Sec. 111. Weapons of mass destruction. 
Sec. 112. Statute of limitations. 
TITLE II—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT 
Sec. 201. Statutory defenses. 
Sec. 202. Technical amendments. 
TITLE III—COMMISSION ON WARRANTLESS ELECTRONIC 
SURVEILLANCE ACTIVITIES 
Sec. 301. Commission on Warrantless Electronic Surveillance Activities. 
TITLE IV—OTHER PROVISIONS 
Sec. 401. Severability. 
Sec. 402. Effective date. 
Sec. 403. Repeals. 
Sec. 404. Transition procedures. 
Sec. 405. No rights under the FISA Amendments Act of 2008 for undocumented 
aliens. 
Sec. 406. Surveillance to protect the United States. 
TITLE I—FOREIGN 
INTELLIGENCE SURVEILLANCE 
SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN 
PERSONS OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—The Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— 
(1) by striking title VII; and 
(2) by adding after title VI the following new 
title: 
‘‘TITLE VII—ADDITIONAL PROCE-
DURES REGARDING CERTAIN 
PERSONS 
OUTSIDE 
THE 
UNITED STATES 
‘‘SEC. 701. DEFINITIONS. 
‘‘(a) IN GENERAL.—The terms ‘agent of a foreign 
power’, ‘Attorney General’, ‘contents’, ‘electronic surveil-
lance’, ‘foreign intelligence information’, ‘foreign power’, 
‘minimization procedures’, ‘person’, ‘United States’, and 
‘United States person’ have the meanings given such terms 
in section 101, except as specifically provided in this title. 
‘‘(b) ADDITIONAL DEFINITIONS.— 
‘‘(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ means— 
‘‘(A) the Select Committee on Intelligence of 
the Senate; and 
‘‘(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT; COURT.—The terms ‘Foreign Intelligence 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) INTELLIGENCE COMMUNITY.—The term ‘in-
telligence community’ has the meaning given the term 
in section 3(4) of the National Security Act of 1947 
(50 U.S.C. 401a(4)).
‘‘SEC. 702. PROCEDURES FOR TARGETING CERTAIN PER-
SONS OUTSIDE THE UNITED STATES OTHER 
THAN UNITED STATES PERSONS. 
‘‘(a) AUTHORIZATION.—Notwithstanding any other 
provision of law, pursuant to an order issued in accordance 
with subsection (i)(3) or a determination under subsection 
(g)(1)(B), the Attorney General and the Director of Na-
tional Intelligence may authorize jointly, for a period of 
up to 1 year from the effective date of the authorization, 
the targeting of persons reasonably believed to be located 
outside the United States to acquire foreign intelligence 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 in order to target a particular, known person 
reasonably believed to be in the United States; 
‘‘(3) may not intentionally target a United 
States person reasonably believed to be located outside 
the United States; 
‘‘(4) may not intentionally acquire any 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 (g) or a determination under para-
graph (1)(B) of such subsection; and 
‘‘(2) the procedures and guidelines required pur-
suant to subsections (d), (e), and (f). 
‘‘(d) TARGETING PROCEDURES.— 
‘‘(1) REQUIREMENT
TO
ADOPT.—The Attorney 
General, in consultation with the Director of National 
Intelligence, shall adopt targeting procedures that are 
reasonably designed to ensure that any acquisition 
authorized under subsection (a) is limited to targeting 
persons reasonably believed to be located outside the 
United States and does not result in the intentional 
acquisition of any communication as to which the 
sender and all intended recipients are known at the
time of the acquisition to be located in the United 
States. 
‘‘(2) JUDICIAL
REVIEW.—The procedures re-
quired by paragraph (1) shall be subject to judicial 
review pursuant to subsection (i). 
