power, or officer 
or employee of a foreign power solely upon the basis 
of activities protected by the first amendment to the 
Constitution of the United States. 
‘‘(3) REVIEW.—
‘‘(A) LIMITATION ON REVIEW.—Review by a 
judge having jurisdiction under subsection (a)(1) 
shall be limited to that required to make the 
findings described in paragraph (1). 
‘‘(B) REVIEW OF PROBABLE CAUSE.—If the 
judge determines that the facts submitted under 
subsection (b) are insufficient to establish prob-
able cause to issue an order under paragraph 
(1), the judge shall enter an order so stating and 
provide a written statement for the record of the 
reasons for such determination. The Government 
may appeal an order under this clause pursuant 
to subsection (f). 
‘‘(C) REVIEW
OF
MINIMIZATION
PROCE-
DURES.—If the judge determines that the pro-
posed minimization procedures required under 
paragraph (1)(C) do not meet the definition of 
minimization procedures under section 101(h) or 
section 301(4), the judge shall enter an order so
stating and provide a written statement for the 
record of the reasons for such determination. The 
Government may appeal an order under this 
clause pursuant to subsection (f). 
‘‘(D) REVIEW
OF
CERTIFICATION.—If the 
judge determines that an application required by 
subsection (b) does not contain all of the required 
elements, or that the certification or certifi-
cations are clearly erroneous on the basis of the 
statement made under subsection (b)(1)(F)(v) 
and any other information furnished under sub-
section (b)(3), the judge shall enter an order so 
stating and provide a written statement for the 
record of the reasons for such determination. The 
Government may appeal an order under this 
clause pursuant to subsection (f). 
‘‘(4) SPECIFICATIONS.—An order approving an 
acquisition under this subsection shall specify—
‘‘(A) the identity, if known, or a description 
of the United States person who is the target of 
the acquisition identified or described in the ap-
plication pursuant to subsection (b)(1)(B); 
‘‘(B) if provided in the application pursu-
ant to subsection (b)(1)(H), the nature and loca-
tion 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 acquisi-
tions under this subsection shall direct—
‘‘(A) that the minimization procedures be 
followed; 
‘‘(B) an electronic communication service 
provider to provide to the Government forthwith 
all information, facilities, or assistance necessary 
to accomplish the acquisition authorized under 
this subsection in a manner that will protect the 
secrecy of the acquisition and produce a min-
imum of interference with the services that such 
electronic communication service provider is pro-
viding to the target; 
‘‘(C) an electronic communication service 
provider to maintain under security procedures
approved by the Attorney General any records 
concerning the acquisition or the aid furnished 
that such electronic communication service pro-
vider wishes to maintain; and 
‘‘(D) that the Government compensate, at 
the prevailing rate, such electronic communica-
tion service provider for providing such informa-
tion, facilities, or assistance. 
‘‘(6) DURATION.—An order approved under this 
paragraph shall be effective for a period not to exceed 
90 days and such order may be renewed for addi-
tional 90-day periods upon submission of renewal ap-
plications 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 proce-
dures by reviewing the circumstances under which in-
formation concerning United States persons was ac-
quired, retained, or disseminated. 
‘‘(d) EMERGENCY AUTHORIZATION.—
‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA-
TION.—Notwithstanding any other provision of this 
Act, if the Attorney General reasonably determines 
that—
‘‘(A) an emergency situation exists with re-
spect to the acquisition of foreign intelligence in-
formation for which an order may be obtained 
under subsection (c) before an order authorizing 
such acquisition can with due diligence be ob-
tained, and 
‘‘(B) the factual basis for issuance of an 
order under this subsection to approve such ac-
quisition exists, 
the Attorney General may authorize the emergency 
acquisition if a judge having jurisdiction under sub-
section (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 con-
duct such acquisition and if an application in ac-
cordance with this subsection is made to a judge of 
the Foreign Intelligence Surveillance Court as soon as 
practicable, but not more than 7 days after the Attor-
ney General authorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the Attor-
ney General authorizes such emergency acquisition, 
the Attorney General shall require that the minimiza-
tion procedures required by this section for the 
issuance of a judicial order be followed.
‘‘(3) TERMINATION OF EMERGENCY AUTHORIZA-
TION.—In the absence of a judicial order approving 
such acquisition, the acquisition shall terminate when 
the information sought is obtained, when the applica-
tion 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.—In the event that 
such application for approval is denied, or in any 
other case where the acquisition is terminated and no 
order is issued approving the acquisition, no informa-
tion obtained or evidence derived from such acquisi-
tion, except under circumstances in which the target 
of the acquisition is determined not to be a United 
States person during the pendency of the 7-day emer-
gency acquisition period, shall be received in evidence 
or otherwise disclosed in any trial, hearing, or other 
proceeding in or before any court, grand jury, depart-
ment, office, agency, regulatory body, legislative com-
mittee, or other authority of the United States, a 
State, or political subdivision thereof, and no infor-
mation 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 in-
formation indicates a threat of death or serious bodily 
harm to any person. 
