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 infor-
mation 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 that the application is not 
required to identify the specific facilities, places, 
premises, or property at which the acquisition 
authorized under this section will be directed or 
conducted; 
‘‘(I) a statement of the facts concerning 
any previous applications that have been made 
to any judge of the Foreign Intelligence Surveil-
lance Court involving the United States person 
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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 ATTOR-
NEY GENERAL.—The Attorney General may require 
any other affidavit or certification from any other 
officer in connection with the application. 
‘‘(3) OTHER REQUIREMENTS OF THE JUDGE.— 
The judge may require the applicant to furnish such 
other information as may be necessary to make the 
findings required by subsection (c)(1). 
‘‘(c) ORDER.— 
‘‘(1) FINDINGS.—Upon an application made 
pursuant to subsection (b), the Foreign Intelligence 
Surveillance Court shall enter an ex parte order as 
requested or as modified by the Court approving the 
acquisition if the Court finds that— 
‘‘(A) the application has been made by a 
Federal officer and approved by the Attorney 
General; 
‘‘(B) on the basis of the facts submitted by 
the applicant, for the United States person who 
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is the target of the acquisition, there is prob-
able 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 301(4), as appropriate; 
and 
‘‘(D) the application that 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 
whether or not probable cause exists for purposes of 
paragraph (1)(B), a judge having jurisdiction under 
subsection (a)(1) may consider past activities of the 
target and facts and circumstances relating to cur-
rent or future activities of the target. No United 
States person may be considered a foreign power, 
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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 estab-
lish probable cause under paragraph (1)(B), the 
judge 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 
pursuant to subsection (f). 
‘‘(C) REVIEW
OF
MINIMIZATION
PROCE-
DURES.—If the judge determines that the pro-
posed minimization procedures referred to in 
paragraph (1)(C) do not meet the definition of 
minimization procedures under section 101(h) 
or 301(4), as appropriate, the judge shall enter 
an order so stating and provide a written state-
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ment for the record of the reasons for the de-
termination. The Government may appeal an 
order under this subparagraph pursuant to sub-
section (f). 
‘‘(D) REVIEW OF CERTIFICATION.—If the 
judge determines that an application pursuant 
to subsection (b) does not contain all of the re-
quired elements, or that the certification or cer-
tifications are 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), the judge shall 
enter an order so stating and provide a written 
statement for the record of the reasons for the 
determination. The Government may appeal an 
order under this subparagraph pursuant to sub-
section (f). 
‘‘(4) SPECIFICATIONS.—An order approving an 
acquisition under this subsection shall specify— 
‘‘(A) the identity, if known, or a descrip-
tion of the United States person who is the tar-
get of the acquisition identified or described in 
the 
application 
pursuant 
to 
subsection 
(b)(1)(B); 
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‘‘(B) if provided in the application pursu-
ant to subsection (b)(1)(H), the nature and lo-
cation 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) a summary of the means by which 
the acquisition will be conducted and whether 
physical entry is required to effect the acquisi-
tion; and 
‘‘(E) the period of time during which the 
acquisition is approved. 
‘‘(5) DIRECTIVES.—An order approving an ac-
quisition under this subsection shall direct— 
‘‘(A) that the minimization procedures re-
ferred to in paragraph (1)(C), as approved or 
modified by the Court, be followed; 
‘‘(B) if applicable, an electronic commu-
nication service provider to provide to the Gov-
ernment forthwith all information, facilities, or 
assistance necessary to accomplish the acquisi-
tion authorized under such order in a manner 
that will protect the secrecy of the acquisition 
and produce a minimum of interference with 
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the services that such electronic communication 
service provider is providing to the target of the 
acquisition; 
‘‘(C) if applicable, an electronic commu-
nication service provider to maintain under se-
curity procedures approved by the Attorney 
General any records concerning the acquisition 
or the aid furnished that such electronic com-
munication service provider wishes to maintain; 
and 
‘‘(D) if applicable, that the Government 
compensate, at the prevailing rate, such elec-
tronic communication service provider for pro-
viding such information, facilities, or assistance. 
‘‘(6) DURATION.—An order approved under this 
subsection shall be effective for a period not to ex-
ceed 90 days and such order may be renewed for ad-
ditional 90-day periods upon submission of renewal 
applications meeting the requirements of subsection 
(b). 
