U.S. Congress - Text of H.R.3773 as Engrossed Amendment House RESTORE Act of 2007
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To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 4,801 | n/a | n/a |
| Reported in House | 11,364 | 52 | 66% |
| Engrossed in House | 7,905 | 132 | 61% |
| Placed on Calendar Senate | 8,191 | 8 | 0% |
| Engrossed Amendment Senate | 17,010 | 657 | 96% |
| Engrossed Amendment House | 21,080 | 646 Show Changes Hide Changes | 56% |
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HR 3773 EAS
Resolved, That the House agree to the amendment of the Senate to the bill from the House of Representatives (H.R. 3773) entitled `An Act to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.', do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert', with the followingCommentsClose CommentsPermalink
HOUSE AMENDMENT TO SENATE AMENDMENT:CommentsClose CommentsPermalink
In lieu of the matter proposed to be inserted by the amendment of the Senate, insert the following:CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008' or the `FISA Amendments Act of 2008'. CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink
TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE
Sec. 101. Additional procedures regarding certain persons outside the United States. CommentsClose CommentsPermalink
Sec. 102. Statement of exclusive means by which electronic surveillance and interception of domesticcertain communications may be conducted. CommentsClose CommentsPermalink
Sec. 103. Submittal to Congress of certain court orders under the Foreign Intelligence Surveillance Act of 1978. CommentsClose CommentsPermalink
Sec. 104. Applications for court orders. CommentsClose CommentsPermalink
Sec. 105. Issuance of an order. CommentsClose CommentsPermalink
Sec. 106. Use of information. CommentsClose CommentsPermalink
Sec. 107. Amendments for physical searches. CommentsClose CommentsPermalink
Sec. 108. Amendments for emergency pen registers and trap and trace devices. CommentsClose CommentsPermalink
Sec. 109. Foreign Intelligence Surveillance Cintelligence surveillance court. CommentsClose CommentsPermalink
Sec. 110. Review of previous actions. CommentsClose CommentsPermalink
Sec. 111. Weapons of mass destruction. CommentsClose CommentsPermalink
Sec. 111. Technical and conforming amendment2. Statute of limitations. CommentsClose CommentsPermalink
TITLE II--PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS OF PERSONS ASSISTING THE GOVERNMENT
Sec. 201. DefinitionStatutory defenses. CommentsClose CommentsPermalink
Sec. 202. Limitations on civil actions for electronic communication service providers.Sec. 203. Procedures for implementing statutory defenses under the Foreign Intelligence Surveillance Act of 1978.Sec. 204. Preemption of State investigations.Sec. 205. Technical amendments. CommentsClose CommentsPermalink
TITLE III--COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES
Sec. 301. Commission on Warrantless Electronic Surveillance Activities. CommentsClose CommentsPermalink
TITLE IV--OTHER PROVISIONS
Sec. 3401. Severability. CommentsClose CommentsPermalink
Sec. 3402. Effective date; repeal; transition procedur. CommentsClose CommentsPermalink
Sec. 403. Repeals. CommentsClose CommentsPermalink
Sec. 404. Transition procedures. CommentsClose CommentsPermalink
Sec. 405. No rights under the FISA Amendments Act of 2008 for undocumented aliens. CommentsClose CommentsPermalink
Sec. 406. Surveillance to protect the United States. CommentsClose CommentsPermalink
TITLE I--FOREIGN INTELLIGENCE SURVEILLANCE
SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES.
(a) In General- The Foreign Intelligence Surveillance Act of 1978 (
(1) by striking title VII; and CommentsClose CommentsPermalink
(2) by adding after title VI the following new title: CommentsClose CommentsPermalink
`TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES
`SEC. 701. LIMITATION ON DEFINITION OF ELECTRONIC SURVEILLANCE.`Nothing in the definition of electronic surveillance under section 101(f) shall be construed to encompass surveillance that is targeted in accordance with this title at a person reasonably believed to be located outside the United States.`SEC. 702. DEFINITIONS.
`(a) In General- The terms `agent of a foreign power', `Attorney General', `contents', `electronic surveillance', `foreign intelligence information', `foreign power', `minimization procedures', `person', `United States', and `United States person' shallhave the meanings given such terms in section 101, except as specifically provided in this title. CommentsClose CommentsPermalink
`(b) Additional Definitions- CommentsClose CommentsPermalink
`(1) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term `congressional intelligence committees' means-- CommentsClose CommentsPermalink
`(A) the Select Committee on Intelligence of the Senate; and CommentsClose CommentsPermalink
`(B) the Permanent Select Committee on Intelligence of the House of Representatives. CommentsClose CommentsPermalink
`(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT; COURT- The terms `Foreign Intelligence Surveillance Court' and `Court' mean the court established by section 103(a). CommentsClose CommentsPermalink
`(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). CommentsClose CommentsPermalink
`(4) ELECTRONIC COMMUNICATION SERVICE PROVIDER- The term `electronic communication service provider' means-- CommentsClose CommentsPermalink
`(A) a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (
`(B) a provider of electronic communication service, as that term is defined in
`(C) a provider of a remote computing service, as that term is defined in
`(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored; or CommentsClose CommentsPermalink
`(E) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), or (D). CommentsClose CommentsPermalink
`(5) ELEMENT OF THE INTELLIGENCE COMMUNITY- The term `element of the intelligence community' means an element of the intelligence community specified in or designated underintelligence community' has the meaning given the term in section 3(4) of the National Security Act of 1947 (
`SEC. 7032. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED STATES OTHER THAN UNITED STATES PERSONS.