‘‘(e) RELEASE FROM LIABILITY.—Notwithstanding 
any other law, no cause of action shall lie in any court 
against any electronic communication service provider for 
providing any information, facilities, or assistance in ac-
cordance 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 Sur-
veillance Court of Review for review of an order 
issued pursuant to subsection (c). The Court of Re-
view 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 cer-
tiorari for review of the decision of the Court of Re-
view 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 jurisdic-
tion to review such decision.
‘‘SEC. 705. OTHER ACQUISITIONS TARGETING UNITED 
STATES 
PERSONS 
OUTSIDE 
THE 
UNITED 
STATES. 
‘‘(a) JURISDICTION AND SCOPE.—
‘‘(1) JURISDICTION.—The Foreign Intelligence 
Surveillance Court shall have jurisdiction to enter an 
order pursuant to subsection (c). 
‘‘(2) SCOPE.—No element of the intelligence com-
munity 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 expec-
tation 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 en-
tered an order or the Attorney General has authorized 
an emergency acquisition pursuant to subsections (c) 
or (d) or any other provision of this Act. 
‘‘(3) LIMITATIONS.—
‘‘(A) MOVING
OR
MISIDENTIFIED
TAR-
GETS.—In the event that the targeted United 
States person is reasonably believed to be in the 
United States during the pendency of an order 
issued pursuant to subsection (c), such acquisi-
erroneous on the basis of the information fur-
nished under subsection (b), 
the Court shall issue an ex parte order so stating. 
‘‘(2) PROBABLE CAUSE.—In determining wheth-
er or not probable cause exists for purposes of an 
order under paragraph (1)(A), a judge having juris-
diction under subsection (a)(1) may consider past ac-
tivities of the target, as well as facts and cir-
cumstances relating to current or future activities of 
the target. However, no United States person may be 
considered a foreign power, agent of a foreign power, 
or officer or employee of a foreign power solely upon 
the basis of activities protected by the first amend-
ment 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 sec-
tion may be conducted. 
‘‘(B) REVIEW OF PROBABLE CAUSE.—If the 
judge determines that the facts submitted under 
subsection (b) are insufficient to establish prob-
able cause to issue an order under this sub-
section, the judge shall enter an order so stating 
and provide a written statement for the record of 
the reasons for such determination. The Govern-
ment may appeal an order under this clause 
pursuant to subsection (e). 
‘‘(C) REVIEW
OF
MINIMIZATION
PROCE-
DURES.—If the judge determines that the mini-
mization procedures applicable to dissemination 
of information obtained through an acquisition 
under this subsection do not meet the definition 
of minimization procedures under section 101(h) 
or section 301(4), the judge shall enter an order 
so stating and provide a written statement for 
the record of the reasons for such determination. 
The Government may appeal an order under this 
clause pursuant to subsection (e). 
‘‘(D) SCOPE
OF
REVIEW
OF
CERTIFI-
CATION.—If the judge determines that the certifi-
cation provided under subsection (b)(4) is clearly 
erroneous on the basis of the information fur-
nished under subsection (b), the judge shall enter 
an order so stating and provide a written state-
ment for the record of the reasons for such deter-
mination. The Government may appeal an order
under this subparagraph pursuant to subsection 
(e). 
‘‘(4) DURATION.—An order under this para-
graph 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 applica-
tions 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 com-
pliance with the minimization procedures by review-
ing the circumstances under which information con-
cerning United States persons was disseminated, pro-
vided that the judge may not inquire into the cir-
cumstances relating to the conduct of the acquisition. 
‘‘(d) EMERGENCY AUTHORIZATION.—
‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA-
TION.—Notwithstanding any other provision in this 
subsection, if the Attorney General reasonably deter-
mines that—
‘‘(A) an emergency situation exists with re-
spect to the acquisition of foreign intelligence in-
formation for which an order may be obtained 
under subsection (c) before an order under that
subsection may, with due diligence, be obtained, 
and 
‘‘(B) the factual basis for issuance of an 
order under this section exists, 
the Attorney General may authorize the emergency 
acquisition if a judge having jurisdiction under sub-
section (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 con-
duct such acquisition and if an application in ac-
cordance with this subsection is made to a judge of 
the Foreign Intelligence Surveillance Court as soon as 
practicable, but not more than 7 days after the Attor-
ney General authorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the Attor-
ney General authorizes such emergency acquisition, 
the Attorney General shall require that the minimiza-
tion procedures required by this section be followed. 
‘‘(3) TERMINATION OF EMERGENCY AUTHORIZA-
TION.—In the absence of an order under subsection 
(c), the acquisition shall terminate when the informa-
tion 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.—In the event that 
such application is denied, or in any other case where 
the acquisition is terminated and no order is issued 
approving the acquisition, no information obtained or 
evidence derived from such acquisition, except under 
circumstances in which the target of the acquisition 
is determined not to be a United States person during 
the pendency of the 7-day emergency acquisition pe-
riod, shall be received in evidence or otherwise dis-
closed in any trial, hearing, or other proceeding in or 
before any court, grand jury, department, office, agen-
cy, 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 acquisi-
tion 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 per-
son. 