‘‘(e) MINIMIZATION PROCEDURES.— 
‘‘(1) REQUIREMENT
TO
ADOPT.—The Attorney 
General, in consultation with the Director of National 
Intelligence, shall adopt minimization procedures for 
acquisitions authorized under subsection (a) that— 
‘‘(A) in the case of electronic surveillance, 
meet the definition of minimization procedures 
under section 101(h); and 
‘‘(B) in the case of a physical search, meet 
the definition of minimization procedures under 
section 301(4). 
‘‘(2) JUDICIAL REVIEW.—The minimization pro-
cedures required by paragraph (1) shall be subject to 
judicial review pursuant to subsection (i). 
‘‘(f) GUIDELINES
FOR COMPLIANCE WITH LIMITA-
TIONS.— 
‘‘(1) REQUIREMENT
TO
ADOPT.—The Attorney 
General, in consultation with the Director of National 
Intelligence, shall adopt guidelines to ensure—
‘‘(A) compliance with the limitations in 
subsection (b); and 
‘‘(B) that an application is filed under sec-
tion 104 or 303, if required by this Act. 
‘‘(2) CRITERIA.—With respect to subsection 
(b)(2), the guidelines adopted pursuant to paragraph 
(1) shall contain specific criteria for determining 
whether a significant purpose of an acquisition is to 
acquire the communications of a specific United 
States person reasonably believed to be located in the 
United States. Such criteria shall include consider-
ation of whether— 
‘‘(A) the department or agency of the Fed-
eral Government conducting the acquisition has 
made an inquiry to another department or agen-
cy of the Federal Government to gather informa-
tion on the specific United States person; 
‘‘(B) the department or agency of the Fed-
eral Government conducting the acquisition has 
provided information that identifies the specific 
United States person to another department or 
agency of the Federal Government; 
‘‘(C) the department or agency of the Fed-
eral Government conducting the acquisition de-
termines that the specific United States person
has been the subject of ongoing interest or re-
peated investigation by a department or agency 
of the Federal Government; and 
‘‘(D) the specific United States person is a 
natural person. 
‘‘(3) TRAINING.—The Director of National Intel-
ligence shall establish a training program for appro-
priate personnel of the intelligence community to en-
sure that the guidelines adopted pursuant to para-
graph (1) are properly implemented. 
‘‘(4) SUBMISSION TO CONGRESS AND FOREIGN 
INTELLIGENCE SURVEILLANCE COURT.—The Attorney 
General shall submit the guidelines adopted pursuant 
to paragraph (1) to— 
‘‘(A) the congressional intelligence commit-
tees; 
‘‘(B) the Committees on the Judiciary of the 
House of Representatives and the Senate; and 
‘‘(C) the Foreign Intelligence Surveillance 
Court. 
‘‘(g) CERTIFICATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Subject to subpara-
graph (B), if the Attorney General and the Di-
rector of National Intelligence seek to authorize
an acquisition under this section, the Attorney 
General and the Director of National Intelligence 
shall provide, under oath, a written certification, 
as described in this subsection. 
‘‘(B) EMERGENCY AUTHORIZATION.—If the 
Attorney General and the Director of National 
Intelligence determine that an emergency situa-
tion exists, immediate action by the Government 
is required, and time does not permit the com-
pletion of judicial review pursuant to subsection 
(i) prior to the initiation of an acquisition, the 
Attorney General and the Director of National 
Intelligence may authorize the acquisition and 
shall submit to the Foreign Intelligence Surveil-
lance Court a certification under this subsection 
as soon as possible but in no event more than 7 
days after such determination is made. 