`(a) Authorization- Notwithstanding any other law, the Attorney General and the Director of National Intelligence mayprovision 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 National Intelligence may authorize jointly, for periodsa 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 information. CommentsClose CommentsPermalink
`(b) Limitations- An acquisition authorized under subsection (a)-- CommentsClose CommentsPermalink
`(1) may not intentionally target any person known at the time of acquisition to be located in the United States; CommentsClose CommentsPermalink
`(2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition isn order to target a particular, known person reasonably believed to be in the United States, except in accordance with title I or title III; CommentsClose CommentsPermalink
`(3) may not intentionally target a United States person reasonably believed to be located outside the United States, except in accordance with sections 704, 705, or 706;`(4) shall; CommentsClose CommentsPermalink
`(4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and CommentsClose CommentsPermalink
`(5) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States. CommentsClose CommentsPermalink
`(c) Conduct of Acquisition- An acquisition authorized under subsection (a) may be conducted only in accordance with-- CommentsClose CommentsPermalink
`(1) a certification made by the Attorney General and the Director of National Intelligence pursuant to subsection (f); and`(2) the targeting and minimization procedurg) or a determination under paragraph (1)(B) of such subsection; and CommentsClose CommentsPermalink
`(2) the procedures and guidelines required pursuant to subsections (d) and (e, (e), and (f). CommentsClose CommentsPermalink
`(d) Targeting Procedures- CommentsClose CommentsPermalink
`(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. CommentsClose CommentsPermalink
`(2) JUDICIAL REVIEW- The procedures referred to inquired by paragraph (1) shall be subject to judicial review pursuant to subsection (h).`(e) i). CommentsClose CommentsPermalink
`(e) Minimization Procedures- CommentsClose CommentsPermalink
`(1) REQUIREMENT TO ADOPT- The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures thatfor acquisitions authorized under subsection (a) that-- CommentsClose CommentsPermalink
`(A) in the case of electronic surveillance, meet the definition of minimization procedures under section 101(h) or section 301(4) for acquisitions authorized under subsection (a; and CommentsClose CommentsPermalink
`(B) in the case of a physical search, meet the definition of minimization procedures under section 301(4). CommentsClose CommentsPermalink
`(2) JUDICIAL REVIEW- The minimization procedures required by this subsectionparagraph (1) shall be subject to judicial review pursuant to subsection (h).`(f) Certification-`(1)i). CommentsClose CommentsPermalink
`(f) Guidelines for Compliance With Limitations- CommentsClose CommentsPermalink
`(1) REQUIREMENT TO ADOPT- The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure-- CommentsClose CommentsPermalink
`(A) compliance with the limitations in subsection (b); and CommentsClose CommentsPermalink
`(B) that an application is filed under section 104 or 303, if required by this Act. CommentsClose CommentsPermalink
`(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 consideration of whether-- CommentsClose CommentsPermalink
`(A) the department or agency of the Federal Government conducting the acquisition has made an inquiry to another department or agency of the Federal Government to gather information on the specific United States person; CommentsClose CommentsPermalink
`(B) the department or agency of the Federal Government conducting the acquisition has provided information that identifies the specific United States person to another department or agency of the Federal Government; CommentsClose CommentsPermalink
`(C) the department or agency of the Federal Government conducting the acquisition determines that the specific United States person has been the subject of ongoing interest or repeated investigation by a department or agency of the Federal Government; and CommentsClose CommentsPermalink
`(D) the specific United States person is a natural person. CommentsClose CommentsPermalink
`(3) TRAINING- The Director of National Intelligence shall establish a training program for appropriate personnel of the intelligence community to ensure that the guidelines adopted pursuant to paragraph (1) are properly implemented. CommentsClose CommentsPermalink
`(4) SUBMISSION TO CONGRESS AND FOREIGN INTELLIGENCE SURVEILLANCE COURT- The Attorney General shall submit the guidelines adopted pursuant to paragraph (1) to-- CommentsClose CommentsPermalink
`(A) the congressional intelligence committees; CommentsClose CommentsPermalink
`(B) the Committees on the Judiciary of the House of Representatives and the Senate; and CommentsClose CommentsPermalink
`(C) the Foreign Intelligence Surveillance Court. CommentsClose CommentsPermalink
`(g) Certification- CommentsClose CommentsPermalink
`(1) IN GENERAL- CommentsClose CommentsPermalink
`(A) REQUIREMENT- Subject to subparagraph (B), prior to the initiation of an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence shallif the Attorney General and the Director 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. CommentsClose CommentsPermalink
`(B) EXCEPTION- If the Attorney General and the Director of National Intelligence determine thatMERGENCY AUTHORIZATION- If the Attorney General and the Director of National Intelligence determine that an emergency situation exists, immediate action by the Government is required and, and time does not permit the preparation of a certification under this subsection completion of judicial review pursuant to subsection (i) prior to the initiation of an acquisition, the Attorney General and the Director of National Intelligence shall prepare such certification, including such determination, as may authorize the acquisition and shall submit to the Foreign Intelligence Surveillance Court a certification under this subsection as soon as possible but in no event more than 7 days after such determination is made. CommentsClose CommentsPermalink
`(2) REQUIREMENTS- A certification made under this subsection shall-- CommentsClose CommentsPermalink
`(A) attest that-- CommentsClose CommentsPermalink
`(i) there are reasonable procedures in place for determining that the acquisition authorized under subsection (a)-- CommentsClose CommentsPermalink
`(I) is targeted at persons reasonably believed to be located outside the United States and that such proceduressuch procedures have been approved by, or will be submitted in not more than 5 days for approval by, the Foreign Intelligence Surveillance Court pursuant to subsection (h);`(ii) there are reasonable procedures in place for determining that the acquisition authorized under subsection (a)submitted to the Foreign Intelligence Surveillance Court; and CommentsClose CommentsPermalink