‘‘(e) APPEAL.—
‘‘(1) APPEAL TO THE COURT OF REVIEW.—The 
Government may file an appeal with the Foreign In-
telligence Surveillance Court of Review for review of
an order issued pursuant to subsection (c). The Court 
of Review shall have jurisdiction to consider such ap-
peal and shall provide a written statement for the 
record of the reasons for a decision under this para-
graph. 
‘‘(2) CERTIORARI TO THE SUPREME COURT.—
The Government may file a petition for a writ of cer-
tiorari for review of the decision of the Court of Re-
view 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 jurisdic-
tion to review such decision. 
‘‘SEC. 706. JOINT APPLICATIONS AND CONCURRENT AU-
THORIZATIONS. 
‘‘(a) JOINT APPLICATIONS AND ORDERS.—If an acqui-
sition targeting a United States person under section 704 
or section 705 is proposed to be conducted both inside and 
outside the United States, a judge having jurisdiction under 
section 704(a)(1) or section 705(a)(1) may issue simulta-
neously, upon the request of the Government in a joint ap-
plication complying with the requirements of section 704(b) 
or section 705(b), orders under section 704(c) or section 
705(c), as applicable. 
‘‘(b) CONCURRENT AUTHORIZATION.—If an order au-
thorizing electronic surveillance or physical search has been
obtained under section 105 or section 304 and that order 
is still in effect, the Attorney General may authorize, with-
out an order under section 704 or section 705, an acquisi-
tion of foreign intelligence information targeting that 
United States person while such person is reasonably be-
lieved to be located outside the United States. 
‘‘SEC. 707. USE OF INFORMATION ACQUIRED UNDER TITLE 
VII. 
‘‘(a) INFORMATION ACQUIRED UNDER SECTION 703.—
Information acquired from an acquisition conducted under 
section 703 shall be deemed to be information acquired from 
an electronic surveillance pursuant to title I for purposes 
of section 106, except for the purposes of subsection (j) of 
such section. 
‘‘(b) INFORMATION ACQUIRED UNDER SECTION 704.—
Information acquired from an acquisition conducted under 
section 704 shall be deemed to be information acquired from 
an electronic surveillance pursuant to title I for purposes 
of section 106. 
‘‘SEC. 708. CONGRESSIONAL OVERSIGHT. 
‘‘(a) SEMIANNUAL REPORT.—Not less frequently than 
once every 6 months, the Attorney General shall fully in-
form, in a manner consistent with national security, the 
congressional intelligence committees, the Committee on the 
Judiciary of the Senate, and the Committee on the Judici-
‘‘(F) a description of any incidents of non-
compliance with a directive issued by the Attor-
ney General and the Director of National Intel-
ligence under subsection 703(g), including—
‘‘(i) incidents of noncompliance by an 
element of the intelligence community with 
procedures adopted pursuant to subsections 
(d) and (e) of section 703; and 
‘‘(ii) incidents of noncompliance by a 
specified person to whom the Attorney Gen-
eral and Director of National Intelligence 
issued a directive under subsection 703(g); 
and 
‘‘(G) any procedures implementing this sec-
tion; 
‘‘(2) with respect to section 704—
‘‘(A) the total number of applications made 
for orders under section 704(b); 
‘‘(B) the total number of such orders either 
granted, modified, or denied; and 
‘‘(C) the total number of emergency acquisi-
tions authorized by the Attorney General under 
section 704(d) and the total number of subse-
quent orders approving or denying such acquisi-
tions; and
‘‘(3) with respect to section 705—
‘‘(A) the total number of applications made 
for orders under 705(b); 
‘‘(B) the total number of such orders either 
granted, modified, or denied; and 
‘‘(C) the total number of emergency acquisi-
tions authorized by the Attorney General under 
subsection 705(d) and the total number of subse-
quent orders approving or denying such applica-
tions.’’. 
(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. Limitation on definition of electronic surveillance. 
‘‘Sec. 702. Definitions. 
‘‘Sec. 703. Procedures for targeting certain persons outside the United States 
other than United States persons. 
‘‘Sec. 704. Certain acquisitions inside the United States of United States persons 
outside the United States. 
‘‘Sec. 705. Other acquisitions targeting United States persons outside the United 
States. 
‘‘Sec. 706. Joint applications and concurrent authorizations. 
‘‘Sec. 707. Use of information acquired under title VII. 
‘‘Sec. 708. Congressional oversight.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TITLE 18, UNITED STATES CODE.—
(A) SECTION 2232.—Section 2232(e) of title 
18, United States Code, is amended by inserting 
‘‘(as defined in section 101(f) of the Foreign In-
telligence Surveillance Act of 1978, regardless of 
the limitation of section 701 of that Act)’’ after 
‘‘electronic surveillance’’. 
(B) 
SECTION
2511.—Section 
2511(2)(a)(ii)(A) of title 18, United States Code, 
is amended by inserting ‘‘or a court order pursu-
ant to section 705 of the Foreign Intelligence 
Surveillance Act of 1978’’ after ‘‘assistance’’. 
