II 
Calendar No. 827 
110TH CONGRESS 
2D SESSION 
H. R. 6304 
IN THE SENATE OF THE UNITED STATES 
JUNE 20, 2008 
Ordered received; read twice and placed on the calendar 
AN ACT 
To amend the Foreign Intelligence Surveillance Act of 1978 
to establish a procedure for authorizing certain acquisi-
tions of foreign intelligence, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Foreign Intelligence Surveillance Act of 1978 Amend-
ments Act of 2008’’ or the ‘‘FISA Amendments Act of 
2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE 
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Sec. 101. Additional procedures regarding certain persons outside the United 
States. 
Sec. 102. 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 In-
telligence Surveillance Act of 1978. 
Sec. 104. Applications for court orders. 
Sec. 105. Issuance of an order. 
Sec. 106. Use of information. 
Sec. 107. Amendments for physical searches. 
Sec. 108. Amendments for emergency pen registers and trap and trace devices. 
Sec. 109. Foreign Intelligence Surveillance Court. 
Sec. 110. Weapons of mass destruction. 
TITLE II—PROTECTIONS FOR ELECTRONIC COMMUNICATION 
SERVICE PROVIDERS 
Sec. 201. Procedures for implementing statutory defenses under the Foreign 
Intelligence Surveillance Act of 1978. 
Sec. 202. Technical amendments. 
TITLE III—REVIEW OF PREVIOUS ACTIONS 
Sec. 301. Review of previous actions. 
TITLE IV—OTHER PROVISIONS 
Sec. 401. Severability. 
Sec. 402. Effective date. 
Sec. 403. Repeals. 
Sec. 404. Transition procedures. 
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 at the end the following: 
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‘‘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’, 
‘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 
Surveillance Court’ and ‘Court’ mean the court es-
tablished under section 103(a). 
‘‘(3) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT OF REVIEW; COURT OF REVIEW.—The terms 
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‘Foreign Intelligence Surveillance Court of Review’ 
and ‘Court of Review’ mean the court established 
under section 103(b). 
‘‘(4) ELECTRONIC
COMMUNICATION
SERVICE 
PROVIDER.—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 
service, 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 
entity described in subparagraph (A), (B), (C), 
or (D). 
‘‘(5) INTELLIGENCE
COMMUNITY.—The term 
‘intelligence community’ has the meaning given the 
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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, upon the issuance of an order in accord-
ance with subsection (i)(3) or a determination under sub-
section (c)(2), the Attorney General and the Director of 
National Intelligence may authorize jointly, for a period 
of up to 1 year from the effective date of the authoriza-
tion, the targeting of persons reasonably believed to be lo-
cated outside the United States to acquire foreign intel-
ligence information. 
‘‘(b) LIMITATIONS.—An acquisition authorized under 
subsection (a)— 
‘‘(1) may not intentionally target any person 
known at the time of acquisition to be located in the 
United States; 
‘‘(2) may not intentionally target a person rea-
sonably believed to be located outside the United 
States if the purpose of such acquisition is to target 
a particular, known person reasonably believed to be 
in the United States; 
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‘‘(3) may not intentionally target a United 
States person reasonably believed to be located out-
side 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.— 
‘‘(1) IN GENERAL.—An acquisition authorized 
under subsection (a) shall be conducted only in ac-
cordance with— 
‘‘(A) the targeting and minimization proce-
dures adopted in accordance with subsections 
(d) and (e); and 
‘‘(B) upon submission of a certification in 
accordance with subsection (g), such certifi-
cation. 
‘‘(2) DETERMINATION.—A determination under 
this paragraph and for purposes of subsection (a) is 
a determination by the Attorney General and the Di-
rector of National Intelligence that exigent cir-
cumstances exist because, without immediate imple-
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mentation of an authorization under subsection (a), 
intelligence important to the national security of the 
United States may be lost or not timely acquired 
and time does not permit the issuance of an order 
pursuant to subsection (i)(3) prior to the implemen-
tation of such authorization. 