`(II) 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, and that such proceduressuch procedures have been submitted to the Foreign Intelligence Surveillance Court; CommentsClose CommentsPermalink
`(ii) guidelines have been approved by, or will be submitted in not more than 5 days for approval by, the Foreign Intelligence Surveillance Court pursuant to subsection (h);`(iii) the procedurdopted in accordance with subsection (f) to ensure compliance with the limitations in subsection (b) and to ensure that applications are filed under section 104 or section 303, if required by this Act; CommentsClose CommentsPermalink
`(iii) the minimization procedures to be used with respect to such acquisition-- CommentsClose CommentsPermalink
`(I) meet the definition of minimization procedures under section 101(h) or section 301(4) in accordance with subsection (e); and CommentsClose CommentsPermalink
`(II) have been submitted to the Foreign Intelligence Surveillance Court; CommentsClose CommentsPermalink
`(iv) the procedures and guidelines referred to in clauses (i) and (, (ii), and (iii) are consistent with the requirements of the fourth amendment to the Constitution of the United States and do not permit the intentional targeting of any person who is known at the time of acquisition to be located in the United States or the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of acquisition to be located in the United States; CommentsClose CommentsPermalink
`(iv) a significant purpose of the acquisition is to obtain foreign intelligence information; CommentsClose CommentsPermalink
`(v) the minimization procedures to be used with respect to such acquisition--`(I) meet the definition of minimization procedures under section 101(h) or section 301(4); and`(II) have been approved by, or will be submitted in not more than 5 days for approval by, the Foreign Intelligence Surveillance Court pursuant to subsection (h);`(vi) the acquisition involves obtaining the foreign intelligence information from or with the assistance of an electronic communication service provider; and CommentsClose CommentsPermalink
`(vii) the acquisition does not constitute electronic surveillance, as limited by section 701; andcomplies with the limitations in subsection (b); CommentsClose CommentsPermalink
`(B) be supported, as appropriate, by the affidavit of any appropriate official in the area of national security who is-- CommentsClose CommentsPermalink
`(i) appointed by the President, by and with the consent of the Senate; or CommentsClose CommentsPermalink
`(ii) the head of any element of the intelligence community.`(3) ; and CommentsClose CommentsPermalink
`(C) include-- CommentsClose CommentsPermalink
`(i) an effective date for the authorization that is between 30 and 60 days from the submission of the written certification to the court; or CommentsClose CommentsPermalink
`(ii) if the acquisition has begun or will begin in less than 30 days from the submission of the written certification to the court-- CommentsClose CommentsPermalink
`(I) the date the acquisition began or the effective date for the acquisition; CommentsClose CommentsPermalink
`(II) a description of why implementation was required in less than 30 days from the submission of the written certification to the court; and CommentsClose CommentsPermalink
`(III) if the acquisition is authorized under paragraph (1)(B), the basis for the determination that an emergency situation exists, immediate action by the government is required, and time does not permit the completion of judicial review prior to the initiation of the acquisition. CommentsClose CommentsPermalink
`(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 directed or conducted. CommentsClose CommentsPermalink
`(4) SUBMISSION TO THE COURT- The Attorney General shall transmit a copy of a certification made under this subsection, and any supporting affidavit, under seal to the Foreign Intelligence Surveillance Court as soon as possible, but in no event more than 5 days after such certification is made. Such certification shall be maintainedbefore 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. CommentsClose CommentsPermalink
`(5) REVIEW- The certification required by this subsection shall beA certification submitted pursuant to this subsection shall be subject to judicial review pursuant to subsection (h).`(g) i). CommentsClose CommentsPermalink
`(h) Directives and Judicial Review of Directives- CommentsClose CommentsPermalink
`(1) AUTHORITY- With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence mayPursuant 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 National Intelligence may direct, in writing, an electronic communication service provider to-- CommentsClose CommentsPermalink
`(A) immediately provide the Government with all information, facilities, or assistance necessary 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 service provider is providing to the target of the acquisition; and CommentsClose CommentsPermalink
`(B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain. CommentsClose CommentsPermalink
`(2) COMPENSATION- The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance pursuant to paragraph (1). CommentsClose CommentsPermalink
`(3) 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 assistance in accordance with a directive issued pursuant to paragraph (1). CommentsClose CommentsPermalink
`(4) CHALLENGING OF DIRECTIVES- CommentsClose CommentsPermalink
`(A) AUTHORITY TO CHALLENGE- An electronic 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. CommentsClose CommentsPermalink
`(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. CommentsClose CommentsPermalink
`(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 unlawful. CommentsClose CommentsPermalink
`(D) PROCEDURES FOR INITIAL REVIEW- A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned a petition described in subparagraph (C)such petition. If the judge determines that the petition consistsdoes not consist of claims, defenses, or other legal contentions that are not warranted by existing law or by, a nonfrivolous argument for extending, modifying, or reversing existing law or f, 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. CommentsClose CommentsPermalink
`(E) PROCEDURES FOR PLENARY REVIEW- If a judge determines that a petition described in subparagraph (C)filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of that petition not later than 30 days after being assigned the petition, unless the judge, by order for reasons stated, extends that time as necessary to comport with the due process clause of the fifth amendment to the Constitution of the United States. Unless the judge sets. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive,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 determination under this subparagraph. CommentsClose CommentsPermalink
`(F) CONTINUED EFFECT- Any directive not explicitly modified or set aside under this paragraph shall remain in full effect. CommentsClose CommentsPermalink