(2) FOREIGN INTELLIGENCE SURVEILLANCE ACT 
OF 1978.—
(A) SECTION 109.—Section 109 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1809) is amended by adding at the end 
the following: 
‘‘(e) DEFINITION.—For the purpose of this section, the 
term ‘electronic surveillance’ means electronic surveillance 
as defined in section 101(f) of this Act regardless of the limi-
tation of section 701 of this Act.’’. 
(B) SECTION 110.—Section 110 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1810) is amended by—
(i) adding an ‘‘(a)’’ before ‘‘CIVIL AC-
TION’’, 
(ii) 
redesignating 
subsections 
(a) 
through (c) as paragraphs (1) through (3), 
respectively; and 
(iii) adding at the end the following: 
‘‘(b) DEFINITION.—For the purpose of this section, the 
term ‘electronic surveillance’ means electronic surveillance 
as defined in section 101(f) of this Act regardless of the limi-
tation of section 701 of this Act.’’. 
(C) SECTION 601.—Section 601(a)(1) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1871(a)(1)) is amended by striking sub-
paragraphs (C) and (D) and inserting the fol-
lowing: 
‘‘(C) pen registers under section 402; 
‘‘(D) access to records under section 501; 
‘‘(E) acquisitions under section 704; and 
‘‘(F) acquisitions under section 705;’’. 
(d) TERMINATION OF AUTHORITY.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsections 
(a)(2), (b), and (c) shall cease to have effect on De-
cember 31, 2013.
(2) 
CONTINUING
APPLICABILITY.—Section 
703(g)(3) of the Foreign Intelligence Surveillance Act 
of 1978 (as amended by subsection (a)) shall remain 
in effect with respect to any directive issued pursuant 
to section 703(g) of that Act (as so amended) for in-
formation, facilities, or assistance provided during 
the period such directive was or is in effect. Section 
704(e) of the Foreign Intelligence Surveillance Act of 
1978 (as amended by subsection (a)) shall remain in 
effect with respect to an order or request for emer-
gency assistance under that section. The use of infor-
mation acquired by an acquisition conducted under 
section 703 of that Act (as so amended) shall continue 
to be governed by the provisions of section 707 of that 
Act (as so amended). 
SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH 
ELECTRONIC SURVEILLANCE AND INTERCEP-
TION OF DOMESTIC COMMUNICATIONS MAY 
BE CONDUCTED. 
(a) STATEMENT OF EXCLUSIVE MEANS.—Title I of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by adding at the end the following 
new section:
(B) 
by 
redesignating 
paragraphs 
(3) 
through (10) as paragraphs (2) through (9), re-
spectively; 
(C) in paragraph (5), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘detailed’’; 
(D) in paragraph (6), as redesignated by 
subparagraph (B) of this paragraph, in the mat-
ter preceding subparagraph (A)—
(i) by striking ‘‘Affairs or’’ and insert-
ing ‘‘Affairs,’’; and 
(ii) by striking ‘‘Senate—’’ and insert-
ing ‘‘Senate, or the Deputy Director of the 
Federal Bureau of Investigation, if des-
ignated by the President as a certifying offi-
cial—’’; 
(E) in paragraph (7), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘statement of’’ and inserting ‘‘summary state-
ment of’’; 
(F) in paragraph (8), as redesignated by 
subparagraph (B) of this paragraph, by adding 
‘‘and’’ at the end; and
(G) in paragraph (9), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘; and’’ and inserting a period; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) through (e) 
as subsections (b) through (d), respectively; and 
(4) in paragraph (1)(A) of subsection (d), as re-
designated 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), re-
spectively; 
(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 Gen-
eral—
‘‘(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 surveil-
lance can with due diligence be obtained; 
‘‘(B) resonably determines that the factual basis 
for issuance of an order under this title to approve 
such electronic surveillance exists; 
‘‘(C) informs, either personally or through a des-
ignee, a judge having jurisdiction under section 103 
at the time of such authorization that the decision has 
been made to employ emergency electronic surveil-
lance; 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 surveil-
lance. 
‘‘(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 judi-
cial 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 applica-
tion for the order is denied, or after the expiration of 7 
days from the time of authorization by the Attorney Gen-
eral, whichever is earliest. 
‘‘(4) A denial of the application made under this sub-
section 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 surveil-
lance 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 other-
wise 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 there-
of, and no information concerning any United States per-
son 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 in-
dicates a threat of death or serious bodily harm to any per-
son. 
‘‘(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 dis-
closure 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 ‘‘commu-
nication’’.
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES. 
