(A) in paragraph (1), by striking ‘‘Not 
later than’’ and all that follows and inserting 
‘‘At or before the end of the period of time for 
the production of tangible things under an 
order approved under this section or at any 
time after the production of tangible things 
under an order approved under this section, a 
judge may assess compliance with the mini-
mization procedures by reviewing the cir-
cumstances under which information concerning 
United States persons was acquired, retained, 
or disseminated.’’; and 
(B) in paragraph (2)(A), by inserting ‘‘ac-
quisition and’’ after ‘‘to minimize the’’. 
(5) USE OF INFORMATION.—Section 501(h) of 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861(h)) is amended to read as follows: 
‘‘(h) USE OF INFORMATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CONSENT.—Any tangible things or 
information acquired from an order under this 
section concerning any United States person 
may be used and disclosed by Federal officers 
and employees without the consent of the 
United States person only in accordance with 
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the minimization procedures required under this 
section. 
‘‘(B) USE AND DISCLOSURE.—No tangible 
things or information acquired under an order 
under this section may be used or disclosed by 
Federal officers or employees except for lawful 
purposes. 
‘‘(2) DISCLOSURE
FOR
LAW
ENFORCEMENT 
PURPOSES.—No tangible things or information ac-
quired from an order under this section shall be dis-
closed for law enforcement purposes unless the dis-
closure is accompanied by a statement that the tan-
gible things or information, or any information de-
rived therefrom, may only be used in a criminal pro-
ceeding with the advance authorization of the Attor-
ney General. 
‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE 
BY
THE
UNITED
STATES.—Whenever the United 
States intends to enter into evidence or otherwise 
use or disclose in any trial, hearing, or other pro-
ceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the 
United States against an aggrieved person any tan-
gible things or information obtained or derived from 
an order under this section, the United States shall, 
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before the trial, hearing, or other proceeding or at 
a reasonable time before an effort to so disclose or 
so use the tangible things or information or submit 
them in evidence, notify the aggrieved person and 
the court or other authority in which the tangible 
things or information are to be disclosed or used 
that the United States intends to so disclose or so 
use the tangible things or information. 
‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE 
BY STATE OR POLITICAL SUBDIVISION.—Whenever 
any State or political subdivision thereof intends to 
enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regulatory 
body, or other authority of the State or political sub-
division thereof against an aggrieved person any tan-
gible things or information obtained or derived from 
an order issued under this section, the State or po-
litical subdivision thereof shall notify the aggrieved 
person, the court or other authority in which the 
tangible things or information are to be disclosed or 
used, and the Attorney General that the State or po-
litical subdivision thereof intends to so disclose or so 
use the tangible things or information. 
‘‘(5) MOTION TO SUPPRESS.— 
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‘‘(A) IN GENERAL.—Any aggrieved person 
against whom evidence obtained or derived from 
an order issued under this section is to be, or 
has been, introduced or otherwise used or dis-
closed in any trial, hearing, or other proceeding 
in or before any court, department, officer, 
agency, regulatory body, or other authority of 
the United States, or a State or political sub-
division thereof, may move to suppress the evi-
dence obtained or derived from the order, as the 
case may be, on the grounds that— 
‘‘(i) the tangible things or information 
were acquired in violation of the Constitu-
tion or laws of the United States; or 
‘‘(ii) the order was not issued in ac-
cordance with the requirements of this sec-
tion. 
‘‘(B) TIMING.—A motion under subpara-
graph (A) shall be made before the trial, hear-
ing, or other proceeding unless there was no op-
portunity to make such a motion or the ag-
grieved person concerned was not aware of the 
grounds of the motion. 
‘‘(6) JUDICIAL REVIEW.— 
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‘‘(A) IN GENERAL.—In a circumstance de-
scribed in subparagraph (B), a United States 
district court or, where the motion is made be-
fore another authority, the United States dis-
trict court in the same district as the authority 
shall, if the Attorney General files an affidavit 
under oath that disclosure would harm the na-
tional security of the United States, review in 
camera the application, order, and such other 
related materials relating to the order issued 
under this section as may be necessary to deter-
mine whether the order was lawfully authorized 
and served. 