`(G) CONTEMPT OF COURT- Failure to obey an order of the Court issued under this paragraph may be punished by the Court as contempt of court. CommentsClose CommentsPermalink
`(5) ENFORCEMENT OF DIRECTIVES- CommentsClose CommentsPermalink
`(A) ORDER TO COMPEL- In the case of a failuref 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 compliancethe electronic communication service provider to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such a petition. CommentsClose CommentsPermalink
`(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 by section 103(e)(1) not later than 24 hours after the filing of the petition. CommentsClose CommentsPermalink
`(C) STANDARDPROCEDURES FOR REVIEW- A judge considering a petition filed under subparagraph (A) shall 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 section, and is otherwise lawful.`(D) PROCEDURES FOR REVIEW- The judge shall render a determination not later than 30 days after being assigned a petition filed under subparagraph (A), unless the judge, by order for reasons stated, extends that time if necessary to comport with the due process clause of the fifth amendment to the Constitution of the United Statesthe petition if the judge finds that the directive meets the requirements of this section and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph. CommentsClose CommentsPermalink
`(ED) CONTEMPT OF COURT- Failure to obey an order of the Court issued under this paragraph may be punished by the Court as contempt of court. CommentsClose CommentsPermalink
`(FE) PROCESS- Any process under this paragraph may be served in any judicial district in which the electronic communication service provider may be found. CommentsClose CommentsPermalink
`(6) APPEAL- CommentsClose CommentsPermalink
`(A) APPEAL TO THE COURT OF REVIEW- The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveillance Court of Review for review of thea decision issued pursuant to paragraph (4) or (5). The Court of Review shall have jurisdiction to consider such a petition and shall provide a written statement for the record of the reasons for a decision under this paragraph. CommentsClose CommentsPermalink
`(B) CERTIORARI TO THE SUPREME COURT- The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of the 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. CommentsClose CommentsPermalink
`(hi) Judicial Review of Certifications and Procedures- CommentsClose CommentsPermalink
`(1) IN GENERAL- CommentsClose CommentsPermalink
`(A) REVIEW BY THE FOREIGN INTELLIGENCE SURVEILLANCE COURT- The Foreign Intelligence Surveillance Court shall have jurisdiction to review any certification required by subsection (csubmitted pursuant to subsection (g) and the targeting and minimization procedures adopted pursuant torequired by subsections (d) and (e). CommentsClose CommentsPermalink
`(B) SUBMISSION TO THE COURT- The Attorney General shall submit to the Court any such certification or procedure, or amendment thereto,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 5 days after making or amending the certification or adopting or amending the procedures.`(2) CERTIFICATIONS- The Court shall review a certification provided under subsection (f30 days after the date on which a certification is submitted. CommentsClose CommentsPermalink
`(2) REVIEW- The Court shall review the following: CommentsClose CommentsPermalink
`(A) CERTIFICATIONS- A certification submitted pursuant to subsection (g) to determine whether the certification contains all the required elements. CommentsClose CommentsPermalink
`(3B) TARGETING PROCEDURES- The Court shall review the targeting procedures required by subsection (d) to assess whether the procedures are reasonably designed to ensure that the acquisition authorized under subsection (a) is limited to the targeting of 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. CommentsClose CommentsPermalink
`(4C) MINIMIZATION PROCEDURES- The Court shall review the minimization minimization procedures required by subsection (e) to assess whether such procedures meet the definition of minimization procedures under section 101(h) or section 301(4).`(5) ORDERS-`(A) APPROVAL- If the Court finds that a certification required by subsection (f) in accordance with subsection (e). CommentsClose CommentsPermalink
`(3) ORDERS- CommentsClose CommentsPermalink
`(A) APPROVAL- If the Court finds that a certification submitted pursuant to subsection (g) contains all of the required elements and that the targeting and minimization procedures required by subsections (d) and (e) are consistent with the requirements of those subsections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the continuedertification and the use of the procedures for the acquisition authorized under subsection (a).`(B). CommentsClose CommentsPermalink
`(B) CORRECTION OF DEFICIENCIES- If the Court finds that a certification required by subsection (f) submitted pursuant to subsection (g) does not contain all of the required elements, 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 Constitution of the United States, the Court shall -- CommentsClose CommentsPermalink
`(i) in the case of a certification submitted 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 deficiency; and CommentsClose CommentsPermalink
`(ii) in the case of a certification submitted in accordance with subsection (g)(1)(B), the Court shall issue an order directing the Government to, at the Government's election and to the extent required by the Court's order-- CommentsClose CommentsPermalink
`(iI) correct any deficiency identified by the Court's order not not later than 30 days after the date the Court issues the order; or CommentsClose CommentsPermalink
`(ii) cease the acquisition authorized under subsection (a).`(C)II) cease the acquisition authorized under subsection (g)(1)(B). CommentsClose CommentsPermalink
`(C) REQUIREMENT FOR WRITTEN STATEMENT- In support of its orders under this subsection, the Court shall provide, simultaneously with the orders, for the record a written statement of its reasons. CommentsClose CommentsPermalink
`(6) APPEAL-`(A)4) APPEAL- CommentsClose CommentsPermalink
`(A) APPEAL TO THE COURT OF REVIEW- The Government may appeal any order under this section to the Foreign Intelligence Surveillance Court of Review, which shall have jurisdiction to review such order. For any decision affirming, 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. CommentsClose CommentsPermalink
`(B) CONTINUATION OF ACQUISITION PENDING REHEARING OR APPEAL- Any acquisitions affected by an order under paragraph (5)(B3)(B)(ii) may continue-- CommentsClose CommentsPermalink
`(i) during the pendency of any rehearing of the order by the Court en banc; and CommentsClose CommentsPermalink
`(ii) if the Government appeals an order under this section, subject to subparagraph (C), until the Court of Review enters an order under subparagraph (CA). CommentsClose CommentsPermalink