(a) APPLICATIONS.—Section 303 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1823) is amend-
ed—
(1) in subsection (a)—
(A) by striking paragraph (2); 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (9) as paragraphs (2) through (8), re-
spectively; 
(C) in paragraph (2), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘detailed’’; 
(D) in paragraph (3)(C), as redesignated by 
subparagraph (B) of this paragraph, by insert-
ing ‘‘or is about to be’’ before ‘‘owned’’; and 
(E) in paragraph (6), as redesignated by 
subparagraph (B) of this paragraph, in the mat-
ter preceding subparagraph (A)—
(i) by striking ‘‘Affairs or’’ and insert-
ing ‘‘Affairs,’’; and 
(ii) by striking ‘‘Senate—’’ and insert-
ing ‘‘Senate, or the Deputy Director of the 
Federal Bureau of Investigation, if des-
ignated by the President as a certifying offi-
cial—’’; 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), re-
spectively; and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e)(1) Notwithstanding any other provision of this 
title, the Attorney General may authorize the emergency 
employment of a physical search if the Attorney General 
reasonably—
‘‘(A) determines that an emergency situation ex-
ists with respect to the employment of a physical 
search to obtain foreign intelligence information be-
fore an order authorizing such physical search can 
with due diligence be obtained; 
‘‘(B) determines that the factual basis for 
issuance of an order under this title to approve such 
physical search exists;
‘‘(C) informs, either personally or through a des-
ignee, a judge of the Foreign Intelligence Surveillance 
Court at the time of such authorization that the deci-
sion 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 Sur-
veillance 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 proce-
dures 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 sub-
section 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 other-
wise 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 there-
of, and no information concerning any United States per-
son 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 in-
dicates a threat of death or serious bodily harm to any per-
son. 
‘‘(B) The Attorney General shall assess compliance 
with the requirements of subparagraph (A).’’. 
(c) CONFORMING AMENDMENTS.—The Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended—
(1) in section 304(a)(4), as redesignated by sub-
section (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 sec-
tion 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 fur-
ther amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2)(A) The court established under this subsection 
may, on its own initiative, or upon the request of the Gov-
ernment in any proceeding or a party under section 501(f) 
or paragraph (4) or (5) of section 703(h), hold a hearing 
or rehearing, en banc, when ordered by a majority of the
judges that constitute such court upon a determination 
that—
‘‘(i) en banc consideration is necessary to secure 
or maintain uniformity of the court’s decisions; or 
‘‘(ii) the proceeding involves a question of excep-
tional 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 estab-
lished 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 sub-
section’’; 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 sub-
section (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 sub-
section (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 SURVEIL-
LANCE COURT.—Section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803), as amended by 
this Act, is amended by adding at the end the following: 
‘‘(h)(1) Nothing in this Act shall be considered to re-
duce or contravene the inherent authority of the Foreign 
Intelligence Surveillance Court to determine, or enforce, 
compliance with an order or a rule of such Court or with 
a procedure approved by such Court. 
‘‘(2) In this subsection, the terms ‘Foreign Intelligence 
Surveillance Court’ and ‘Court’ mean the court established 
by subsection (a).’’. 
SEC. 110. WEAPONS OF MASS DESTRUCTION. 
(a) DEFINITIONS.—
(1) FOREIGN POWER.—Subsection (a)(4) of sec-
tion 101 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801(a)(4)) is amended by insert-
ing ‘‘, the international proliferation of weapons of 
mass destruction,’’ after ‘‘international terrorism’’. 
(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 
(B) in subparagraph (C), by striking ‘‘or’’ 
at the end; and 
(C) by adding at the end the following new 
subparagraphs:
(A) alleges that an electronic communica-
tion service provider furnished assistance to an 
element of the intelligence community; and 
(B) seeks monetary or other relief from the 
electronic communication service provider re-
lated to the provision of such assistance. 
(4) ELECTRONIC COMMUNICATION SERVICE PRO-
VIDER.—The term ‘‘electronic communication service 
provider’’ means—
(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
(B) a provider of an electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
(C) a provider of a remote computing serv-
ice, as that term is defined in section 2711 of 
title 18, United States Code; 
(D) any other communication service pro-
vider who has access to wire or electronic com-
munications 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 subpara-
graph (A), (B), (C), or (D); or 
(F) an officer, employee, or agent of an en-
tity described in subparagraph (A), (B), (C), 
(D), or (E). 
(5) ELEMENT
OF
THE
INTELLIGENCE
COMMU-
NITY.—The term ‘‘element of the intelligence commu-
nity’’ means an element of the intelligence community 
specified in or designated under section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)). 
SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ELEC-
TRONIC 
COMMUNICATION 
SERVICE 
PRO-
VIDERS. 
(a) LIMITATIONS.—
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, a covered civil action shall not lie 
or be maintained in a Federal or State court, and 
shall be promptly dismissed, if the Attorney General 
certifies to the court that—
(A) the assistance alleged to have been pro-
vided by the electronic communication service 
provider was—
(i) in connection with an intelligence 
activity involving communications that 
was—
(I) authorized by the President 
during the period beginning on Sep-
tember 11, 2001, and ending on Janu-
ary 17, 2007; and 
(II) designed to detect or prevent 
a terrorist attack, or activities in prep-
aration for a terrorist attack, against 
the United States; and 
(ii) described in a written request or 
directive from the Attorney General or the 
head of an element of the intelligence com-
munity (or the deputy of such person) to the 
electronic communication service provider 
indicating that the activity was—
(I) authorized by the President; 
and 
(II) determined to be lawful; or 
(B) the electronic communication service 
provider did not provide the alleged assistance. 