‘‘(7) COMPLIANCE.—At or prior to the end of 
the period of time for which an acquisition is ap-
proved by an order or extension under this section, 
the judge may assess compliance with the minimiza-
tion procedures referred to in paragraph (1)(C) by 
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reviewing the circumstances under which informa-
tion concerning United States persons was acquired, 
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 
information for which an order may be obtained 
under subsection (c) before an order author-
izing such acquisition can with due diligence be 
obtained, and 
‘‘(B) the factual basis for issuance of an 
order under this subsection to approve such ac-
quisition exists, 
the Attorney General may authorize such acquisition 
if a judge having jurisdiction under subsection (a)(1) 
is informed by the Attorney General, or a designee 
of the Attorney General, at the time of such author-
ization that the decision has been made to conduct 
such acquisition and if an application in accordance 
with this section is made to a judge of the Foreign 
Intelligence Surveillance Court as soon as prac-
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ticable, but not more than 7 days after the Attorney 
General authorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the At-
torney General authorizes an acquisition under para-
graph (1), the Attorney General shall require that 
the minimization procedures referred to in sub-
section (c)(1)(C) for the issuance of a judicial order 
be followed. 
‘‘(3) TERMINATION
OF
EMERGENCY
AUTHOR-
IZATION.—In the absence of a judicial order approv-
ing an acquisition under paragraph (1), such acqui-
sition shall terminate when the information sought is 
obtained, when the application for the order is de-
nied, or after the expiration of 7 days from the time 
of authorization by the Attorney General, whichever 
is earliest. 
‘‘(4) USE OF INFORMATION.—If an application 
for approval submitted pursuant to paragraph (1) is 
denied, or in any other case where the acquisition is 
terminated and no order is issued approving the ac-
quisition, no information obtained or evidence de-
rived from such acquisition, except under cir-
cumstances in which the target of the acquisition is 
determined not to be a United States person, shall 
be received in evidence or otherwise disclosed in any 
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trial, hearing, or other proceeding in or before any 
court, grand jury, department, office, agency, regu-
latory body, legislative committee, or other authority 
of the United States, a State, or political subdivision 
thereof, and no information concerning any United 
States person acquired from such acquisition shall 
subsequently be used or disclosed in any other man-
ner 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) RELEASE FROM LIABILITY.—No cause of action 
shall lie in any court against any electronic communication 
service provider for providing any information, facilities, 
or assistance in accordance with an order or request for 
emergency assistance issued pursuant to subsection (c) or 
(d), respectively. 
‘‘(f) APPEAL.— 
‘‘(1) APPEAL TO THE FOREIGN INTELLIGENCE 
SURVEILLANCE
COURT
OF
REVIEW.—The Govern-
ment may file a petition with the Foreign Intel-
ligence Surveillance Court of Review for review of an 
order issued pursuant to subsection (c). The Court 
of Review shall have jurisdiction to consider such pe-
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tition 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 
certiorari for review of a 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 jurisdiction to review such decision. 
‘‘(g) CONSTRUCTION.—Except as provided in this 
section, nothing in this Act shall be construed to require 
an application for a court order for an acquisition that 
is targeted in accordance with this section at a United 
States person reasonably believed to be located outside the 
United States. 
‘‘SEC. 704. OTHER ACQUISITIONS TARGETING UNITED 
STATES 
PERSONS 
OUTSIDE 
THE 
UNITED 
STATES. 
‘‘(a) JURISDICTION AND SCOPE.— 
‘‘(1) JURISDICTION.—The Foreign Intelligence 
Surveillance Court shall have jurisdiction to enter an 
order pursuant to subsection (c). 
‘‘(2) SCOPE.—No element of the intelligence 
community may intentionally target, for the purpose 
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of acquiring foreign intelligence information, a 
United States person reasonably believed to be lo-
cated outside the United States under circumstances 
in which the targeted United States person has a 
reasonable expectation of privacy and a warrant 
would be required if the acquisition were conducted 
inside the United States for law enforcement pur-
poses, unless a judge of the Foreign Intelligence 
Surveillance Court has entered an order with respect 
to such targeted United States person or the Attor-
ney General has authorized an emergency acquisition 
pursuant to subsection (c) or (d), respectively, or 
any other provision of this Act. 