`(C) IMPLEMENTATION OF EMERGENCY AUTHORITY PENDING APPEAL- Not later than 60 days after the filing of an appeal of an order under paragraph (5)(Bissued 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 correction order, as issued or modified, shall be implemented 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. CommentsClose CommentsPermalink
`(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. CommentsClose CommentsPermalink
`(5) SCHEDULE- CommentsClose CommentsPermalink
`(A) REPLACEMENT OF AUTHORIZATIONS IN EFFECT- If the Attorney General and the Director 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 (
`(B) REAUTHORIZATION OF AUTHORIZATIONS IN EFFECT- If the Attorney General and the Director of National Intelligence seek to replace an authorization issued pursuant to this section, the Attorney General 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 prior to the expiration of such authorization. CommentsClose CommentsPermalink
`(C) CONSOLIDATED SUBMISSIONS- The Attorney General and Director of National Intelligence shall, to the extent practicable, annually submit to the Court a consolidation of-- CommentsClose CommentsPermalink
`(i) Expeditedcertifications under subsection (g) for reauthorization of authorizations in effect; CommentsClose CommentsPermalink
`(ii) the procedures required by subsections (d), (e), and (f); and CommentsClose CommentsPermalink
`(iii) the annual review required by subsection (l)(3) for the preceding year. CommentsClose CommentsPermalink
`(D) TIMING OF REVIEWS- The Attorney General and the Director of National Intelligence shall, to the extent practicable, schedule the completion of the annual review under subsection (l)(3) and a semiannual assessment under subsection (l)(1) so that they may be submitted to the Court at the time of the consolidated submission under subparagraph (C). CommentsClose CommentsPermalink
`(E) CONSTRUCTION- The requirements of subparagraph (C) shall not be construed to preclude the Attorney General and the Director of National Intelligence from submitting certifications for additional authorizations at other times during the year as necessary. CommentsClose CommentsPermalink
`(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 Surveillance Court may assess compliance with the minimization procedures required by subsection (e) by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. CommentsClose CommentsPermalink
`(j) Judicial Proceedings- CommentsClose CommentsPermalink
`(1) EXPEDITED PROCEEDINGS- Judicial proceedings under this section shall be conducted as expeditiously as possible. CommentsClose CommentsPermalink
`(j2) 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. CommentsClose CommentsPermalink
`(k) Maintenance and Security of Records and Proceedings- CommentsClose CommentsPermalink
`(1) STANDARDS- AThe Foreign Intelligence Surveillance Court shall maintain a record of a proceeding under this section, including petitions filed, orders granted, and statements of reasons for decision, shall be maintained under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence. CommentsClose CommentsPermalink
`(2) FILING AND REVIEW- All petitions under this section shall be filed under seal. In any proceedings under this section, the court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information. CommentsClose CommentsPermalink
`(3) RETENTION OF RECORDS- A directive made or an orderThe Director of National Intelligence and the Attorney General shall retain a directive made or an order granted under this section shall be retained for a period of not less than 10 years from the date on which such directive or such order is made. CommentsClose CommentsPermalink
`(kl) Assessments and Reviews- CommentsClose CommentsPermalink
`(1) SEMIANNUAL ASSESSMENT- Not less frequently than once every 6 months, the Attorney General and Director of National Intelligence shall assess compliance with the targeting and minimization procedurprocedures and guidelines required by subsections (e)d), (e), and (f) and shall submit each such assessment to-- CommentsClose CommentsPermalink
`(A) the Foreign Intelligence Surveillance Court; and`(B) the congressional intelligence committees; CommentsClose CommentsPermalink
`(B) the Committees on the Judiciary of the House of Representatives and the Senate; and CommentsClose CommentsPermalink
`(C) the Foreign Intelligence Surveillance Court. CommentsClose CommentsPermalink
`(2) AGENCY ASSESSMENT- The Inspectors General of the Department of Justice and of anyeach element of the intelligence community authorized to acquire foreign intelligence information under subsection (a) with respect to their department, agency, or, with respect to such Department or such element-- CommentsClose CommentsPermalink
`(A) are authorized to review the compliance with the targeting and minimization procedurcompliance with the procedures and guidelines required by subsections (d) and (e, (e), and (f); CommentsClose CommentsPermalink
`(B) with respect to acquisitions authorized under subsection (a), shall review the number of disseminated intelligence reports containing a reference to a United States person identity and the number of United States person identities subsequently disseminated by the element concerned in response to requests for identities that were not referred to by name or title in the original reporting; CommentsClose CommentsPermalink
`(C) with respect to acquisitions authorized under subsection (a), shall review the number of targets that were later determined to be located in the United States and, to the extent possible, whether their communications were reviewed; and CommentsClose CommentsPermalink
`(D) shall provide each such review to-- CommentsClose CommentsPermalink
`(i) the Attorney General; CommentsClose CommentsPermalink
`(ii) the Director of National Intelligence; CommentsClose CommentsPermalink
and`(iii) the congressional intelligence committees; CommentsClose CommentsPermalink
`(iv) the Committees on the Judiciary of the House of Representatives and the Senate; and CommentsClose CommentsPermalink
`(v) the Foreign Intelligence Surveillance Court. CommentsClose CommentsPermalink
`(3) ANNUAL REVIEW- CommentsClose CommentsPermalink
`(A) REQUIREMENT TO CONDUCT- The head of aneach element of the intelligence community conducting an acquisition authorized under subsection (a) shall direct the element to 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 such acquisitions authorized under subsection (a)-- CommentsClose CommentsPermalink
`(i) an accounting of the numberthe number and nature of disseminated intelligence reports containing a reference to a United States person identity; CommentsClose CommentsPermalink
`(ii) an accounting of the numberthe number and nature of United States person identities subsequently disseminated by that element in response to requests for identities that were not referred to by name or title in the original reporting; CommentsClose CommentsPermalink
`(iii) the number of targets that were later determined to be located in the United States and, to the extent possible, whether their communications were reviewed; and CommentsClose CommentsPermalink