(2) REVIEW.—A certification made pursuant to 
paragraph (1) shall be subject to review by a court for 
abuse of discretion.
(b) REVIEW
OF CERTIFICATIONS.—If the Attorney 
General files a declaration under section 1746 of title 28, 
United States Code, that disclosure of a certification made 
pursuant to subsection (a) would harm the national secu-
rity of the United States, the court shall—
(1) review such certification in camera and ex 
parte; and 
(2) limit any public disclosure concerning such 
certification, including any public order following 
such an ex parte review, to a statement that the con-
ditions of subsection (a) have been met, without dis-
closing the subparagraph of subsection (a)(1) that is 
the basis for the certification. 
(c) NONDELEGATION.—The authority and duties of the 
Attorney General under this section shall be performed by 
the Attorney General (or Acting Attorney General) or a des-
ignee in a position not lower than the Deputy Attorney 
General. 
(d) CIVIL ACTIONS IN STATE COURT.—A covered civil 
action that is brought in a State court shall be deemed to 
arise under the Constitution and laws of the United States 
and shall be removable under section 1441 of title 28, 
United States Code.
(e) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to limit any otherwise available immu-
nity, privilege, or defense under any other provision of law. 
(f) EFFECTIVE DATE AND APPLICATION.—This section 
shall apply to any covered civil action that is pending on 
or filed after the date of enactment of this Act. 
SEC. 203. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES 
UNDER 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), as amended by section 101, is further 
amended by adding after title VII the following new title: 
‘‘TITLE 
VIII—PROTECTION 
OF 
PERSONS 
ASSISTING 
THE 
GOVERNMENT 
‘‘SEC. 801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ASSISTANCE.—The term ‘assistance’ means 
the provision of, or the provision of access to, infor-
mation (including communication contents, commu-
nications records, or other information relating to a 
customer or communication), facilities, or another 
form of assistance.
‘‘(2) ATTORNEY GENERAL.—The term ‘Attorney 
General’ has the meaning give that term in section 
101(g). 
‘‘(3) CONTENTS.—The term ‘contents’ has the 
meaning given that term in section 101(n). 
‘‘(4) ELECTRONIC COMMUNICATION SERVICE PRO-
VIDER.—The term ‘electronic communication service 
provider’ means—
‘‘(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
‘‘(B) a provider of electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
‘‘(C) a provider of a remote computing serv-
ice, as that term is defined in section 2711 of 
title 18, United States Code; 
‘‘(D) any other communication service pro-
vider who has access to wire or electronic com-
munications either as such communications are 
transmitted or as such communications are 
stored; 
‘‘(E) a parent, subsidiary, affiliate, suc-
cessor, or assignee of an entity described in sub-
paragraph (A), (B), (C), or (D); or
‘‘(F) an officer, employee, or agent of an en-
tity described in subparagraph (A), (B), (C), 
(D), or (E). 
‘‘(5) ELEMENT OF THE INTELLIGENCE COMMU-
NITY.—The term ‘element of the intelligence commu-
nity’ means an element of the intelligence community 
as specified or designated under section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)). 
‘‘(6) PERSON.—The term ‘person’ means—
‘‘(A) an electronic communication service 
provider; or 
‘‘(B) a landlord, custodian, or other person 
who may be authorized or required to furnish as-
sistance pursuant to—
‘‘(i) an order of the court established 
under section 103(a) directing such assist-
ance; 
‘‘(ii) a certification in writing under 
section 2511(2)(a)(ii)(B) or 2709(b) of title 
18, United States Code; or 
‘‘(iii) 
a 
directive 
under 
section 
102(a)(4), 105B(e), as in effect on the day 
before the date of the enactment of the FISA 
Amendments Act of 2008 or 703(h).
‘‘(7) STATE.—The term ‘State’ means any State, 
political subdivision of a State, the Commonwealth of 
Puerto Rico, the District of Columbia, and any terri-
tory or possession of the United States, and includes 
any officer, public utility commission, or other body 
authorized to regulate an electronic communication 
service provider. 
‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES. 
‘‘(a) REQUIREMENT FOR CERTIFICATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, no civil action may lie or be main-
tained in a Federal or State court against any person 
for providing assistance to an element of the intel-
ligence community, and shall be promptly dismissed, 
if the Attorney General certifies to the court that—
‘‘(A) any assistance by that person was pro-
vided pursuant to an order of the court estab-
lished under section 103(a) directing such assist-
ance; 
‘‘(B) any assistance by that person was pro-
vided pursuant to a certification in writing 
under section 2511(2)(a)(ii)(B) or 2709(b) of 
title 18, United States Code;
‘‘(C) any assistance by that person was pro-
vided pursuant to a directive under sections 
102(a)(4), 105B(e), as in effect on the day before 
the date of the enactment of the FISA Amend-
ments Act of 2008, or 703(h) directing such as-
sistance; or 
‘‘(D) the person did not provide the alleged 
assistance. 
‘‘(2) REVIEW.—A certification made pursuant to 
paragraph (1) shall be subject to review by a court for 
abuse of discretion. 