‘‘(3) TIMING OF DETERMINATION.—The Attor-
ney General and the Director of National Intel-
ligence may make the determination under para-
graph (2)— 
‘‘(A) before the submission of a certifi-
cation in accordance with subsection (g); or 
‘‘(B) by amending a certification pursuant 
to subsection (i)(1)(C) at any time during 
which judicial review under subsection (i) of 
such certification is pending. 
‘‘(4) CONSTRUCTION.—Nothing in title I shall 
be construed to require an application for a court 
order under such title for an acquisition that is tar-
geted in accordance with this section at a person 
reasonably believed to be located outside the United 
States. 
‘‘(d) TARGETING PROCEDURES.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 
General, in consultation with the Director of Na-
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tional Intelligence, shall adopt targeting procedures 
that are reasonably designed to— 
‘‘(A) ensure that any acquisition author-
ized under subsection (a) is limited to targeting 
persons reasonably believed to be located out-
side the United States; and 
‘‘(B) prevent 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 
adopted in accordance with 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 Na-
tional Intelligence, shall adopt minimization proce-
dures that meet the definition of minimization proce-
dures under section 101(h) or 301(4), as appro-
priate, for acquisitions authorized under subsection 
(a). 
‘‘(2) JUDICIAL
REVIEW.—The minimization 
procedures adopted in accordance with paragraph 
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(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 Na-
tional Intelligence, shall adopt guidelines to ensure— 
‘‘(A) compliance with the limitations in 
subsection (b); and 
‘‘(B) that an application for a court order 
is filed as required by this Act. 
‘‘(2) SUBMISSION OF GUIDELINES.—The Attor-
ney General shall provide the guidelines adopted in 
accordance with paragraph (1) to— 
‘‘(A) the congressional intelligence commit-
tees; 
‘‘(B) the Committees on the Judiciary of 
the Senate and the House of Representatives; 
and 
‘‘(C) the Foreign Intelligence Surveillance 
Court. 
‘‘(g) CERTIFICATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Subject to subpara-
graph (B), prior to the implementation of an 
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authorization under subsection (a), the Attor-
ney General and the Director of National Intel-
ligence shall provide to the Foreign Intelligence 
Surveillance Court a written certification and 
any supporting affidavit, under oath and under 
seal, in accordance with this subsection. 
‘‘(B) EXCEPTION.—If the Attorney Gen-
eral and the Director of National Intelligence 
make a determination under subsection (c)(2) 
and time does not permit the submission of a 
certification under this subsection prior to the 
implementation of an authorization under sub-
section (a), the Attorney General and the Direc-
tor of National Intelligence shall submit to the 
Court a certification for such authorization as 
soon as practicable but in no event later than 
7 days after such determination is made. 
‘‘(2) REQUIREMENTS.—A certification made 
under this subsection shall— 
‘‘(A) attest that— 
‘‘(i) there are procedures in place that 
have been approved, have been submitted 
for approval, or will be submitted with the 
certification for approval by the Foreign 
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Intelligence Surveillance Court that are 
reasonably designed to— 
‘‘(I) ensure that an acquisition 
authorized under subsection (a) is 
limited to targeting persons reason-
ably believed to be located outside the 
United States; and 
‘‘(II) prevent the intentional ac-
quisition of any communication 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; 
‘‘(ii) the minimization procedures to 
be used with respect to such acquisition— 
‘‘(I) meet the definition of mini-
mization procedures under section 
101(h) or 301(4), as appropriate; and 
‘‘(II) have been approved, have 
been submitted for approval, or will be 
submitted with the certification for 
approval by the Foreign Intelligence 
Surveillance Court; 
‘‘(iii) guidelines have been adopted in 
accordance with subsection (f) to ensure 
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compliance with the limitations in sub-
section (b) and to ensure that an applica-
tion for a court order is filed as required 
by this Act; 
‘‘(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 ac-
quisition is to obtain foreign intelligence 
information; 
‘‘(vi) the acquisition involves obtaining 
foreign intelligence information from or 
with the assistance of an electronic com-
munication service provider; and 
‘‘(vii) the acquisition complies with 
the limitations in subsection (b); 
‘‘(B) include the procedures adopted in ac-
cordance with subsections (d) and (e); 
‘‘(C) be supported, as appropriate, by the 
affidavit of any appropriate official in the area 
of national security who is— 
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‘‘(i) appointed by the President, by 
and with the advice and consent of the 
Senate; or 
‘‘(ii) the head of an element of the in-
telligence community; 
‘‘(D) include— 
‘‘(i) an effective date for the author-
ization that is at least 30 days after the 
submission of the written certification to 
the court; or 
‘‘(ii) if the acquisition has begun or 
the effective date is less than 30 days after 
the submission of the written certification 
to the court, the date the acquisition began 
or the effective date for the acquisition; 
and 
‘‘(E) if the Attorney General and the Di-
rector of National Intelligence make a deter-
mination under subsection (c)(2), include a 
statement that such determination has been 
made. 