‘‘(3) LIMITATIONS.— 
‘‘(A) MOVING
OR
MISIDENTIFIED
TAR-
GETS.—If a United States person targeted 
under this subsection is reasonably believed to 
be located in the United States during the ef-
fective period of an order issued pursuant to 
subsection (c), an acquisition targeting such 
United States person under this section shall 
cease unless the targeted United States person 
is again reasonably believed to be located out-
side the United States during the effective pe-
riod of such order. 
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‘‘(B) APPLICABILITY.—If an acquisition 
for foreign intelligence purposes is to be con-
ducted inside the United States and could be 
authorized under section 703, the acquisition 
may only be conducted if authorized under sec-
tion 703 or in accordance with another provi-
sion of this Act other than this section. 
‘‘(C) CONSTRUCTION.—Nothing in this 
paragraph shall be construed to limit the au-
thority of the Government to seek an order or 
authorization under, or otherwise engage in any 
activity that is authorized under, any other title 
of this Act. 
‘‘(b) APPLICATION.—Each application for an order 
under this section shall be made by a Federal officer in 
writing upon oath or affirmation to a judge having juris-
diction under subsection (a)(1). Each application shall re-
quire 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 sec-
tion and shall include— 
‘‘(1) the identity of the Federal officer making 
the application; 
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‘‘(2) the identity, if known, or a description of 
the specific United States person who is the target 
of the acquisition; 
‘‘(3) a statement of the facts and circumstances 
relied upon to justify the applicant’s belief that the 
United States person who is the target of the acqui-
sition is— 
‘‘(A) a person reasonably believed to be lo-
cated outside the United States; and 
‘‘(B) a foreign power, an agent of a foreign 
power, or an officer or employee of a foreign 
power; 
‘‘(4) a statement of proposed minimization pro-
cedures that meet the definition of minimization pro-
cedures under section 101(h) or 301(4), as appro-
priate; 
‘‘(5) a certification made by the Attorney Gen-
eral, an official specified in section 104(a)(6), or the 
head of an element of the intelligence community 
that— 
‘‘(A) the certifying official deems the infor-
mation sought to be foreign intelligence infor-
mation; and 
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‘‘(B) a significant purpose of the acquisi-
tion is to obtain foreign intelligence informa-
tion; 
‘‘(6) a statement of the facts concerning any 
previous applications that have been made to any 
judge of the Foreign Intelligence Surveillance Court 
involving the United States person specified in the 
application and the action taken on each previous 
application; and 
‘‘(7) a statement of the period of time for which 
the acquisition is required to be maintained, pro-
vided that such period of time shall not exceed 90 
days per application. 
‘‘(c) ORDER.— 
‘‘(1) FINDINGS.—Upon an application made 
pursuant to subsection (b), the Foreign Intelligence 
Surveillance Court shall enter an ex parte order as 
requested or as modified by the Court if the Court 
finds that— 
‘‘(A) the application has been made by a 
Federal officer and approved by the Attorney 
General; 
‘‘(B) on the basis of the facts submitted by 
the applicant, for the United States person who 
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is the target of the acquisition, there is prob-
able 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 proce-
dures, with respect to their dissemination provi-
sions, meet the definition of minimization pro-
cedures under section 101(h) or 301(4), as ap-
propriate; and 
‘‘(D) the application that has been filed 
contains all statements and certifications re-
quired by subsection (b) and the certification 
provided under subsection (b)(5) is not clearly 
erroneous on the basis of the information fur-
nished under subsection (b). 
‘‘(2) 
PROBABLE
CAUSE.—In 
determining 
whether or not probable cause exists for purposes of 
paragraph (1)(B), a judge having jurisdiction under 
subsection (a)(1) may consider past activities of the 
target and facts and circumstances relating to cur-
rent or future activities of the target. No United 
States person may be considered a foreign power, 
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agent of a foreign power, or officer or employee of 
a foreign power solely upon the basis of activities 
protected by the first amendment to the Constitution 
of the United States. 