‘‘(b) LIMITATIONS ON DISCLOSURE.—If the Attorney 
General files a declaration under section 1746 of title 28, 
United States Code, that disclosure of a certification made 
pursuant to subsection (a) would harm the national secu-
rity of the United States, the court shall—
‘‘(1) review such certification in camera and ex 
parte; and 
‘‘(2) limit any public disclosure concerning such 
certification, including any public order following 
such an ex parte review, to a statement that the con-
ditions of subsection (a) have been met, without dis-
closing the subparagraph of subsection (a)(1) that is 
the basis for the certification.
‘‘(c) REMOVAL.—A civil action against a person for 
providing assistance to an element of the intelligence com-
munity 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. 
‘‘(d) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this section may be construed to limit any otherwise avail-
able immunity, privilege, or defense under any other provi-
sion of law. 
‘‘(e) APPLICABILITY.—This section shall apply to a 
civil action pending on or filed after the date of enactment 
of the FISA Amendments Act of 2008.’’. 
SEC. 204. PREEMPTION OF STATE INVESTIGATIONS. 
Title VIII of the Foreign Intelligence Surveillance Act 
(50 U.S.C. 1801 et seq.), as added by section 203 of this 
Act, is amended by adding at the end the following new 
section: 
‘‘SEC. 803. PREEMPTION. 
‘‘(a) IN GENERAL.—No State shall have authority to—
‘‘(1) conduct an investigation into an electronic 
communication service provider’s alleged assistance to 
an element of the intelligence community; 
‘‘(2) require through regulation or any other 
means the disclosure of information about an elec-
tronic communication service provider’s alleged as-
sistance to an element of the intelligence community; 
‘‘(3) impose any administrative sanction on an 
electronic communication service provider for assist-
ance to an element of the intelligence community; or 
‘‘(4) commence or maintain a civil action or 
other proceeding to enforce a requirement that an 
electronic communication service provider disclose in-
formation concerning alleged assistance to an element 
of the intelligence community. 
‘‘(b) SUITS BY THE UNITED STATES.—The United 
States may bring suit to enforce the provisions of this sec-
tion. 
‘‘(c) JURISDICTION.—The district courts of the United 
States shall have jurisdiction over any civil action brought 
by the United States to enforce the provisions of this section. 
‘‘(d) APPLICATION.—This section shall apply to any 
investigation, action, or proceeding that is pending on or 
filed after the date of enactment of the FISA Amendments 
Act of 2008.’’. 
SEC. 205. TECHNICAL AMENDMENTS. 
The table of contents in the first section of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.), as amended by section 101(b), is further amended by 
adding at the end the following:
‘‘TITLE VIII—PROTECTION OF PERSONS ASSISTING THE 
GOVERNMENT 
‘‘Sec. 801. Definitions. 
‘‘Sec. 802. Procedures for implementing statutory defenses. 
‘‘Sec. 803. Preemption.’’.
TITLE III—OTHER PROVISIONS 
SEC. 301. SEVERABILITY. 
If any provision of this Act, any amendment made by 
this Act, or the application thereof to any person or cir-
cumstances is held invalid, the validity of the remainder 
of the Act, any such amendments, and of the application 
of such provisions to other persons and circumstances shall 
not be affected thereby. 
SEC. 302. EFFECTIVE DATE; REPEAL; TRANSITION PROCE-
DURES. 
(a) IN GENERAL.—Except as provided in subsection 
(c), the amendments made by this Act shall take effect on 
the date of the enactment of this Act. 
(b) REPEAL.—
(1) IN GENERAL.—Except as provided in sub-
section (c), sections 105A, 105B, and 105C of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805a, 1805b, and 1805c) are repealed. 
(2) TABLE OF CONTENTS.—The table of contents 
in the first section of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended
by striking the items relating to sections 105A, 105B, 
and 105C. 
(c) TRANSITIONS PROCEDURES.—
(1) PROTECTION
FROM
LIABILITY.—Notwith-
standing subsection (b)(1), subsection (l) of section 
105B of the Foreign Intelligence Surveillance Act of 
1978 shall remain in effect with respect to any direc-
tives issued pursuant to such section 105B for infor-
mation, facilities, or assistance provided during the 
period such directive was or is in effect. 
(2) ORDERS IN EFFECT.—
(A) ORDERS IN EFFECT ON DATE OF ENACT-
MENT.—Notwithstanding any other provision of 
this Act or of the Foreign Intelligence Surveil-
lance Act of 1978—
(i) any order in effect on the date of 
enactment of this Act issued pursuant to the 
Foreign Intelligence Surveillance Act of 
1978 or section 6(b) of the Protect America 
Act of 2007 (Public Law 110–55; 121 Stat. 
556) shall remain in effect until the date of 
expiration of such order; and 
(ii) at the request of the applicant, the 
court established under section 103(a) of the 
Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803(a)) shall reauthorize 
such order if the facts and circumstances 
continue to justify issuance of such order 
under the provisions of such Act, as in effect 
on the day before the date of the enactment 
of the Protect America Act of 2007, except 
as amended by sections 102, 103, 104, 105, 
106, 107, 108, 109, and 110 of this Act. 