‘‘(3) CHANGE IN EFFECTIVE DATE.—The At-
torney General and the Director of National Intel-
ligence may advance or delay the effective date re-
ferred to in paragraph (2)(D) by submitting an 
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amended certification in accordance with subsection 
(i)(1)(C) to the Foreign Intelligence Surveillance 
Court for review pursuant to subsection (i). 
‘‘(4) LIMITATION.—A certification made under 
this subsection is not required to identify the specific 
facilities, places, premises, or property at which an 
acquisition authorized under subsection (a) will be 
directed or conducted. 
‘‘(5) MAINTENANCE OF CERTIFICATION.—The 
Attorney General or a designee of the Attorney Gen-
eral shall maintain a copy of a certification made 
under this subsection. 
‘‘(6) REVIEW.—A certification submitted in ac-
cordance with this subsection shall be subject to ju-
dicial review pursuant to subsection (i). 
‘‘(h) DIRECTIVES AND JUDICIAL REVIEW OF DIREC-
TIVES.— 
‘‘(1) AUTHORITY.—With respect to an acquisi-
tion authorized under subsection (a), the Attorney 
General and the Director of National Intelligence 
may direct, in writing, an electronic communication 
service provider to— 
‘‘(A) immediately provide the Government 
with all information, facilities, or assistance 
necessary to accomplish the acquisition in a 
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manner that will protect the secrecy of the ac-
quisition and produce a minimum of inter-
ference with the services that such electronic 
communication service provider is providing to 
the target of the acquisition; and 
‘‘(B) maintain under security procedures 
approved by the Attorney General and the Di-
rector 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 
communication service provider for providing infor-
mation, facilities, or assistance in accordance with a 
directive issued pursuant to paragraph (1). 
‘‘(3) RELEASE FROM LIABILITY.—No cause of 
action shall lie in any court against any electronic 
communication service provider for providing any in-
formation, facilities, or assistance in accordance with 
a directive issued pursuant to paragraph (1). 
‘‘(4) CHALLENGING OF DIRECTIVES.— 
‘‘(A) AUTHORITY
TO
CHALLENGE.—An 
electronic communication service provider re-
ceiving a directive issued pursuant to paragraph 
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(1) may file a petition to modify or set aside 
such directive with the Foreign Intelligence 
Surveillance Court, which shall have jurisdiction 
to review such petition. 
‘‘(B) ASSIGNMENT.—The presiding judge 
of the Court shall assign a petition filed under 
subparagraph (A) to 1 of the judges serving in 
the pool established under section 103(e)(1) not 
later than 24 hours after the filing of such peti-
tion. 
‘‘(C) STANDARDS FOR REVIEW.—A judge 
considering a petition filed under subparagraph 
(A) may grant such petition only if the judge 
finds that the directive does not meet the re-
quirements of this section, or is otherwise un-
lawful. 
‘‘(D) 
PROCEDURES
FOR
INITIAL
RE-
VIEW.—A judge shall conduct an initial review 
of a petition filed under subparagraph (A) not 
later than 5 days after being assigned such pe-
tition. If the judge determines that such peti-
tion does not consist of claims, defenses, or 
other legal contentions that are warranted by 
existing law or by a nonfrivolous argument for 
extending, modifying, or reversing existing law 
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or for establishing new law, the judge shall im-
mediately deny such petition and affirm the di-
rective or any part of the directive that is the 
subject of such petition and order the recipient 
to comply with the directive or any part of it. 
Upon making a determination under this sub-
paragraph or promptly thereafter, the judge 
shall provide a written statement for the record 
of the reasons for such determination. 