‘‘(2) REQUIREMENTS.—A certification made 
under this subsection shall— 
‘‘(A) attest that— 
‘‘(i) there are reasonable procedures in 
place for determining that the acquisition 
authorized under subsection (a)— 
‘‘(I) is targeted at persons reason-
ably believed to be located outside the
United States and such procedures 
have been submitted to the Foreign In-
telligence Surveillance Court; and 
‘‘(II) does not result in the inten-
tional acquisition of any communica-
tion as to which the sender and all in-
tended recipients are known at the 
time of the acquisition to be located in 
the United States, and such procedures 
have been submitted to the Foreign In-
telligence Surveillance Court; 
‘‘(ii) guidelines have been adopted in 
accordance with subsection (f) to ensure 
compliance with the limitations in sub-
section (b) and to ensure that applications 
are filed under section 104 or section 303, 
if required by this Act; 
‘‘(iii) the minimization procedures to 
be used with respect to such acquisition— 
‘‘(I) meet the definition of mini-
mization 
procedures 
under 
section 
101(h) or section 301(4) in accordance 
with subsection (e); and
‘‘(II) have been submitted to the 
Foreign 
Intelligence 
Surveillance 
Court; 
‘‘(iv) the procedures and guidelines re-
ferred to in clauses (i), (ii), and (iii) are 
consistent with the requirements of the 
fourth amendment to the Constitution of the 
United States; 
‘‘(v) a significant purpose of the acqui-
sition is to obtain foreign intelligence infor-
mation; 
‘‘(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 complies with the 
limitations in subsection (b); 
‘‘(B) be supported, as appropriate, by the 
affidavit of any appropriate official in the area 
of national security who is— 
‘‘(i) appointed by the President, by 
and with the consent of the Senate; or 
‘‘(ii) the head of an element of the in-
telligence community; and 
‘‘(C) include—
‘‘(i) an effective date for the authoriza-
tion that is between 30 and 60 days from 
the submission of the written certification to 
the court; or 
‘‘(ii) if the acquisition has begun or 
will begin in less than 30 days from the 
submission of the written certification to the 
court— 
‘‘(I) the date the acquisition began 
or the effective date for the acquisition; 
‘‘(II) a description of why imple-
mentation was required in less than 30 
days from the submission of the writ-
ten certification to the court; and 
‘‘(III) if the acquisition is author-
ized under paragraph (1)(B), the basis 
for the determination that an emer-
gency situation exists, immediate ac-
tion by the government is required, 
and time does not permit the comple-
tion of judicial review prior to the ini-
tiation of the acquisition. 
‘‘(3) LIMITATION.—A certification made under 
this subsection is not required to identify the specific 
facilities, places, premises, or property at which the
acquisition authorized under subsection (a) will be 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 before the initiation of an acquisition under 
this section, except in accordance with paragraph 
(1)(B). The Attorney General shall maintain such 
certification under security measures adopted by the 
Chief Justice of the United States and the Attorney 
General, in consultation with the Director of National 
Intelligence. 
‘‘(5) REVIEW.—A certification submitted pursu-
ant to this subsection shall be subject to judicial re-
view pursuant to subsection (i). 
‘‘(h) DIRECTIVES AND JUDICIAL REVIEW OF DIREC-
TIVES.— 
‘‘(1) AUTHORITY.—Pursuant to an order issued 
in accordance with subsection (i)(3) or a determina-
tion under subsection (g)(1)(B), the Attorney General 
and the Director of National Intelligence may direct, 
in writing, an electronic communication service pro-
vider to—
‘‘(A) immediately provide the Government 
with all information, facilities, or assistance nec-
essary to accomplish the acquisition authorized 
in accordance with this section in a manner that 
will protect the secrecy of the acquisition and 
produce a minimum of interference with the 
services that such electronic communication serv-
ice provider is providing to the target of the ac-
quisition; 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 provision of law, no cause of ac-
tion shall lie in any court against any electronic com-
munication service provider for providing any infor-
mation, facilities, 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. 
‘‘(D) PROCEDURES FOR INITIAL REVIEW.— 
A judge shall conduct an initial review of a peti-
tion filed under subparagraph (A) not later than 
5 days after being assigned such petition. If the
judge determines that the petition does not con-
sist of claims, defenses, or other legal contentions 
that are warranted by existing law, a nonfrivo-
lous argument for extending, modifying, or re-
versing existing law, or establishing new law, the 
judge shall immediately deny the petition and 
affirm the directive or any part of the directive 
that is the subject of the petition and order the 
recipient to comply with the directive or any 
part of it. Upon making such a determination or 
promptly thereafter, the judge shall provide a 
written statement for the record of the reasons 
for a determination under this subparagraph. 