(B) ORDERS IN EFFECT ON DECEMBER 31, 
2013.—Any order issued under title VII of the 
Foreign Intelligence Surveillance Act of 1978, as 
amended by section 101 of this Act, in effect on 
December 31, 2013, shall continue in effect until 
the date of the expiration of such order. Any 
such order shall be governed by the applicable 
provisions of the Foreign Intelligence Surveil-
lance Act of 1978, as so amended. 
(3) AUTHORIZATIONS
AND
DIRECTIVES
IN
EF-
FECT.—
(A) AUTHORIZATIONS AND DIRECTIVES IN 
EFFECT
ON
DATE
OF
ENACTMENT.—Notwith-
standing any other provision of this Act or of the 
Foreign Intelligence Surveillance Act of 1978, 
any authorization or directive in effect on the 
date of the enactment of this Act issued pursuant
to the Protect America Act of 2007, or any 
amendment made by that Act, shall remain in 
effect until the date of expiration of such author-
ization or directive. Any such authorization or 
directive shall be governed by the applicable pro-
visions of the Protect America Act of 2007 (121 
Stat. 552), and the amendment made by that 
Act, and, except as provided in paragraph (4) of 
this subsection, any acquisition pursuant to such 
authorization or directive shall be deemed not to 
constitute electronic surveillance (as that term is 
defined in section 101(f) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1801(f)), as construed in accordance with section 
105A of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1805a)). 
(B) AUTHORIZATIONS AND DIRECTIVES IN 
EFFECT ON DECEMBER 31, 2013.—Any authoriza-
tion or directive issued under title VII of the 
Foreign Intelligence Surveillance Act of 1978, as 
amended by section 101 of this Act, in effect on 
December 31, 2013, shall continue in effect until 
the date of the expiration of such authorization 
or directive. Any such authorization or directive 
shall be governed by the applicable provisions of
the Foreign Intelligence Surveillance Act of 1978, 
as so amended, and, except as provided in sec-
tion 707 of the Foreign Intelligence Surveillance 
Act of 1978, as so amended, any acquisition pur-
suant to such authorization or directive shall be 
deemed not to constitute electronic surveillance 
(as that term is defined in section 101(f) of the 
Foreign Intelligence Surveillance Act of 1978, to 
the extent that such section 101(f) is limited by 
section 701 of the Foreign Intelligence Surveil-
lance Act of 1978, as so amended). 
(4) USE
OF
INFORMATION
ACQUIRED
UNDER 
PROTECT AMERICA ACT.—Information acquired from 
an acquisition conducted under the Protect America 
Act of 2007, and the amendments made by that Act, 
shall be deemed to be information acquired from an 
electronic surveillance pursuant to title I of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) for purposes of section 106 of that Act 
(50 U.S.C. 1806), except for purposes of subsection (j) 
of such section. 
(5) NEW ORDERS.—Notwithstanding any other 
provision of this Act or of the Foreign Intelligence 
Surveillance Act of 1978—
(A) the government may file an application 
for an order under the Foreign Intelligence Sur-
veillance Act of 1978, as in effect on the day be-
fore the date of the enactment of the Protect 
America Act of 2007, except as amended by sec-
tions 102, 103, 104, 105, 106, 107, 108, 109, and 
110 of this Act; and 
(B) the court established under section 
103(a) of the Foreign Intelligence Surveillance 
Act of 1978 shall enter an order granting such 
an application if the application meets the re-
quirements of such Act, as in effect on the day 
before the date of the enactment of the Protect 
America Act of 2007, except as amended by sec-
tions 102, 103, 104, 105, 106, 107, 108, 109, and 
110 of this Act. 
(6) EXTANT AUTHORIZATIONS.—At the request of 
the applicant, the court established under section 
103(a) of the Foreign Intelligence Surveillance Act of 
1978 shall extinguish any extant authorization to 
conduct electronic surveillance or physical search en-
tered pursuant to such Act. 
(7) APPLICABLE PROVISIONS.—Any surveillance 
conducted pursuant to an order entered pursuant to 
this subsection shall be subject to the provisions of the
Foreign Intelligence Surveillance Act of 1978, as in 
effect on the day before the date of the enactment of 
the Protect America Act of 2007, except as amended 
by sections 102, 103, 104, 105, 106, 107, 108, 109, 
and 110 of this Act. 
(8) TRANSITION PROCEDURES CONCERNING THE 
TARGETING
OF
UNITED
STATES
PERSONS
OVER-
SEAS.—Any authorization in effect on the date of en-
actment of this Act under section 2.5 of Executive 
Order 12333 to intentionally target a United States 
person reasonably believed to be located outside the 
United States shall remain in effect, and shall con-
stitute a sufficient basis for conducting such an ac-
quisition targeting a United States person located 
outside the United States until the earlier of—
(A) the date that authorization expires; or 
(B) the date that is 90 days after the date 
of the enactment of this Act.
Attest:
Secretary.