‘‘(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 such 
petition not later than 30 days after being as-
signed such petition. If the judge does not set 
aside the directive, the judge shall immediately 
affirm or affirm with modifications the direc-
tive, and order the recipient to comply with the 
directive in its entirety or as modified. The 
judge shall provide a written statement for the 
record of the reasons for a determination under 
this subparagraph. 
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‘‘(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 issued under this paragraph may 
be punished by the Court as contempt 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 communica-
tion service provider to comply with the direc-
tive with the Foreign Intelligence Surveillance 
Court, which shall have jurisdiction to review 
such petition. 
‘‘(B) ASSIGNMENT.—The presiding judge 
of the Court shall assign a petition filed under 
subparagraph (A) to 1 of the judges serving in 
the pool established under section 103(e)(1) not 
later than 24 hours after the filing of such peti-
tion. 
‘‘(C) PROCEDURES FOR REVIEW.—A judge 
considering a petition filed under subparagraph 
(A) shall, not later than 30 days after being as-
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signed such petition, issue an order requiring 
the electronic communication service provider to 
comply with the directive or any part of it, as 
issued or as modified, if the judge finds that 
the directive meets the requirements of this sec-
tion and is otherwise lawful. The judge shall 
provide a written statement for the record of 
the reasons for a determination under this 
paragraph. 
‘‘(D) CONTEMPT
OF
COURT.—Failure to 
obey an order issued under this paragraph may 
be punished by the Court as contempt of court. 
‘‘(E) PROCESS.—Any process under this 
paragraph may be served in any judicial district 
in which the electronic communication service 
provider may be found. 
‘‘(6) APPEAL.— 
‘‘(A) APPEAL
TO
THE
COURT
OF
RE-
VIEW.—The Government or an electronic com-
munication service provider receiving a directive 
issued pursuant to paragraph (1) may file a pe-
tition with the Foreign Intelligence Surveillance 
Court of Review for review of a decision issued 
pursuant to paragraph (4) or (5). The Court of 
Review shall have jurisdiction to consider such 
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petition and shall provide a written statement 
for the record of the reasons for a decision 
under this subparagraph. 
‘‘(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 a de-
cision 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 
PROCEDURES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW
BY
THE
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT.—The Foreign 
Intelligence Surveillance Court shall have juris-
diction to review a certification submitted in ac-
cordance with subsection (g) and the targeting 
and minimization procedures adopted in accord-
ance with subsections (d) and (e), and amend-
ments to such certification or such procedures. 
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‘‘(B) TIME
PERIOD
FOR
REVIEW.—The 
Court shall review a certification submitted in 
accordance with subsection (g) and the tar-
geting and minimization procedures adopted in 
accordance with subsections (d) and (e) and 
shall complete such review and issue an order 
under paragraph (3) not later than 30 days 
after the date on which such certification and 
such procedures are submitted. 
‘‘(C) AMENDMENTS.—The Attorney Gen-
eral and the Director of National Intelligence 
may amend a certification submitted in accord-
ance with subsection (g) or the targeting and 
minimization procedures adopted in accordance 
with subsections (d) and (e) as necessary at any 
time, including if the Court is conducting or 
has completed review of such certification or 
such procedures, and shall submit the amended 
certification or amended procedures to the 
Court not later than 7 days after amending 
such certification or such procedures. The 
Court shall review any amendment under this 
subparagraph under the procedures set forth in 
this subsection. The Attorney General and the 
Director of National Intelligence may authorize 
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the use of an amended certification or amended 
procedures pending the Court’s review of such 
amended certification or amended procedures. 
‘‘(2) REVIEW.—The Court shall review the fol-
lowing: 
‘‘(A) CERTIFICATION.—A certification sub-
mitted in accordance with subsection (g) to de-
termine whether the certification contains all 
the required elements. 
‘‘(B) TARGETING PROCEDURES.—The tar-
geting procedures adopted in accordance with 
subsection (d) to assess whether the procedures 
are reasonably designed to— 
‘‘(i) ensure that an acquisition author-
ized under subsection (a) is limited to tar-
geting persons reasonably believed to be lo-
cated outside the United States; and 
‘‘(ii) prevent the intentional acquisi-
tion 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. 