`(iv) a description of any procedures developed by the head of ansuch element of the intelligence community and approved by the Director of National Intelligence to assess, in a manner consistent with national security, operational requirements and the privacy interests of United States persons, the extent to which the acquisitions authorized under subsection (a) acquire the communications of United States persons, as well asnd the results of any such assessment. CommentsClose CommentsPermalink
`(B) USE OF REVIEW- The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall use each such review to evaluate the adequacy of the minimization procedures utilized by such element or the application of the minimization procedures to a particular acquisition authorized under subsection (a). CommentsClose CommentsPermalink
`(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-- CommentsClose CommentsPermalink
`(i) the Foreign Intelligence Surveillance Court; CommentsClose CommentsPermalink
`(ii) the Attorney General; CommentsClose CommentsPermalink
`(iii) the Director of National Intelligence; CommentsClose CommentsPermalink
and`(iv) the congressional intelligence committees; and CommentsClose CommentsPermalink
`(v) the Committees on the Judiciary of the House of Representatives and the Senate. CommentsClose CommentsPermalink
`(m) 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 section at a person reasonably believed to be located outside the United States. CommentsClose CommentsPermalink
`SEC. 7043. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES OF UNITED STATES PERSONS OUTSIDE THE UNITED STATES.
`(a) Jurisdiction of the Foreign Intelligence Surveillance Court- CommentsClose CommentsPermalink
`(1) IN GENERAL- The Foreign Intelligence Surveillance Court shall have jurisdiction to review an application and enter an order approving the targeting of a United States person reasonably believed to be located outside the United States to acquire foreign intelligence information, if such acquisition if the acquisition constitutes electronic surveillance (as defined in section 101(f), regardless of the limitation of section 701) or the acquisition ofor the acquisition of stored electronic communications or stored electronic data that requires an order under this Act, and such acquisition is conducted within the United States. CommentsClose CommentsPermalink
`(2) LIMITATION- In the event thatf a United States person targeted under this subsection is reasonably believed to be located in the United States during the pendency of an order issued pursuant to subsection (c), such acquisition shall cease untilless authority, other than under this section, is obtained pursuant to this Act or the targeted United States person is again reasonably believed to be located outside the United States during the pendency of an order issued pursuant to subsection (c). CommentsClose CommentsPermalink
`(b) Application- CommentsClose CommentsPermalink
`(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-- CommentsClose CommentsPermalink
`(A) the identity of the Federal officer making the application; CommentsClose CommentsPermalink
`(B) the identity, if known, or a description of the United States person who is the target of the acquisition; CommentsClose CommentsPermalink
`(C) a statement of the facts and circumstances relied upon to justify the applicant's belief that the United States person who is the target of the acquisition is-- CommentsClose CommentsPermalink
`(i) a person reasonably believed to be located outside the United States; and CommentsClose CommentsPermalink
`(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power; CommentsClose CommentsPermalink
`(D) a statement of the proposed minimization procedures that-- CommentsClose CommentsPermalink
`(i) in the case of electronic surveillance, meet the definition of minimization procedures under section 101(h) orin section 101(h); and CommentsClose CommentsPermalink
`(ii) in the case of a physical search, meet the definition of minimization procedures in section 301(4); CommentsClose CommentsPermalink
`(E) a description of the nature of the information sought and the type of communications or activities to be subjected to acquisition; CommentsClose CommentsPermalink
`(F) a certification made by the Attorney General or an official specified in section 104(a)(6) that-- CommentsClose CommentsPermalink
`(i) the certifying official deems the information sought to be foreign intelligence information; CommentsClose CommentsPermalink
`(ii) a significant purpose of the acquisition is to obtain foreign intelligence information; CommentsClose CommentsPermalink
`(iii) such information cannot reasonably be obtained by normal investigative techniques; CommentsClose CommentsPermalink
`(iv) designatidentifies the type of foreign intelligence information being sought according to the categories described in section each subparagraph of section 101(e); and CommentsClose CommentsPermalink
`(v) includes a statement of the basis for the certification that-- CommentsClose CommentsPermalink
`(I) the information sought is the type of foreign intelligence information designated; and CommentsClose CommentsPermalink
`(II) such information cannot reasonably be obtained by normal investigative techniques; CommentsClose CommentsPermalink
`(G) a summary statement of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; CommentsClose CommentsPermalink
`(H) the identity of any electronic communication service provider necessary to effect the acquisition, provided, however, that the application is not required to identify the specific facilities, places, premises, or property at which the acquisition authorized under this section will be directed or conducted; CommentsClose CommentsPermalink
`(I) a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application; and CommentsClose CommentsPermalink
`(J) a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application. CommentsClose CommentsPermalink
`(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. CommentsClose CommentsPermalink
`(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). CommentsClose CommentsPermalink
`(c) Order- CommentsClose CommentsPermalink
`(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-- CommentsClose CommentsPermalink
`(A) the application has been made by a Federal officer and approved by the Attorney General; CommentsClose CommentsPermalink
`(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-- CommentsClose CommentsPermalink
`(i) a person reasonably believed to be located outside the United States; and CommentsClose CommentsPermalink
`(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power; CommentsClose CommentsPermalink
`(C) the proposed minimization procedures-- CommentsClose CommentsPermalink
`(i) in the case of electronic surveillance, meet the definition of minimization procedures under section 101(h) or section 301(4); and`(D) the application whichin section 101(h); and CommentsClose CommentsPermalink
`(ii) in the case of a physical search, meet the definition of minimization procedures in section 301(4); CommentsClose CommentsPermalink