‘‘(B) CIRCUMSTANCES.—A circumstance 
described in this subparagraph is a cir-
cumstance in which— 
‘‘(i) a court or other authority is noti-
fied under paragraph (3) or (4); 
‘‘(ii) a motion is made under para-
graph (5); or 
‘‘(iii) any motion or request is made 
by an aggrieved person under any other 
statute or rule of the United States or any 
State before any court or other authority 
of the United States or any State to— 
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‘‘(I) discover or obtain applica-
tions, orders, or other materials relat-
ing to an order issued under this sec-
tion; or 
‘‘(II) discover, obtain, or sup-
press evidence or information obtained 
or derived from an order issued under 
this section. 
‘‘(C) DISCLOSURE.—In making a deter-
mination under subparagraph (A), unless the 
United States district court finds that disclo-
sure would not assist in determining any legal 
or factual issue pertinent to the case, the court 
may disclose to the aggrieved person, the coun-
sel for the aggrieved person, or both, under the 
procedures and standards provided in the Clas-
sified Information Procedures Act (18 U.S.C. 
App.) or other appropriate security procedures 
and protective orders, portions of the applica-
tion, order, or other related materials, or evi-
dence or information obtained or derived from 
the order. 
‘‘(7) EFFECT OF DETERMINATION OF LAWFUL-
NESS.— 
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‘‘(A) UNLAWFUL
ORDERS.—If a United 
States district court determines under para-
graph (6) that an order was not authorized or 
served in compliance with the Constitution or 
laws of the United States, the court may sup-
press the evidence which was unlawfully ob-
tained or derived from the order or otherwise 
grant the motion of the aggrieved person. 
‘‘(B) LAWFUL ORDERS.—If the court de-
termines that an order issued under this section 
was lawfully authorized and served, it shall 
deny the motion of the aggrieved person except 
to the extent that due process requires dis-
covery or disclosure. 
‘‘(8) BINDING FINAL ORDERS.—An order grant-
ing a motion or request under paragraph (6), a deci-
sion under this section that an order issued under 
this section was not lawful, and an order of a United 
States district court requiring review or granting 
disclosure of an application, order, or other mate-
rials relating to an order issued under this section 
shall be a final order and binding upon all courts of 
the United States and the several States, except an 
appeal or petition to a United States court of ap-
peals or the Supreme Court of the United States.’’. 
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(6) DEFINITION.— 
(A) IN GENERAL.—Title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 503. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) IN GENERAL.—Except as provided in this 
section, terms used in this title that are also used 
in title I shall have the meanings given those terms 
by section 101. 
‘‘(2) AGGRIEVED
PERSON.—The term ‘ag-
grieved person’ means any person whose tangible 
things or information were acquired under an order 
issued under this title.’’. 
(B) TECHNICAL AND CONFORMING AMEND-
MENT.—The table of contents in the first sec-
tion of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1861 et seq.) is amended 
by inserting after the item relating to section 
502 the following: 
‘‘Sec. 503. Definitions.’’. 
(b) JUDICIAL REVIEW OF SECTION 215 ORDERS.— 
Section 501(f) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1861) is amended to read as follows: 
‘‘(f) JUDICIAL REVIEW.— 
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‘‘(1) ORDER FOR PRODUCTION.—Not later than 
the earlier of 21 days after the date of service upon 
any person of an order issued under subsection (c) 
and the return date specified in the order, the per-
son may file, in the court established under section 
103(a) or in the United States district court for the 
judicial district within which the person resides, is 
found, or transacts business, a petition for the court 
to modify or set aside the order. The period for com-
pliance with an order issued under subsection (c), or 
any portion of the order, shall be tolled while a peti-
tion under this paragraph is pending in the court. 
A petition under this paragraph shall specify each 
ground upon which the petitioner relies in seeking 
relief, and may be based upon any failure of the 
order issued under subsection (c) to comply with this 
section or upon any constitutional or other legal 
right or privilege of the person. 