‘‘(C) MINIMIZATION
PROCEDURES.—The 
minimization procedures adopted in accordance 
with subsection (e) to assess whether such pro-
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cedures meet the definition of minimization pro-
cedures under section 101(h) or section 301(4), 
as appropriate. 
‘‘(3) ORDERS.— 
‘‘(A) APPROVAL.—If the Court finds that 
a certification submitted in accordance with 
subsection (g) contains all the required ele-
ments and that the targeting and minimization 
procedures adopted in accordance with sub-
sections (d) and (e) are consistent with the re-
quirements of those subsections and with the 
fourth amendment to the Constitution of the 
United States, the Court shall enter an order 
approving the certification and the use, or con-
tinued use in the case of an acquisition author-
ized pursuant to a determination under sub-
section (c)(2), of the procedures for the acquisi-
tion. 
‘‘(B) CORRECTION OF DEFICIENCIES.—If 
the Court finds that a certification submitted in 
accordance with subsection (g) does not contain 
all the required elements, or that the proce-
dures adopted in accordance with subsections 
(d) and (e) are not consistent with the require-
ments of those subsections or the fourth 
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amendment to the Constitution of the United 
States, the Court shall issue an order directing 
the Government to, at the Government’s elec-
tion and to the extent required by the Court’s 
order— 
‘‘(i) correct any deficiency identified 
by the Court’s order not later than 30 days 
after the date on which the Court issues 
the order; or 
‘‘(ii) cease, or not begin, the imple-
mentation of the authorization for which 
such certification was submitted. 
‘‘(C) REQUIREMENT FOR WRITTEN STATE-
MENT.—In support of an order under this sub-
section, the Court shall provide, simultaneously 
with the order, for the record a written state-
ment of the reasons for the order. 
‘‘(4) APPEAL.— 
‘‘(A) APPEAL
TO
THE
COURT
OF
RE-
VIEW.—The Government may file a petition 
with the Foreign Intelligence Surveillance Court 
of Review for review of an order under this sub-
section. The Court of Review shall have juris-
diction to consider such petition. For any deci-
sion under this subparagraph affirming, revers-
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ing, or modifying an order of the Foreign Intel-
ligence Surveillance Court, the Court of Review 
shall provide for the record a written statement 
of the reasons for the decision. 
‘‘(B) 
CONTINUATION
OF
ACQUISITION 
PENDING REHEARING OR APPEAL.—Any acqui-
sition affected by an order under paragraph 
(3)(B) may continue— 
‘‘(i) during the pendency of any re-
hearing of the order by the Court en banc; 
and 
‘‘(ii) if the Government files a petition 
for review of an order under this section, 
until the Court of Review enters an order 
under subparagraph (C). 
‘‘(C) 
IMPLEMENTATION
PENDING
AP-
PEAL.—Not later than 60 days after the filing 
of a petition for review of an order under para-
graph (3)(B) directing the correction of a defi-
ciency, the Court of Review shall determine, 
and enter a corresponding order regarding, 
whether all or any part of the correction order, 
as issued or modified, shall be implemented 
during the pendency of the review. 
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‘‘(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 subpara-
graph (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) REAUTHORIZATION
OF
AUTHORIZA-
TIONS
IN
EFFECT.—If the Attorney General 
and the Director of National Intelligence seek 
to reauthorize or replace an authorization 
issued under subsection (a), the Attorney Gen-
eral and the Director of National Intelligence 
shall, to the extent practicable, submit to the 
Court the certification prepared in accordance 
with subsection (g) and the procedures adopted 
in accordance with subsections (d) and (e) at 
least 30 days prior to the expiration of such au-
thorization. 
‘‘(B) REAUTHORIZATION OF ORDERS, AU-
THORIZATIONS, AND
DIRECTIVES.—If the At-
torney General and the Director of National In-
telligence seek to reauthorize or replace an au-
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thorization issued under subsection (a) by filing 
a certification pursuant to subparagraph (A), 
that authorization, and any directives issued 
thereunder and any order related thereto, shall 
remain in effect, notwithstanding the expiration 
provided for in subsection (a), until the Court 
issues an order with respect to such certifi-
cation under paragraph (3) at which time the 
provisions of that paragraph and paragraph (4) 
shall apply with respect to such certification. 