‘‘(E) PROCEDURES
FOR
PLENARY
RE-
VIEW.—If a judge determines that a petition 
filed under subparagraph (A) requires plenary 
review, the judge shall affirm, modify, or set 
aside the directive that is the subject of that peti-
tion not later than 30 days after being assigned 
the petition. If the judge does not set aside the 
directive, the judge shall immediately affirm or 
modify the directive and order the recipient to 
comply with the directive in its entirety or as 
modified. The judge shall provide a written
statement for the records of the reasons for a de-
termination under this subparagraph. 
‘‘(F) CONTINUED
EFFECT.—Any directive 
not explicitly modified or set aside under this 
paragraph shall remain in full effect. 
‘‘(G) CONTEMPT
OF
COURT.—Failure to 
obey an order of the Court issued under this 
paragraph may be punished by the Court as con-
tempt of court. 
‘‘(5) ENFORCEMENT OF DIRECTIVES.— 
‘‘(A) ORDER TO COMPEL.—If an electronic 
communication service provider fails to comply 
with a directive issued pursuant to paragraph 
(1), the Attorney General may file a petition for 
an order to compel the electronic communication 
service provider to comply with the directive 
with the Foreign Intelligence Surveillance Court, 
which shall have jurisdiction to review such a 
petition. 
‘‘(B) ASSIGNMENT.—The presiding judge of 
the Court shall assign a petition filed under sub-
paragraph (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.
Review for review of a 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. 
‘‘(i) 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 submitted 
pursuant to subsection (g) and the targeting and
minimization procedures required by subsections 
(d) and (e). 
‘‘(B) TIME
PERIOD
FOR
REVIEW.—The 
Court shall review the certification submitted 
pursuant to subsection (g) and the targeting and 
minimization procedures required by subsections 
(d) and (e) and approve or deny an order under 
this subsection not later than 30 days after the 
date on which a certification is submitted. 
‘‘(2) REVIEW.—The Court shall review the fol-
lowing: 
‘‘(A) CERTIFICATIONS.—A certification sub-
mitted pursuant to subsection (g) to determine 
whether the certification contains all the required 
elements. 
‘‘(B) TARGETING
PROCEDURES.—The tar-
geting procedures required by subsection (d) to 
assess whether the procedures are reasonably de-
signed to ensure that the acquisition authorized 
under subsection (a) is limited to the targeting 
of persons reasonably believed to be located out-
side 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 lo-
cated in the United States. 
‘‘(C) 
MINIMIZATION
PROCEDURES.—The 
minimization procedures required by subsection 
(e) to assess whether such procedures meet the 
definition of minimization procedures under sec-
tion 101(h) or section 301(4) in accordance with 
subsection (e). 
‘‘(3) ORDERS.— 
‘‘(A) APPROVAL.—If the Court finds that a 
certification submitted pursuant to subsection (g) 
contains all of the required elements and that the 
procedures required by subsections (d) and (e) 
are consistent with the requirements of those sub-
sections and with the fourth amendment to the 
Constitution of the United States, the Court shall 
enter an order approving the certification and 
the use of the procedures for the acquisition. 
‘‘(B) CORRECTION
OF
DEFICIENCIES.—If 
the Court finds that a certification submitted 
pursuant to subsection (g) does not contain all of 
the required elements or that the procedures re-
quired by subsections (d) and (e) are not con-
sistent with the requirements of those subsections
or the fourth amendment to the Constitution of 
the United States— 
‘‘(i) in the case of a certification sub-
mitted 
in 
accordance 
with 
subsection 
(g)(1)(A), the Court shall deny the order, 
identify any deficiency in the certification 
or procedures, and provide the Government 
with an opportunity to correct such defi-
ciency; and 
‘‘(ii) in the case of a certification sub-
mitted 
in 
accordance 
with 
subsection 
(g)(1)(B), the Court shall issue an order di-
recting the Government to, at the Govern-
ment’s election and to the extent required by 
the Court’s order— 
‘‘(I) correct any deficiency identi-
fied by the Court not later than 30 
days after the date the Court issues the 
order; or 
‘‘(II) cease the acquisition author-
ized under subsection (g)(1)(B). 