`(D) the application that has been filed contains all statements and certifications required 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 furnished under subsection (b)(3). CommentsClose CommentsPermalink
`(2) PROBABLE CAUSE- In determining whether or not probable cause exists for purposes of an order under paragraph (1paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target, as well as and facts and circumstances relating to current or future activities of the target. However, nNo United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States. CommentsClose CommentsPermalink
`(3) REVIEW- CommentsClose CommentsPermalink
`(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). CommentsClose CommentsPermalink
`(B) REVIEW OF PROBABLE CAUSE- If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause to issue an order under paragraph (1under 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 clausesubparagraph pursuant to subsection (f). CommentsClose CommentsPermalink
`(C) REVIEW OF MINIMIZATION PROCEDURES- If the judge determines that the proposed minimization procedures required underferred to in paragraph (1)(C) do not meet the definition of minimization procedures under section 101(h) or section 301(4),as required under such paragraph the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this clause pursuant to subsection (f).`(D) REVIEW OF CERTIFICATION- If the judge subparagraph pursuant to subsection (f). CommentsClose CommentsPermalink
`(D) REVIEW OF CERTIFICATION- If the judge determines that an application required by subsection (b) under subsection (b) does not contain all of the required elements, or that the certification or certifications are clearly erroneous on the basis of the statement made under subsection (b)(1)(F)(v) and any other information furnished under subsection (b)(3), the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this clause pursuant to subsection (f).`(4)subparagraph pursuant to subsection (f). CommentsClose CommentsPermalink
`(4) SPECIFICATIONS- An order approving an acquisition under this subsection shall specify-- CommentsClose CommentsPermalink
`(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 application pursuant to subsection (b)(1)(B); CommentsClose CommentsPermalink
`(B) if provided in the application pursuant to subsection (b)(1)(H), the nature and location of each of the facilities or places at which the acquisition will be directed; CommentsClose CommentsPermalink
`(C) the nature of the information sought to be acquired and the type of communications or activities to be subjected to acquisition; CommentsClose CommentsPermalink
`(D) the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; and CommentsClose CommentsPermalink
`(E) the period of time during which the acquisition is approved. CommentsClose CommentsPermalink
`(5) DIRECTIONS- An order approving acquisitions under this subsection shall n acquisition under this subsection shall direct-- CommentsClose CommentsPermalink
`(A) that the minimization procedures referred to in paragraph (1)(C), as approved or modified by the Court, be followed; CommentsClose CommentsPermalink
`(B) an electronic communication service provider to provide to the Government forthwith all information, facilities, or assistance necessary to accomplish the acquisition authorized under this subsectionsuch order in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition; CommentsClose CommentsPermalink
`(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 provider wishes to maintain; and CommentsClose CommentsPermalink
`(D) that the Government compensate, at the prevailing rate, such electronic communication service provider for providing such information, facilities, or assistance. CommentsClose CommentsPermalink
`(6) DURATION- An order approved under this paragraphsubsection shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b). CommentsClose CommentsPermalink
`(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 procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. CommentsClose CommentsPermalink
`(d) Emergency Authorization- CommentsClose CommentsPermalink
`(1) AUTHORITY FOR EMERGENCY AUTHORIZATION- Notwithstanding any other provision of this Act, if the Attorney General reasonably determines that-- CommentsClose CommentsPermalink
`(A) an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order authorizing such acquisition can with due diligence be obtained, and CommentsClose CommentsPermalink
`(B) the factual basis for issuance of an order under this subsection to approve such acquisition exists, CommentsClose CommentsPermalink
the Attorney General may authorize the emergency acquisition 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 authorization that the decision has been made to conduct such acquisition and if an application in accordance with this subsection is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition. CommentsClose CommentsPermalink
`(2) MINIMIZATION PROCEDURES- If the Attorney General authorizes such emergency acquisitionan acquisition under paragraph (1), the Attorney General shall require that the minimization procedures required by this sectionferred to in subsection (c)(1)(C) for the issuance of a judicial order be followed. CommentsClose CommentsPermalink
`(3) TERMINATION OF EMERGENCY AUTHORIZATION- In the absence of a judicial order approving such acquisition, the acquisition shall 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, whichever is earliest. CommentsClose CommentsPermalink
`(4) USE OF INFORMATION- In the event that suchf 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 acquisition, no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person during the pendency of the 7-day emergency acquisition period, shall be received in evidence 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 information 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 information indicates a threat of death or serious bodily harm to any person. CommentsClose CommentsPermalink
`(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 assistance in accordance with an order or request for emergency assistance issued pursuant to subsections (c) or (d). CommentsClose CommentsPermalink
`(f) Appeal- CommentsClose CommentsPermalink
`(1) APPEAL TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW- The Government may file an appeal with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review 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. CommentsClose CommentsPermalink
`(2) CERTIORARI TO THE SUPREME COURT- The Government may file a petition for a writ of certiorari for review of thea decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. CommentsClose CommentsPermalink
`(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 section at a person reasonably believed to be located outside the United States. CommentsClose CommentsPermalink
`SEC. 7054. OTHER ACQUISITIONS TARGETING UNITED STATES PERSONS OUTSIDE THE UNITED STATES.