‘‘(3) REVIEW.— 
‘‘(A) LIMITATIONS
ON
REVIEW.—Review 
by a judge having jurisdiction under subsection 
(a)(1) shall be limited to that required to make 
the findings described in paragraph (1). The 
judge shall not have jurisdiction to review the 
means by which an acquisition under this sec-
tion may be conducted. 
‘‘(B) REVIEW
OF
PROBABLE
CAUSE.—If 
the judge determines that the facts submitted 
under subsection (b) are insufficient to estab-
lish probable cause to issue an order under this 
subsection, the judge shall enter an order so 
stating and provide a written statement for the 
record of the reasons for such determination. 
The Government may appeal an order under 
this subparagraph 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 
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under this subsection do not meet the definition 
of 
minimization 
procedures 
under 
section 
101(h) or 301(4), as appropriate, the judge 
shall enter an order so stating and provide a 
written statement for the record of the reasons 
for such determination. The Government may 
appeal an order under this subparagraph pursu-
ant to subsection (e). 
‘‘(D) SCOPE
OF
REVIEW
OF
CERTIFI-
CATION.—If the judge determines that an appli-
cation under subsection (b) does not contain all 
the required elements, or that the certification 
provided under subsection (b)(5) is clearly erro-
neous on the basis of the information furnished 
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 de-
termination. The Government may appeal an 
order under this subparagraph pursuant to sub-
section (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). 
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‘‘(5) COMPLIANCE.—At or prior to the end of 
the period of time for which an order or extension 
is granted under this section, the judge may assess 
compliance with the minimization procedures re-
ferred to in paragraph (1)(C) by reviewing the cir-
cumstances under which information concerning 
United States persons was disseminated, provided 
that the judge may not inquire into the cir-
cumstances relating to the conduct of the acquisi-
tion. 
‘‘(d) EMERGENCY AUTHORIZATION.— 
‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA-
TION.—Notwithstanding any other provision of this 
section, if the Attorney General reasonably deter-
mines that— 
‘‘(A) an emergency situation exists with re-
spect to the acquisition of foreign intelligence 
information for which an order may be obtained 
under subsection (c) before an order under that 
subsection can, with due diligence, be obtained, 
and 
‘‘(B) the factual basis for the issuance of 
an order under this section exists, 
the Attorney General may authorize the emergency 
acquisition if a judge having jurisdiction under sub-
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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 conduct such acquisition and if an application in 
accordance with this section is made to a judge of 
the Foreign Intelligence Surveillance Court as soon 
as practicable, but not more than 7 days after the 
Attorney General authorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the At-
torney General authorizes an emergency acquisition 
under paragraph (1), the Attorney General shall re-
quire that the minimization procedures referred to in 
subsection (c)(1)(C) be followed. 
‘‘(3) TERMINATION
OF
EMERGENCY
AUTHOR-
IZATION.—In the absence of an order under sub-
section (c), an emergency acquisition under para-
graph (1) shall terminate when the information 
sought is obtained, if the application for the order 
is denied, or after the expiration of 7 days from the 
time of authorization by the Attorney General, 
whichever is earliest. 
‘‘(4) USE OF INFORMATION.—If an application 
submitted to the Court pursuant to paragraph (1) is 
denied, or in any other case where the acquisition is 
terminated and no order with respect to the target 
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of the acquisition is issued under subsection (c), no 
information obtained or evidence derived from such 
acquisition, except under circumstances in which the 
target of the acquisition is determined not to be a 
United States person, shall be received in evidence 
or otherwise disclosed in any trial, hearing, or other 
proceeding in or before any court, grand jury, de-
partment, office, agency, regulatory body, legislative 
committee, or other authority of the United States, 
a State, or political subdivision thereof, and no in-
formation concerning any United States person ac-
quired from such acquisition shall subsequently be 
used or disclosed in any other manner by Federal of-
ficers or employees without the consent of such per-
son, except with the approval of the Attorney Gen-
eral if the information indicates a threat of death or 
serious bodily harm to any person. 
‘‘(e) APPEAL.— 
‘‘(1) APPEAL TO THE COURT OF REVIEW.—The 
Government may file a petition 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 petition and shall provide a written statement 
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for the record of the reasons for a decision under 
this paragraph. 