‘‘(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. 
‘‘(4) 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 acquisition 
affected by an order under paragraph (3)(B)(ii) 
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, subject to subpara-
graph (C), until the Court of Review enters 
an order under subparagraph (A). 
‘‘(C) IMPLEMENTATION OF EMERGENCY AU-
THORITY PENDING APPEAL.—Not later than 60
days after the filing of an appeal of an order 
issued under paragraph (3)(B)(ii) directing the 
correction of a deficiency, the Court of Review 
shall determine, and enter a corresponding order 
regarding whether all or any part of the correc-
tion order, as issued or modified, shall be imple-
mented during the pendency of the appeal. The 
Government shall conduct an acquisition affected 
by such order issued under paragraph (3)(B)(ii) 
in accordance with an order issued under this 
subparagraph or shall cease such acquisition. 
‘‘(D) 
CERTIORARI
TO
THE
SUPREME 
COURT.—The Government may file a petition for 
a writ of certiorari for review of a decision of the 
Court of Review issued under subparagraph (A). 
The record for such review shall be transmitted 
under seal to the Supreme Court of the United 
States, which shall have jurisdiction to review 
such decision. 
‘‘(5) SCHEDULE.— 
‘‘(A) REPLACEMENT OF AUTHORIZATIONS IN 
EFFECT.—If the Attorney General and the Direc-
tor of National Intelligence seek to replace an 
authorization issued pursuant to section 105B of 
the Foreign Intelligence Surveillance Act of 1978,
as added by section 2 of the Protect America Act 
of 2007 (Public Law 110-55), the Attorney Gen-
eral and the Director of National Intelligence 
shall, to the extent practicable, submit to the 
Court a certification under subsection (g) and 
the procedures required by subsections (d), (e), 
and (f) at least 30 days before the expiration of 
such authorization. 
‘‘(B) REAUTHORIZATION
OF
AUTHORIZA-
TIONS IN EFFECT.—If the Attorney General and 
the Director of National Intelligence seek to re-
place an authorization issued pursuant to this 
section, the Attorney General and the Director of 
National Intelligence shall, to the extent prac-
ticable, submit to the Court a certification under 
subsection (g) and the procedures required by 
subsections (d), (e), and (f) at least 30 days 
prior to the expiration of such authorization. 
‘‘(C) CONSOLIDATED
SUBMISSIONS.—The 
Attorney General and Director of National Intel-
ligence shall, to the extent practicable, annually 
submit to the Court a consolidation of— 
‘‘(i) certifications under subsection (g) 
for reauthorization of authorizations in ef-
fect;
‘‘(ii) the procedures required by sub-
sections (d), (e), and (f); and 
‘‘(iii) the annual review required by 
subsection (l)(3) for the preceding year. 
‘‘(D) TIMING OF REVIEWS.—The Attorney 
General and the Director of National Intelligence 
shall, to the extent practicable, schedule the com-
pletion of the annual review under subsection 
(l)(3) and a semiannual assessment under sub-
section (l)(1) so that they may be submitted to 
the Court at the time of the consolidated submis-
sion under subparagraph (C). 
‘‘(E) CONSTRUCTION.—The requirements of 
subparagraph (C) shall not be construed to pre-
clude the Attorney General and the Director of 
National Intelligence from submitting certifi-
cations for additional authorizations at other 
times during the year as necessary. 