‘‘(j) JUDICIAL PROCEEDINGS.— 
‘‘(1) EXPEDITED JUDICIAL PROCEEDINGS.—Ju-
dicial proceedings under this section shall be con-
ducted as expeditiously 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 as necessary for good 
cause in a manner consistent with national security. 
‘‘(k) MAINTENANCE
AND SECURITY
OF RECORDS 
AND PROCEEDINGS.— 
‘‘(1) STANDARDS.—The Foreign Intelligence 
Surveillance Court shall maintain a record of a pro-
ceeding under this section, including petitions, ap-
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peals, orders, and statements of reasons for a deci-
sion, under security measures adopted by the Chief 
Justice of the United States, in consultation with 
the Attorney 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 
camera any Government submission, or portions of 
a submission, which may include classified informa-
tion. 
‘‘(3) RETENTION OF RECORDS.—The Attorney 
General and the Director of National Intelligence 
shall retain a directive or an order issued under this 
section for a period of not less than 10 years from 
the date on which such directive or such order is 
issued. 
‘‘(l) ASSESSMENTS AND REVIEWS.— 
‘‘(1) SEMIANNUAL ASSESSMENT.—Not less fre-
quently than once every 6 months, the Attorney 
General and Director of National Intelligence shall 
assess compliance with the targeting and minimiza-
tion procedures adopted in accordance with sub-
sections (d) and (e) and the guidelines adopted in 
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accordance with subsection (f) and shall submit each 
assessment to— 
‘‘(A) the Foreign Intelligence Surveillance 
Court; and 
‘‘(B) consistent with the Rules of the 
House of Representatives, the Standing Rules 
of the Senate, and Senate Resolution 400 of the 
94th Congress or any successor Senate resolu-
tion— 
‘‘(i) 
the 
congressional 
intelligence 
committees; and 
‘‘(ii) the Committees on the Judiciary 
of the House of Representatives and the 
Senate. 
‘‘(2) AGENCY
ASSESSMENT.—The Inspector 
General of the Department of Justice and the In-
spector General of each element of the intelligence 
community authorized to acquire foreign intelligence 
information under subsection (a), with respect to the 
department or element of such Inspector General— 
‘‘(A) are authorized to review compliance 
with the targeting and minimization procedures 
adopted in accordance with subsections (d) and 
(e) and the guidelines adopted in accordance 
with subsection (f); 
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‘‘(I) the congressional intelligence 
committees; and 
‘‘(II) the Committees on the Ju-
diciary of the House of Representa-
tives and the Senate. 
‘‘(3) ANNUAL REVIEW.— 
‘‘(A) REQUIREMENT
TO
CONDUCT.—The 
head of each element of the intelligence commu-
nity conducting an acquisition authorized under 
subsection (a) shall conduct an annual review to 
determine whether there is reason to believe 
that foreign intelligence information has been 
or will be obtained from the acquisition. The 
annual review shall provide, with respect to ac-
quisitions authorized under subsection (a)— 
‘‘(i) an accounting of the number of 
disseminated 
intelligence 
reports 
con-
taining a reference to a United States-per-
son identity; 
‘‘(ii) an accounting of the number of 
United 
States-person 
identities 
subse-
quently disseminated by that element in re-
sponse to requests for identities that were 
not referred to by name or title in the 
original reporting; 
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‘‘(iii) the number of targets that were 
later determined to be located in the 
United States and, to the extent possible, 
whether communications of such targets 
were reviewed; and 
‘‘(iv) a description of any procedures 
developed by the head of such element of 
the intelligence community and approved 
by the Director of National Intelligence to 
assess, in a manner consistent with na-
tional security, operational requirements 
and the privacy interests of United States 
persons, the extent to which the acquisi-
tions authorized under subsection (a) ac-
quire the communications of United States 
persons, and the results of any such as-
sessment. 
‘‘(B) USE OF REVIEW.—The head of each 
element of the intelligence community that con-
ducts an annual review under subparagraph (A) 
shall use each such review to evaluate the ade-
quacy of the minimization procedures utilized 
by such element and, as appropriate, the appli-
cation of the minimization procedures to a par-
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ticular acquisition authorized under subsection 
(a). 