‘‘(2) NONDISCLOSURE ORDER.— 
‘‘(A) IN
GENERAL.—A person prohibited 
from disclosing information under subsection 
(d) may file, in the court established under sec-
tion 103(a) or in the United States district 
court for the judicial district within which the 
person resides, is found, or transacts business, 
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a petition for the court to set aside the non-
disclosure requirement. A petition under this 
subparagraph shall specify each ground upon 
which the petitioner relies in seeking relief, and 
may be based upon any failure of the nondisclo-
sure requirement to comply with this section or 
upon any constitutional or other legal right or 
privilege of the person. 
‘‘(B) STANDARD.—The court shall modify 
or set aside a nondisclosure requirement unless 
the court determines that— 
‘‘(i) there is reason to believe that dis-
closure of the information subject to the 
nondisclosure requirement during the ap-
plicable time period will result in— 
‘‘(I) endangering the life or phys-
ical safety of any person; 
‘‘(II) flight from prosecution; 
‘‘(III) destruction of or tam-
pering with evidence; 
‘‘(IV) intimidation of potential 
witnesses; 
‘‘(V) interference with diplomatic 
relations; or 
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‘‘(VI) otherwise seriously endan-
gering the national security of the 
United States by alerting a target, an 
associate of a target, or the foreign 
power of which the target is an agent, 
of the interest of the Government in 
the target; 
‘‘(ii) the harm identified under clause 
(i) relates to the authorized investigation 
to which the tangible things sought are rel-
evant; and 
‘‘(iii) the nondisclosure requirement is 
narrowly tailored to address the specific 
harm identified under clause (i). 
‘‘(3) RULEMAKING.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of the JUS-
TICE Act, the court established under section 
103(a) shall comply with section 103(g) by es-
tablishing any rules and procedures and taking 
any actions as are reasonably necessary to ad-
minister the responsibilities of the court under 
this subsection. 
‘‘(B) REPORTING.—Not later than 30 days 
after the date on which the court promulgates 
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rules and procedures under subparagraph (A), 
the court established under section 103(a) shall 
transmit a copy of the rules and procedures, in 
an unclassified for to the greatest extent pos-
sible (with a classified annex, if necessary), to 
the persons and entities listed in section 
103(g)(2). 
‘‘(4) DISCLOSURES TO PETITIONERS.—In mak-
ing determinations under this subsection, unless the 
court finds that disclosure would not assist in deter-
mining any legal or factual issue pertinent to the 
case, the court may disclose to the petitioner, the 
counsel for the petitioner, or both, under the proce-
dures and standards provided in the Classified Infor-
mation Procedures Act (18 U.S.C. App.) or other 
appropriate security procedures and protective or-
ders, portions of the application, order, or other re-
lated materials.’’. 
(c) SUNSET REPEAL.—Section 102(b) of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 
(Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 
1861 note, and 50 U.S.C. 1862 note) is repealed. 
SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TITLE 18.—Section 1510(e) of title 18, United 
States Code, is amended by striking ‘‘Whoever,’’ and all 
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that follows through ‘‘knowingly’’ and inserting ‘‘Whoever, 
having been notified of the applicable disclosure prohibi-
tions or confidentiality requirements of section 2709 of 
this title, section 626 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u), section 1114 of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414), or section 802 of 
the National Security Act of 1947 (50 U.S.C. 436), know-
ingly’’. 
(b) OTHER LAW.—Section 507(b) of the National Se-
curity Act of 1947 (50 U.S.C. 415b(b)) is amended— 
(1) by striking paragraphs (4) and (5); and 
(2) by redesignating paragraph (6) as para-
graph (4). 
TITLE 
II—REASONABLE 
SAFE-
GUARDS TO PROTECT THE 
PRIVACY 
OF 
AMERICANS’ 
HOMES 
SEC. 201. LIMITATION ON AUTHORITY TO DELAY NOTICE 
OF SEARCH WARRANTS. 