‘‘(2) CERTIORARI TO THE SUPREME COURT.— 
The Government may file a petition for a writ of 
certiorari for review of a decision of the Court of 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 jurisdiction to review such decision.’’ 
‘‘SEC. 705. JOINT APPLICATIONS AND CONCURRENT AU-
THORIZATIONS. 
‘‘(a) JOINT APPLICATIONS AND ORDERS.—If an ac-
quisition targeting a United States person under section 
703 or 704 is proposed to be conducted both inside and 
outside the United States, a judge having jurisdiction 
under section 703(a)(1) or 704(a)(1) may issue simulta-
neously, upon the request of the Government in a joint 
application complying with the requirements of sections 
703(b) and 704(b), orders under sections 703(c) and 
704(c), as appropriate. 
‘‘(b) CONCURRENT AUTHORIZATION.—If an order 
authorizing electronic surveillance or physical search has 
been obtained under section 105 or 304, the Attorney 
General may authorize, for the effective period of that 
order, without an order under section 703 or 704, the tar-
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geting of that United States person for the purpose of ac-
quiring foreign intelligence information while such person 
is reasonably believed to be located outside the United 
States. 
‘‘SEC. 706. USE OF INFORMATION ACQUIRED UNDER TITLE 
VII. 
‘‘(a) INFORMATION
ACQUIRED
UNDER
SECTION 
702.—Information acquired from an acquisition con-
ducted under section 702 shall be deemed to be informa-
tion 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 
703.—Information acquired from an acquisition con-
ducted under section 703 shall be deemed to be informa-
tion acquired from an electronic surveillance pursuant to 
title I for purposes of section 106. 
‘‘SEC. 707. CONGRESSIONAL OVERSIGHT. 
‘‘(a) SEMIANNUAL REPORT.—Not less frequently 
than once every 6 months, the Attorney General shall fully 
inform, in a manner consistent with national security, the 
congressional intelligence committees and the Committees 
on the Judiciary of the Senate and the House of Rep-
resentatives, consistent with the Rules of the House of 
Representatives, the Standing Rules of the Senate, and 
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Senate Resolution 400 of the 94th Congress or any suc-
cessor Senate resolution, concerning the implementation 
of this title. 
‘‘(b) CONTENT.—Each report under subsection (a) 
shall include— 
‘‘(1) with respect to section 702— 
‘‘(A) any certifications submitted in ac-
cordance with section 702(g) during the report-
ing period; 
‘‘(B) with respect to each determination 
under section 702(c)(2), the reasons for exer-
cising the authority under such section; 
‘‘(C) any directives issued under section 
702(h) during the reporting period; 
‘‘(D) a description of the judicial review 
during the reporting period of such certifi-
cations and targeting and minimization proce-
dures adopted in accordance with subsections 
(d) and (e) of section 702 and utilized with re-
spect to an acquisition under such section, in-
cluding a copy of an order or pleading in con-
nection with such review that contains a signifi-
cant legal interpretation of the provisions of 
section 702; 
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‘‘(A) the total number of applications made 
for orders under section 703(b); 
‘‘(B) the total number of such orders— 
‘‘(i) granted; 
‘‘(ii) modified; and 
‘‘(iii) denied; and 
‘‘(C) the total number of emergency acqui-
sitions authorized by the Attorney General 
under section 703(d) and the total number of 
subsequent orders approving or denying such 
acquisitions; and 
‘‘(3) with respect to section 704— 
‘‘(A) the total number of applications made 
for orders under section 704(b); 
‘‘(B) the total number of such orders— 
‘‘(i) granted; 
‘‘(ii) modified; and 
‘‘(iii) denied; and 
‘‘(C) the total number of emergency acqui-
sitions authorized by the Attorney General 
under section 704(d) and the total number of 
subsequent orders approving or denying such 
applications. 
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‘‘SEC. 708. SAVINGS PROVISION. 
‘‘Nothing in this title shall be construed to limit the 
authority of the Government to seek an order or author-
ization under, or otherwise engage in any activity that is 
authorized under, any other title of this Act.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
the first section of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended— 
(1) by striking the item relating to title VII; 
(2) by striking the item relating to section 701; 
and 
(3) by adding at the end the following: 
‘‘TITLE VII—ADDITIONAL PROCEDURES REGARDING CERTAIN 
PERSONS OUTSIDE THE UNITED STATES 
‘‘Sec. 701. Definitions. 