‘‘(6) COMPLIANCE.—At or before the end of the 
period of time for which a certification submitted 
pursuant to subsection (g) and procedures required by 
subsection (d) and (e) are approved by an order 
under this section, the Foreign Intelligence Surveil-
lance Court may assess compliance with the mini-
mization procedures required by subsection (e) by re-
viewing the circumstances under which information 
concerning United States persons was acquired, re-
tained, or disseminated. 
‘‘(j) JUDICIAL PROCEEDINGS.— 
‘‘(1) EXPEDITED PROCEEDINGS.—Judicial pro-
ceedings under this section shall be conducted as expe-
ditiously as possible. 
‘‘(2) TIME LIMITS.—A time limit for a judicial 
decision in this section shall apply unless the Court, 
the Court of Review, or any judge of either the Court 
or the Court of Review, by order for reasons stated, 
extends that time for good cause. 
‘‘(k) MAINTENANCE AND SECURITY OF RECORDS AND 
PROCEEDINGS.— 
‘‘(1) STANDARDS.—The Foreign Intelligence Sur-
veillance Court shall maintain a record of a pro-
ceeding under this section, including petitions filed, 
orders granted, and statements of reasons for decision, 
under security measures adopted by the Chief Justice 
of the United States, in consultation with the Attor-
ney General and the Director of National Intelligence. 
‘‘(2) FILING AND REVIEW.—All petitions under 
this section shall be filed under seal. In any pro-
ceedings under this section, the court shall, upon re-
quest of the Government, review ex parte and in cam-
‘‘(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 proposed minimization 
procedures that— 
‘‘(i) in the case of electronic surveil-
lance, meet the definition of minimization 
procedures in section 101(h); and 
‘‘(ii) in the case of a physical search, 
meet the definition of minimization proce-
dures in section 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) identifies the type of foreign in-
telligence information being sought accord-
ing to the categories described in each sub-
paragraph of section 101(e); and 
‘‘(v) includes a statement of the basis 
for the certification that— 
‘‘(I) the information sought is the 
type of foreign intelligence information 
designated; and 
‘‘(II) such information cannot 
reasonably be obtained by normal 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 by the Court approving the 
acquisition if the Court finds that— 
‘‘(A) the application has been made by a 
Federal officer and approved by the Attorney 
General; 
‘‘(B) on the basis of the facts submitted by 
the applicant, for the United States person who 
is the target of the acquisition, there is probable 
cause to believe that the target is— 
‘‘(i) a person reasonably believed to be 
located outside the United States; and 
‘‘(ii) a foreign power, an agent of a 
foreign power, or an officer or employee of 
a foreign power; 
‘‘(C) the proposed minimization proce-
dures—
‘‘(i) in the case of electronic surveil-
lance, meet the definition of minimization 
procedures in section 101(h); and 
‘‘(ii) in the case of a physical search, 
meet the definition of minimization proce-
dures in section 301(4); 
‘‘(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 wheth-
er or not probable cause exists for purposes of para-
graph (1)(B), a judge having jurisdiction under sub-
section (a)(1) may consider past activities of the tar-
get and facts and circumstances relating to current or 
future activities of the target. No United States per-
son may be considered a foreign power, agent of a for-
eign 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 under paragraph (1)(B), the judge 
shall enter an order so stating and provide a 
written statement for the record of the reasons 
for such determination. The Government may 
appeal an order under this subparagraph pursu-
ant 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 as required under such 
paragraph the judge shall enter an order so stat-
ing and provide a written statement for the 
record of the reasons for such determination. The 
Government may appeal an order under this 
subparagraph pursuant to subsection (f). 
‘‘(D) REVIEW
OF
CERTIFICATION.—If the 
judge determines that an application under sub-
section (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 
subparagraph pursuant to subsection (f). 