Section 3103a of title 18, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘may 
have an adverse result (as defined in section 
2705, except if the adverse results consist only 
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of unduly delaying a trial)’’ and inserting ‘‘will 
endanger the life or physical safety of an indi-
vidual, result in flight from prosecution, result 
in the destruction of or tampering with the evi-
dence sought under the warrant, or result in in-
timidation of potential witnesses’’; and 
(B) in paragraph (3), by striking ‘‘30 
days’’ and all that follows and inserting ‘‘7 days 
after the date of its execution.’’; 
(2) in subsection (c), by striking ‘‘for good 
cause shown’’ and all that follows and inserting 
‘‘upon application of the Attorney General, the Dep-
uty Attorney General, or an Associate Attorney Gen-
eral, for additional periods of not more than 21 days 
for each application, if the court finds, for each ap-
plication, reasonable cause to believe that notice of 
the execution of the warrant will endanger the life 
or physical safety of an individual, result in flight 
from prosecution, result in the destruction of or 
tampering with the evidence sought under the war-
rant, or result in intimidation of potential wit-
nesses.’’; 
(3) by redesignating subsection (d) as sub-
section (e); and 
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(4) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) PROHIBITION ON USE AS EVIDENCE.—If any 
property or material has been seized under subsection (b) 
and notice has been delayed, the property or material and 
any evidence derived therefrom may not be received in evi-
dence in any trial, hearing, or other proceeding in or be-
fore any court, grand jury, department, officer, agency, 
regulatory body, legislative committee, or other authority 
of the United States, a State, or a political subdivision 
thereof if the property or material was obtained in viola-
tion of this section, or if notice required by this section 
or by a warrant issued under this section was not provided 
or was not timely provided.’’. 
TITLE III—REASONABLE SAFE-
GUARDS TO PROTECT THE 
PRIVACY 
OF 
AMERICANS’ 
COMMUNICATIONS 
SEC. 301. LIMITATIONS ON ROVING WIRETAPS UNDER FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT. 
Section 105(c) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1805(c)) is amended— 
(1) in paragraph (1), by striking subparagraphs 
(A) and (B) and inserting the following: 
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‘‘(A)(i) the identity of the target of the elec-
tronic surveillance, if known; or 
‘‘(ii) if the identity of the target is not known, 
a description of the specific target and the nature 
and location of the facilities and places at which the 
electronic surveillance will be directed; 
‘‘(B)(i) the nature and location of each of the 
facilities or places at which the electronic surveil-
lance will be directed, if known; or 
‘‘(ii) if any of the facilities or places are not 
known, the identity of the target;’’; and 
(2) in paragraph (2)— 
(A) by redesignating subparagraphs (B) 
through (D) as subparagraphs (C) through (E), 
respectively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) in cases where the facility or place at 
which the electronic surveillance will be directed 
is not known at the time the order is issued, 
that the electronic surveillance be conducted 
only for such time as it is reasonable to pre-
sume that the target of the surveillance is or 
was reasonably proximate to the particular fa-
cility or place;’’. 
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SEC. 302. PRIVACY PROTECTIONS FOR PEN REGISTERS 
AND TRAP AND TRACE DEVICES. 
(a) CRIMINAL AUTHORITY.— 
(1) APPLICATION
FOR
AN
ORDER.—Section 
3122(b) of title 18, United States Code, is amended 
by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) a statement by the applicant that the in-
formation likely to be obtained is— 
‘‘(A) relevant to an ongoing criminal inves-
tigation being conducted by that agency; and 
‘‘(B) there are specific and articulable 
facts providing reason to believe that the infor-
mation— 
‘‘(i) pertains to an individual who is 
the subject of an ongoing criminal inves-
tigation; 
‘‘(ii) pertains to an individual who has 
been in contact with, or otherwise directly 
linked to, an individual who is the subject 
of an ongoing criminal investigation; or 
‘‘(iii) pertain to the activities of an in-
dividual who is the subject of an ongoing 
criminal investigation, where those activi-
ties are the subject of an ongoing criminal 
investigation, and obtaining the records is 
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the least intrusive means that could be 
used to identify persons believed to be in-
volved in the activities.’’. 
(2) ISSUANCE OF AN ORDER.—Section 3123(a) 
of title 18, United States Code, is amended— 
(A) in paragraph (1), by striking ‘‘the at-
torney for the Government has certified to the 
court that the information likely to be obtained 
by such installation and use is relevant to an 
ongoing criminal investigation.’’ and inserting 
‘‘the application meets the requirements of sec-
tion 3122.’’; and 
(B) in paragraph (2), by striking ‘‘the 
State law enforcement or investigative officer’’ 
and all that follows and inserting ‘‘the applica-
tion meets the requirements of section 3122.’’. 