‘‘Sec. 702. Procedures for targeting certain persons outside the United States 
other than United States persons. 
‘‘Sec. 703. Certain acquisitions inside the United States targeting United 
States persons outside the United States. 
‘‘Sec. 704. Other acquisitions targeting United States persons outside the 
United States. 
‘‘Sec. 705. Joint applications and concurrent authorizations. 
‘‘Sec. 706. Use of information acquired under title VII. 
‘‘Sec. 707. Congressional oversight. 
‘‘Sec. 708. Savings provision.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 18, UNITED STATES CODE.—Section 
2511(2)(a)(ii)(A) of title 18, United States Code, is 
amended by inserting ‘‘or a court order pursuant to 
section 704 of the Foreign Intelligence Surveillance 
Act of 1978’’ after ‘‘assistance’’. 
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(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
ACT OF 1978.—Section 601(a)(1) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1871(a)(1)) is amended— 
(A) in subparagraph (C), by striking 
‘‘and’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(E) acquisitions under section 703; and 
‘‘(F) acquisitions under section 704;’’. 
SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH 
ELECTRONIC SURVEILLANCE AND INTERCEP-
TION OF CERTAIN COMMUNICATIONS MAY BE 
CONDUCTED. 
(a) STATEMENT OF EXCLUSIVE MEANS.—Title I of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended by adding at the end 
the following new section: 
‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH ELEC-
TRONIC SURVEILLANCE AND INTERCEPTION OF CER-
TAIN COMMUNICATIONS MAY BE CONDUCTED 
‘‘SEC. 112. (a) Except as provided in subsection (b), 
the procedures of chapters 119, 121, and 206 of title 18, 
United States Code, and this Act shall be the exclusive 
means by which electronic surveillance and the intercep-
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tion of domestic wire, oral, or electronic communications 
may be conducted. 
‘‘(b) Only an express statutory authorization for elec-
tronic surveillance or the interception of domestic wire, 
oral, or electronic communications, other than as an 
amendment to this Act or chapters 119, 121, or 206 of 
title 18, United States Code, shall constitute an additional 
exclusive means for the purpose of subsection (a).’’. 
(b) OFFENSE.—Section 109(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is 
amended by striking ‘‘authorized by statute’’ each place 
it appears and inserting ‘‘authorized by this Act, chapter 
119, 121, or 206 of title 18, United States Code, or any 
express statutory authorization that is an additional exclu-
sive means for conducting electronic surveillance under 
section 112.’’; and 
(c) CONFORMING AMENDMENTS.— 
(1) TITLE 18, UNITED STATES CODE.—Section 
2511(2)(a) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(iii) If a certification under subpara-
graph (ii)(B) for assistance to obtain for-
eign intelligence information is based on 
statutory authority, the certification shall 
identify the specific statutory provision and 
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shall certify that the statutory require-
ments have been met.’’; and 
(2) TABLE OF CONTENTS.—The table of con-
tents in the first section of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended by inserting after the item relating to 
section 111, the following new item: 
‘‘Sec. 112. Statement of exclusive means by which electronic surveillance and 
interception of certain communications may be conducted.’’. 
SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT 
ORDERS 
UNDER 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
(a) INCLUSION OF CERTAIN ORDERS IN SEMIANNUAL 
REPORTS OF ATTORNEY GENERAL.—Subsection (a)(5) of 
section 601 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1871) is amended by striking ‘‘(not 
including orders)’’ and inserting ‘‘, orders,’’. 
(b) REPORTS BY ATTORNEY GENERAL ON CERTAIN 
OTHER ORDERS.—Such section 601 is further amended 
by adding at the end the following: 
‘‘(c) SUBMISSIONS
TO CONGRESS.—The Attorney 
General shall submit to the committees of Congress re-
ferred to in subsection (a)— 
‘‘(1) a copy of any decision, order, or opinion 
issued by the Foreign Intelligence Surveillance Court 
or the Foreign Intelligence Surveillance Court of Re-
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view that includes significant construction or inter-
pretation of any provision of this Act, and any 
pleadings, applications, or memoranda of law associ-
ated with such decision, order, or opinion, not later 
than 45 days after such decision, order, or opinion 
is issued; and 
‘‘(2) a copy of each such decision, order, or 
opinion, and any pleadings, applications, or memo-
randa of law associated with such decision, order, or 
opinion, that was issued during the 5-year period 
ending on the date of the enactment of the FISA 
Amendments Act of 2008 and not previously sub-
mitted in a report under subsection (a). 