‘‘(C) PROVISION OF REVIEW.—The head of 
each element of the intelligence community that 
conducts an annual review under subparagraph 
(A) shall provide such review to— 
‘‘(i) the Foreign Intelligence Surveil-
lance Court; 
‘‘(ii) the Attorney General; 
‘‘(iii) the Director of National Intel-
ligence; and 
‘‘(iv) consistent with the Rules of the 
House of Representatives, the Standing 
Rules of the Senate, and Senate Resolution 
400 of the 94th Congress or any successor 
Senate resolution— 
‘‘(I) the congressional intelligence 
committees; and 
‘‘(II) the Committees on the Ju-
diciary of the House of Representa-
tives and the Senate. 
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‘‘SEC. 703. CERTAIN ACQUISITIONS INSIDE THE UNITED 
STATES TARGETING UNITED STATES PER-
SONS OUTSIDE THE UNITED STATES. 
‘‘(a) JURISDICTION OF THE FOREIGN INTELLIGENCE 
SURVEILLANCE COURT.— 
‘‘(1) IN
GENERAL.—The Foreign Intelligence 
Surveillance Court shall have jurisdiction to review 
an application and to enter an order approving the 
targeting of a United States person reasonably be-
lieved to be located outside the United States to ac-
quire foreign intelligence information, if the acquisi-
tion constitutes electronic surveillance or the acquisi-
tion of stored electronic communications or stored 
electronic data that requires an order under this 
Act, and such acquisition is conducted within the 
United States. 
‘‘(2) LIMITATION.—If a United States person 
targeted under this subsection is reasonably believed 
to be located in the United States during the effec-
tive period of an order issued pursuant to subsection 
(c), an acquisition targeting such United States per-
son under this section shall cease unless the targeted 
United States person is again reasonably believed to 
be located outside the United States while an order 
issued pursuant to subsection (c) is in effect. Noth-
ing in this section shall be construed to limit the au-
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thority of the Government to seek an order or au-
thorization under, or otherwise engage in any activ-
ity that is authorized under, any other title of this 
Act. 
‘‘(b) APPLICATION.— 
‘‘(1) IN
GENERAL.—Each application for an 
order under this section shall be made by a Federal 
officer in writing upon oath or affirmation to a 
judge having jurisdiction under subsection (a)(1). 
Each application shall require the approval of the 
Attorney General based upon the Attorney General’s 
finding that it satisfies the criteria and requirements 
of such application, as set forth in this section, and 
shall include— 
‘‘(A) the identity of the Federal officer 
making the application; 
‘‘(B) the identity, if known, or a descrip-
tion of the United States person who is the tar-
get of the acquisition; 
‘‘(C) a statement of the facts and cir-
cumstances relied upon to justify the appli-
cant’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 
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‘‘(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 meet the definition of mini-
mization procedures under section 101(h) or 
301(4), as appropriate; 
‘‘(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 
information sought to be foreign intel-
ligence information; 
‘‘(ii) a significant purpose of the ac-
quisition is to obtain foreign intelligence 
information; 
‘‘(iii) such information cannot reason-
ably be obtained by normal investigative 
techniques; 
‘‘(iv) designates the type of foreign in-
telligence information being sought accord-
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‘‘(E) any actions taken to challenge or en-
force a directive under paragraph (4) or (5) of 
section 702(h); 
‘‘(F) any compliance reviews conducted by 
the Attorney General or the Director of Na-
tional Intelligence of acquisitions authorized 
under section 702(a); 
‘‘(G) a description of any incidents of non-
compliance— 
‘‘(i) with a directive issued by the At-
torney General and the Director of Na-
tional Intelligence under section 702(h), 
including incidents of noncompliance by a 
specified person to whom the Attorney 
General and Director of National Intel-
ligence issued a directive under section 
702(h); and 
‘‘(ii) by an element of the intelligence 
community with procedures and guidelines 
adopted in accordance with subsections 
(d), (e), and (f) of section 702; and 
‘‘(H) any procedures implementing section 
702; 
‘‘(2) with respect to section 703— 
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