(3) REPORTING.—Section 3126 of title 18, 
United States Code, is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘law enforcement agencies of the 
Department of Justice’’ and inserting ‘‘attor-
neys for the Government’’; 
(B) in paragraph (4), by striking ‘‘and’’ at 
the end; 
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(C) in paragraph (5), by striking the pe-
riod and inserting a semicolon; and 
(D) in the matter preceding paragraph (1), 
by striking ‘‘The Attorney General’’ and insert-
ing the following: 
‘‘(a) REPORT TO CONGRESS.—The Attorney Gen-
eral’’; and 
(E) by adding at the end the following: 
‘‘(6) whether the application for the order and 
the applications for any extensions were granted as 
applied for, modified, or denied; 
‘‘(7) the specific types of dialing, routing, ad-
dressing, or signaling information sought in the ap-
plication and obtained with the order; and 
‘‘(8) a summary of any litigation to which the 
Government is or was a party regarding the inter-
pretation of this chapter. 
‘‘(b) PUBLIC REPORT.—The Attorney General shall 
annually make public a full and complete report con-
cerning the number of applications for pen register orders 
and orders for trap and trace devices applied for under 
this chapter and the number of the orders and extensions 
of the orders granted or denied under this chapter during 
the preceding calendar year. Each report under this sub-
section shall include a summary and analysis of the data 
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required to be reported to Congress under subsection 
(a).’’. 
(4) NOTICE.—Section 3123 of title 18, United 
States Code, is amended by adding at the end the 
following: 
‘‘(e) NOTICE.— 
‘‘(1) INVENTORY.—A court that receives an ap-
plication for an order or extension under section 
3122(a) shall cause to be served on the persons 
named in the application, and any other party to 
communications the court determines should receive 
notice in the interest of justice, an inventory, includ-
ing— 
‘‘(A) the fact of the application for an 
order or extension under section 3122(a) and 
whether the court granted or denied the appli-
cation; and 
‘‘(B) if the order or extension was grant-
ed— 
‘‘(i) the date of the entry of the order 
or extension and the period of authorized, 
approved, or disapproved use of the pen 
register or trap and trace device; 
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‘‘(ii) whether a pen register or trap 
and trace device was installed or used dur-
ing the period authorized; and 
‘‘(iii) the specific types of dialing, 
routing, addressing, or signaling informa-
tion sought in the application and collected 
by the pen register or trap and trace de-
vice. 
‘‘(2) TIMING.—The court shall serve notice 
under paragraph (1) within a reasonable time, but 
not later than 90 days after— 
‘‘(A) the date of the filing of the applica-
tion for an order or extension under section 
3122(a) that is denied; or 
‘‘(B) the date on which an order, or exten-
sions thereof, that is granted terminates. 
‘‘(3) DELAY.—The court may issue an ex parte 
order postponing the service of the inventory re-
quired under paragraph (1) upon a showing of good 
cause by an attorney for the Government. 
‘‘(4) INSPECTION.—Upon the filing of a motion, 
the court may make available for inspection by a 
person served under paragraph (1), or counsel for 
the person, such portions of the collected commu-
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nications, applications, and orders as the court de-
termines to be in the interest of justice.’’. 
(b) FOREIGN INTELLIGENCE AUTHORITY.— 
(1) APPLICATION.—Section 402(c) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1842(c)) is amended— 
(A) in paragraph (1), buy striking ‘‘and’’ 
at the end; and 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) a statement by the applicant that— 
‘‘(A) the records sought are relevant to an 
ongoing and authorized national security inves-
tigation (other than an assessment (as defined 
in section 2709 of title 18, United States 
Code)); and 
‘‘(B) there are specific and articulable 
facts providing reason to believe that the 
records— 
‘‘(i) pertain to a suspected agent of a 
foreign power or an individual who is the 
subject of an ongoing and authorized na-
tional security investigation (other than an 
assessment); 
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‘‘(ii) pertain to an individual who has 
been in contact with, or otherwise directly 
linked to, a suspected agent of a foreign 
power or an individual who is the subject 
of an ongoing and authorized national se-
curity investigation (other than an assess-
ment); or 
‘‘(iii) pertain to the activities of a sus-
pected agent of a foreign power, where 
those activities are the subject of an ongo-
ing and authorized national security inves-
tigation (other than an assessment), and 
obtaining the records is the least intrusive 
means that could be used to identify per-
sons believed to be involved in the activi-
ties; and 
‘‘(3) a statement of proposed minimization pro-
cedures.’’. 