‘‘(d) PROTECTION
OF NATIONAL SECURITY.—The 
Attorney General, in consultation with the Director of Na-
tional Intelligence, may authorize redactions of materials 
described in subsection (c) that are provided to the com-
mittees of Congress referred to in subsection (a), if such 
redactions are necessary to protect the national security 
of the United States and are limited to sensitive sources 
and methods information or the identities of targets.’’. 
(c) DEFINITIONS.—Such section 601, as amended by 
subsections (a) and (b), is further amended by adding at 
the end the following: 
‘‘(e) DEFINITIONS.—In this section: 
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‘‘(1) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—The term ‘Foreign Intelligence Surveillance 
Court’ means the court established under section 
103(a). 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT OF REVIEW.—The term ‘Foreign Intelligence 
Surveillance Court of Review’ means the court estab-
lished under section 103(b).’’. 
SEC. 104. APPLICATIONS FOR COURT ORDERS. 
Section 104 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1804) is amended— 
(1) in subsection (a)— 
(A) by striking paragraphs (2) and (11); 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (10) as paragraphs (2) through (9), 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 
matter preceding subparagraph (A)— 
(i) by striking ‘‘Affairs or’’ and insert-
ing ‘‘Affairs,’’; and 
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(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 of-
ficial—’’; 
(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’’. 
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SEC. 105. ISSUANCE OF AN ORDER. 
(a) IN GENERAL.—Section 105 of the Foreign Intel-
ligence 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— 
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‘‘(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) reasonably determines that the factual 
basis for the issuance of an order under this title to 
approve such electronic surveillance exists; 
‘‘(C) informs, either personally or through a 
designee, a judge having jurisdiction under section 
103 at the time of such authorization that the deci-
sion has been made to employ emergency electronic 
surveillance; and 
‘‘(D) makes an application in accordance with 
this title to a judge having jurisdiction under section 
103 as soon as practicable, but not later than 7 days 
after the Attorney General authorizes such surveil-
lance. 
‘‘(2) If the Attorney General authorizes the emer-
gency employment of electronic surveillance under para-
graph (1), the Attorney General shall require that the 
minimization procedures required by this title for the 
issuance of a judicial order be followed. 
‘‘(3) In the absence of a judicial order approving such 
electronic surveillance, the surveillance shall terminate 
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when the information sought is obtained, when the appli-
cation 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) 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 oth-
erwise 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 sub-
division thereof, and no information concerning any 
United States person acquired from such surveillance shall 
subsequently be used or disclosed in any other manner by 
Federal officers or employees without the consent of such 
person, except with the approval of the Attorney General 
if the information indicates a threat of death or serious 
bodily harm to any person. 
‘‘(6) The Attorney General shall assess compliance 
with the requirements of paragraph (5).’’; and 
(7) by adding at the end the following: 
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‘‘(i) In any case in which the Government makes an 
application to a judge under this title to conduct electronic 
surveillance involving communications and the judge 
grants such application, upon the request of the applicant, 
the judge shall also authorize the installation and use of 
pen registers and trap and trace devices, and direct the 
disclosure of the information set forth in section 
402(d)(2).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
108(a)(2)(C) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1808(a)(2)(C)) is amended by striking 
‘‘105(f)’’ and inserting ‘‘105(e)’’; 
SEC. 106. USE OF INFORMATION. 
Subsection (i) of section 106 of the Foreign Intel-
ligence Surveillance Act of 1978 (8 U.S.C. 1806) is 
amended by striking ‘‘radio communication’’ and inserting 
‘‘communication’’. 
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES. 