‘‘(4) SPECIFICATIONS.—An order approving an 
acquisition under this subsection shall specify— 
‘‘(A) the identity, if known, or a description 
of the United States person who is the target of 
the acquisition identified or described in the 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 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) an electronic communication service 
provider to provide to the Government forthwith 
all information, facilities, or assistance necessary 
to accomplish the acquisition authorized under 
such order in a manner that will protect the se-
crecy of the acquisition and produce a minimum 
of interference with the services that such elec-
tronic communication service provider is pro-
viding to the target of the acquisition; 
‘‘(C) an electronic communication service 
provider to maintain under security procedures 
approved by the Attorney General any records 
concerning the acquisition or the aid furnished 
that such electronic communication service 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 
subsection 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 referred to in paragraph (1)(C) by reviewing 
the circumstances under which information con-
cerning 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 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 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 authoriza-
tion 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 Intel-
ligence Surveillance Court as soon as practicable, but 
not more than 7 days after the Attorney General au-
thorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the Attor-
ney General authorizes an acquisition under para-
graph (1), the Attorney General shall require that the 
minimization procedures referred to in subsection 
(c)(1)(C) for the issuance of a judicial order be fol-
lowed. 
‘‘(3) TERMINATION OF EMERGENCY AUTHORIZA-
TION.—In the absence of a judicial order approving 
an acquisition authorized under paragraph (1), such
acquisition shall terminate when the information 
sought is obtained, when the application for the order 
is denied, or after the expiration of 7 days from the 
time of authorization by the Attorney General, which-
ever 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 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 evi-
dence or otherwise disclosed in any trial, hearing, or 
other proceeding in or before any court, grand jury, 
department, office, agency, regulatory body, legislative 
committee, or other authority of the United States, a 
State, or political subdivision thereof, and no 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 provision of law, no cause of action shall lie in 
any court against any electronic communication service 
provider for providing any information, facilities, or assist-
ance in accordance with an order or request for emergency 
assistance issued pursuant to subsection (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 a decision of the Court of Review 
under paragraph (1). The record for such review shall 
be transmitted under seal to the Supreme Court of the 
United States, which shall have jurisdiction to review 
such decision. 
‘‘(g) CONSTRUCTION.—Nothing in this Act shall be 
construed to require an application under section 104 for 
an acquisition that is targeted in accordance with this sec-
tion at a person reasonably believed to be located outside 
the United States. 
‘‘SEC. 704. OTHER ACQUISITIONS TARGETING UNITED 
STATES 
PERSONS 
OUTSIDE 
THE 
UNITED 
STATES. 
‘‘(a) JURISDICTION AND SCOPE.— 
‘‘(1) JURISDICTION.—The Foreign Intelligence 
Surveillance Court shall have jurisdiction to enter an 
order pursuant to subsection (c). 
‘‘(2) SCOPE.—No department or agency of the 
Federal Government may intentionally target, for the 
purpose of acquiring foreign intelligence information, 
a United States person reasonably believed to be lo-
cated outside the United States under circumstances 
in which the targeted United States person has a rea-
sonable expectation of privacy and a warrant would 
be required if the acquisition were conducted inside 
the United States for law enforcement purposes, un-
less a judge of the Foreign Intelligence Surveillance 
Court has entered an order with respect to such tar-
geted United States person or the Attorney General 
has authorized an emergency acquisition pursuant to 
subsection (c) or (d) or any other provision of this 
Act. 
‘‘(3) LIMITATIONS.—
‘‘(A) MOVING
OR
MISIDENTIFIED
TAR-
GETS.—If a targeted United States person is 
reasonably believed to be in the United States 
during the pendency of an order issued pursuant 
to subsection (c), acquisitions relating to such 
targeted United States Person shall cease unless 
authority is obtained pursuant to this Act or the 
targeted United States person is again reason-
ably believed to be located outside the United 
States during the pendency of such order. 
‘‘(B) APPLICABILITY.—If an acquisition is 
to be conducted inside the United States and 
could be authorized under section 703, the acqui-
sition may only be conducted if authorized under 
section 703 or in accordance with another provi-
sion of this Act other than this section. 
‘‘(b) APPLICATION.—Each application for an order 
under this section shall be made by a Federal officer in 
writing upon oath or affirmation to a judge having 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 section 
and shall include—