(2) MINIMIZATION.— 
(A) DEFINITION.—Section 401 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1841) is amended by adding at the end 
the following: 
‘‘(4) 
The 
term 
‘minimization 
procedures’ 
means— 
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‘‘(A) specific procedures that are reason-
ably designed in light of the purpose and tech-
nique of an order for the installation and use 
of a pen register or trap and trace device, to 
minimize the acquisition and retention, and pro-
hibit the dissemination, of nonpublicly available 
information concerning unconsenting United 
States persons consistent with the need of the 
United States to obtain, produce, and dissemi-
nate foreign intelligence information; 
‘‘(B) procedures that require that nonpub-
licly available information, which is not foreign 
intelligence information, as defined in section 
101(e)(1), shall not be disseminated in a man-
ner that identifies any United States person, 
without such person’s consent, unless such per-
son’s identity is necessary to understand foreign 
intelligence information or assess its impor-
tance; and 
‘‘(C) notwithstanding subparagraphs (A) 
and (B), procedures that allow for the retention 
and dissemination of information that is evi-
dence of a crime which has been, is being, or 
is about to be committed and that is to be re-
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tained or disseminated for law enforcement pur-
poses.’’. 
(B) PEN REGISTERS AND TRAP AND TRACE 
DEVICES.—Section 402 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1842) is amended— 
(i) in subsection (d)— 
(I) in paragraph (1), by inserting 
‘‘, and that the proposed minimization 
procedures meet the definition of 
minimization procedures under this 
title’’ before the period at the end; 
and 
(II) in paragraph (2)(B)— 
(aa) in clause (ii)(II), by 
striking ‘‘and’’ after the semi-
colon; and 
(bb) by adding at the end 
the following: 
‘‘(iv) the minimization procedures be 
followed; and’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(h) At or before the end of the period of time for 
which the installation and use of a pen register or trap 
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and trace device is approved under an order or an exten-
sion under this section, the judge may assess compliance 
with the minimization procedures by reviewing the cir-
cumstances under which information concerning United 
States persons was acquired, retained, or disseminated.’’. 
(C) EMERGENCIES.—Section 403 of the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1843) is amended— 
(i) by redesignating subsection (c) as 
(d); and 
(ii) by inserting after subsection (b) 
the following: 
‘‘(c) If the Attorney General authorizes the emer-
gency installation and use of a pen register or trap and 
trace device under this section, the Attorney General shall 
require that the minimization procedures required by this 
title for the issuance of a judicial order be followed.’’. 
(D) 
USE
OF
INFORMATION.—Section 
405(a) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1845(a)) is amended by 
striking ‘‘provisions of’’ and inserting ‘‘mini-
mization procedures required under’’. 
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SEC. 303. REPEAL OF TELECOMMUNICATIONS IMMUNITY. 
(a) IN GENERAL.—The Foreign Intelligence Surveil-
lance Act of 1978 is amended by striking title VIII (50 
U.S.C. 1885 et seq.). 
(b) RULE
OF
CONSTRUCTION.—Nothing in the 
amendments made by this section shall be construed to 
affect any limitation on liability otherwise provided under 
titles I through VII of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.), title 18, 
United States Code, or the Protect America Act of 2007 
(Public Law 110–55; 121 Stat. 552) or the amendments 
made by that Act. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in the first section of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended by striking the items relating to title VIII 
and sections 801, 802, 803, and 804. 
SEC. 304. PROHIBITION ON BULK COLLECTION UNDER FISA 
AMENDMENTS ACT. 