(a) APPLICATIONS.—Section 303 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1823) is 
amended— 
(1) in subsection (a)— 
(A) by striking paragraph (2); 
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(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 in-
serting ‘‘or is about to be’’ before ‘‘owned’’; and 
(E) in paragraph (6), as redesignated by 
subparagraph (B) of this paragraph, in the 
matter preceding subparagraph (A)— 
(i) by striking ‘‘Affairs or’’ and 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 of-
ficial—’’; 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’’. 
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(b) ORDERS.—Section 304 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1824) is 
amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; and 
(C) in paragraph (2)(B), as redesignated 
by subparagraph (B) of this paragraph, by in-
serting ‘‘or is about to be’’ before ‘‘owned’’; 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— 
‘‘(A) reasonably determines that an emergency 
situation exists with respect to the employment of a 
physical search to obtain foreign intelligence infor-
mation before an order authorizing such physical 
search can with due diligence be obtained; 
‘‘(B) reasonably determines that the factual 
basis for issuance of an order under this title to ap-
prove such physical search exists; 
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‘‘(C) informs, either personally or through a 
designee, a judge of the Foreign Intelligence Surveil-
lance Court at the time of such authorization that 
the decision has been made to employ an emergency 
physical search; and 
‘‘(D) makes an application in accordance with 
this title to a judge of the Foreign Intelligence 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 emer-
gency employment of a physical search under paragraph 
(1), the Attorney General shall require that the minimiza-
tion procedures required by this title for the issuance of 
a judicial order be followed. 
‘‘(3) In the absence of a judicial order approving such 
physical search, the physical search shall terminate when 
the information sought is obtained, when the application 
for the order is denied, or after the expiration of 7 days 
from the time of authorization by the Attorney General, 
whichever is earliest. 
‘‘(4) A denial of the application made under this 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 physical search 
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(4) WEAPON
OF
MASS
DESTRUCTION.—Such 
section 101 is amended by adding at the end the fol-
lowing new subsection: 
‘‘(p) ‘Weapon of mass destruction’ means— 
‘‘(1) any explosive, incendiary, or poison gas de-
vice that is designed, intended, or has the capability 
to cause a mass casualty incident; 
‘‘(2) any weapon that is designed, intended, or 
has the capability to cause death or serious bodily 
injury to a significant number of persons through 
the release, dissemination, or impact of toxic or poi-
sonous chemicals or their precursors; 
‘‘(3) any weapon involving a biological agent, 
toxin, or vector (as such terms are defined in section 
178 of title 18, United States Code) that is de-
signed, intended, or has the capability to cause 
death, illness, or serious bodily injury to a signifi-
cant number of persons; or 
‘‘(4) any weapon that is designed, intended, or 
has the capability to release radiation or radioac-
tivity causing death, illness, or serious bodily injury 
to a significant number of persons.’’. 
(b) USE OF INFORMATION.— 
(1) IN GENERAL.—Section 106(k)(1)(B) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
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U.S.C. 1806(k)(1)(B)) is amended by striking ‘‘sab-
otage or international terrorism’’ and inserting ‘‘sab-
otage, international terrorism, or the international 
proliferation of weapons of mass destruction’’. 
(2) 
PHYSICAL
SEARCHES.—Section 
305(k)(1)(B) of such Act (50 U.S.C. 1825(k)(1)(B)) 
is amended by striking ‘‘sabotage or international 
terrorism’’ and inserting ‘‘sabotage, international 
terrorism, or the international proliferation of weap-
ons of mass destruction’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Foreign Intelligence Surveillance Act of 1978 is fur-
ther amended— 
(1) in paragraph (2) of section 105(d) (50 
U.S.C. 
1805(d)), 
as 
redesignated 
by 
section 
105(a)(5) of this Act, by striking ‘‘section 101(a) 
(5) or (6)’’ and inserting ‘‘paragraph (5), (6), or (7) 
of section 101(a)’’; 
(2) in section 301(1) (50 U.S.C. 1821(1)), by 
inserting ‘‘weapon of mass destruction,’’ after ‘‘per-
son,’’; and 
(3) 
in 
section 
304(d)(2) 
(50 
U.S.C. 
1824(d)(2)), by striking ‘‘section 101(a) (5) or (6)’’ 
and inserting ‘‘paragraph (5), (6), or (7) of section 
101(a)’’. 
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