Section 702(g)(2)(A) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1881a(g)(2)(A)) is 
amended— 
(1) in clause (vi), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (vii) as clause (viii); 
and 
(3) by inserting after clause (vi) the following: 
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‘‘(vii) the acquisition of the contents 
(as that term is defined in section 2510(8) 
of title 18, United States Code)) of any 
communication is limited to communica-
tions to which any party is an individual 
target (which shall not be limited to known 
or named individuals) who is reasonably 
believed to be located outside of the United 
States, and a significant purpose of the ac-
quisition of the communications of the tar-
get is to obtain foreign intelligence infor-
mation; and’’. 
SEC. 305. PROHIBITION ON REVERSE TARGETING UNDER 
FISA AMENDMENTS ACT. 
Section 702 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a) is amended— 
(1) in subsection (b)(2), by striking ‘‘the pur-
pose’’ and all that follows and inserting the fol-
lowing: ‘‘a significant purpose of the acquisition is to 
acquire the communications of a particular, known 
person reasonably believed to be located in the 
United States, except in accordance with title I;’’; 
(2) in subsection (d)(1)(A)— 
(A) by striking ‘‘ensure that’’ and insert 
the following: ‘‘ensure— 
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‘‘(i) that’’; and 
(B) by adding at the end the following: 
‘‘(ii) that an application is filed under 
title I, if otherwise required, when a sig-
nificant purpose of an acquisition author-
ized under subsection (a) is to acquire the 
communications of a particular, known 
person reasonably believed to be located in 
the United States; and’’; 
(3) in subsection (g)(2)(A)(i)(I)— 
(A) by striking ‘‘ensure that’’ and insert 
the following: ‘‘ensure— 
‘‘(aa) that’’; and 
(B) by adding at the end the following: 
‘‘(bb) that an application is 
filed under title I, if otherwise re-
quired, when a significant pur-
pose of an acquisition authorized 
under subsection (a) is to acquire 
the communications of a par-
ticular, known person reasonably 
believed to be located in the 
United States; and’’; and 
(4) in subsection (i)(2)(B)(i)— 
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(A) by striking ‘‘ensure that’’ and insert 
the following: ‘‘ensure— 
‘‘(I) that’’; and 
(B) by adding at the end the following: 
‘‘(II) that an application is filed 
under title I, if otherwise required, 
when a significant purpose of an ac-
quisition authorized under subsection 
(a) is to acquire the communications 
of a particular, known person reason-
ably believed to be located in the 
United States; and’’. 
SEC. 306. LIMITS ON USE OF UNLAWFULLY OBTAINED IN-
FORMATION UNDER FISA AMENDMENTS ACT. 
Section 702(i)(3) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by 
striking subparagraph (B) and inserting the following: 
‘‘(B) CORRECTION OF DEFICIENCIES.— 
‘‘(i) IN GENERAL.—If the Court finds 
that a certification required by subsection 
(g) does not contain all of the required ele-
ments, or that the procedures required by 
subsections (d) and (e) are not consistent 
with the requirements of those subsections 
or the Fourth Amendment to the Constitu-
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tion 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 order of the 
Court— 
‘‘(I) correct any deficiency identi-
fied by the order of the Court not 
later than 30 days after the date on 
which the Court issues the order; or 
‘‘(II) cease the acquisition au-
thorized under subsection (a). 
‘‘(ii) LIMITATION ON USE OF INFOR-
MATION.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), no infor-
mation obtained or evidence derived 
from an acquisition under clause (i)(I) 
concerning any United States person 
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 
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subdivision thereof, and no informa-
tion concerning any United States 
person acquired from the acquisition 
shall subsequently be used or dis-
closed in any other manner by Fed-
eral officers or employees without the 
consent of the United States person, 
except with the approval of the Attor-
ney General if the information indi-
cates a threat of death or serious bod-
ily harm to any person. 
‘‘(II) EXCEPTION.—If the Gov-
ernment corrects any deficiency iden-
tified by the order of the Court under 
clause (i), the Court may permit the 
use or disclosure of information ac-
quired before the date of the correc-
tion under such minimization proce-
dures as the Court shall establish for 
purposes of this clause.’’. 
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SEC. 307. PRIVACY PROTECTIONS FOR INTERNATIONAL 
COMMUNICATIONS 
OF 
AMERICANS 
COL-
LECTED UNDER FISA AMENDMENTS ACT. 
(a) IN GENERAL.—Title VII of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881) is 
amended by adding at the end the following: 
‘‘SEC. 709. ADDITIONAL SAFEGUARDS FOR COMMUNICA-
TIONS OF PERSONS IN THE UNITED STATES. 
‘‘(a) LIMITATIONS ON ACQUISITION OF COMMUNICA-
TIONS.— 
‘‘(1) LIMITATION.—Except as authorized under 
title I or paragraph (2), no communication shall be 
acquired under this title if the Government knows 
before or at the time of acquisition that the commu-
nication is to or from a person reasonably believed 
to be located in the United States. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—In addition to any au-
thority under title I to acquire communications 
described in paragraph (1), the communications 
may be acquired if— 
‘‘(i) there is reason to believe that the 
communication concerns international ter-
rorist activities directed against the United 
States, or activities in preparation there-
for; 
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‘‘(ii) there is probable cause to believe 
that the target reasonably believed to be 
located outside the United States is an 
agent of a foreign power and the foreign 
power is a group engaged in international 
terrorism or activities in preparation there-
for; or 
‘‘(iii) there is reason to believe that 
the acquisition is necessary to prevent 
death or serious bodily harm. 
‘‘(B) ACCESS
TO
COMMUNICATIONS.— 
Communications acquired under this paragraph 
shall be treated in accordance with subsection 
(b). 
‘‘(3) PROCEDURES FOR DETERMINATIONS BE-
FORE OR AT THE TIME OF ACQUISITION.— 
‘‘(A) SUBMISSION.—Not later than 120 
days after the date of enactment of the JUS-
TICE Act, the Attorney General, in consulta-
tion with the Director of National Intelligence, 
shall submit to the Foreign Intelligence Surveil-
lance Court for approval procedures for deter-
mining before or at the time of acquisition, 
where reasonably practicable, whether a com-
munication is to or from a person reasonably 
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believed to be located in the United States and 
whether the exception under paragraph (2) ap-
plies to that communication. 
‘‘(B) REVIEW.—The Foreign Intelligence 
Surveillance Court shall approve the procedures 
submitted under subparagraph (A) if the proce-
dures are reasonably designed to determine be-
fore or at the time of acquisition, where reason-
ably practicable, whether a communication is to 
or from a person reasonably believed to be lo-
cated in the United States and whether the ex-
ception under paragraph (2) applies to that 
communication. 
‘‘(C) PROCEDURES
DO
NOT
MEET
RE-
QUIREMENTS.—If the Foreign Intelligence Sur-
veillance Court concludes that the procedures 
submitted under subparagraph (A) do not meet 
the requirements of subparagraph (B), the 
Court shall enter an order so stating and pro-
vide a written statement for the record of the 
reasons for the determination. The Government 
may appeal an order under this subparagraph 
to the Foreign Intelligence Surveillance Court 
of Review. 
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‘‘(D) USE OF PROCEDURES.—If the For-
eign Intelligence Surveillance Court approves 
procedures under this paragraph, the Govern-
ment shall use the procedures in any acquisition 
of communications under this title. 
‘‘(E) REVISIONS.—The Attorney General, 
in consultation with the Director of National 
Intelligence, may submit new or amended proce-
dures to the Foreign Intelligence Surveillance 
Court for review under this paragraph. 
‘‘(F) RELIABILITY.—If the Government 
obtains new information relating to the reli-
ability of procedures approved under this para-
graph or the availability of more reliable proce-
dures, the Attorney General shall submit to the 
Foreign Intelligence Surveillance Court the in-
formation. 
‘‘(b) LIMITATIONS
ON
ACCESS
TO
COMMUNICA-
TIONS.— 
‘‘(1) IN GENERAL.—At such time as the Gov-
ernment can reasonably determine that a commu-
nication acquired under this title (including a com-
munication acquired under subsection (a)(2)) is to 
or from a person reasonably believed to be located 
in the United States, the communication shall be 
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