`(a) Jurisdiction and Scope- CommentsClose CommentsPermalink
`(1) JURISDICTION- The Foreign Intelligence Surveillance Court shall have jurisdiction to enter an order pursuant to subsection (c). CommentsClose CommentsPermalink
`(2) SCOPE- No element of the intelligence communitydepartment 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 located outside the United States under circumstances in which the targeted United States person has a reasonable expectation of privacy and a warrant would be required if the acquisition were conducted inside the United States for law enforcement purposes, unless a judge of the Foreign Intelligence Surveillance Court has entered an order with respect to such targeted United States person or the Attorney General has authorized an emergency acquisition pursuant to subsections (c) or (d) or any other provision of this Act. CommentsClose CommentsPermalink
`(3) LIMITATIONS- CommentsClose CommentsPermalink
`(A) MOVING OR MISIDENTIFIED TARGETS- In the event that thef 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), such acquisition shallacquisitions relating to such targeted United States Person shall cease untilless authority is obtained pursuant to this Act or the targeted United States person is again reasonably believed to be located outside the United States during the pendency of an order issued pursuant to subsection (c)such order. CommentsClose CommentsPermalink
`(B) APPLICABILITY- If thean acquisition is to be conducted inside the United States and could be authorized under section 704, the procedures of section 704 shall apply, unless an order or emergency acquisition authority has been obtained under a3, the acquisition may only be conducted if authorized under section 703 or in accordance with another provision of this Act other than under this section. CommentsClose CommentsPermalink
`(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 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-- CommentsClose CommentsPermalink
`(1) the identity of the Federal officer making the application; CommentsClose CommentsPermalink
`(2) the identity, if known, or a description of the specific United States person who is the target of the acquisition; CommentsClose CommentsPermalink
`(23) a statement of the facts and circumstances relied upon to justify the applicant's belief that the United States person who is the target of the acquisition is-- CommentsClose CommentsPermalink
`(A) a person reasonably believed to be located outside the United States; and CommentsClose CommentsPermalink
`(B) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power; CommentsClose CommentsPermalink
`(3) a statement of the4) a statement of proposed minimization procedures that-- CommentsClose CommentsPermalink
`(A) in the case of electronic surveillance, meet the definition of minimization procedures under section 101(h) orin section 101(h); and CommentsClose CommentsPermalink
`(B) in the case of a physical search, meet the definition of minimization procedures in section 301(4); CommentsClose CommentsPermalink
`(45) a certification made by the Attorney General, an official specified in section 104(a)(6), or the head of an element of the intelligence community that-- CommentsClose CommentsPermalink
`(A) the certifying official deems the information sought to be foreign intelligence information; and CommentsClose CommentsPermalink
`(B) a significant purpose of the acquisition is to obtain foreign intelligence information; CommentsClose CommentsPermalink
`(56) a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application; and CommentsClose CommentsPermalink
`(67) a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application. CommentsClose CommentsPermalink
`(c) Order- CommentsClose CommentsPermalink
`(1) FINDINGS- If, uUpon an application made pursuant to subsection (b), a judge having jurisdiction under subsection (a)the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court if the Court finds that-- CommentsClose CommentsPermalink
`(A) the application has been made by a Federal officer and approved by the Attorney General; CommentsClose CommentsPermalink
`(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-- CommentsClose CommentsPermalink
`(i) a person reasonably believed to be located outside the United States; and CommentsClose CommentsPermalink
`(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power; CommentsClose CommentsPermalink
`(B) the proposed minimization procedures, with respect to their dissemination provisionsC) the proposed minimization procedures-- CommentsClose CommentsPermalink
`(i) in the case of electronic surveillance, meet the definition of minimization procedures under section 101(h) or section 301(4); and`(C) the application whichin section 101(h); and CommentsClose CommentsPermalink
`(ii) in the case of a physical search, meet the definition of minimization procedures in section 301(4); CommentsClose CommentsPermalink
`(D) the application that has been filed contains all statements and certifications required by subsection (b) and the certification provided under subsection (b)(45) is not clearly erroneous on the basis of the information furnished under subsection (b),the Court shall issue an ex parte order so stating.`(2) . CommentsClose CommentsPermalink
`(2) PROBABLE CAUSE- In determining whether or not probable cause exists for purposes of an order under paragraph (1)(AB), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target, as well as and facts and circumstances relating to current or future activities of the target. However, nNo United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States. CommentsClose CommentsPermalink
`(3) REVIEW- CommentsClose CommentsPermalink
`(A) LIMITATIONS ON REVIEW- Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that required to make the findings described in paragraph (1). The judge shall not have jurisdiction to review the means by which an acquisition under this section may be conducted. CommentsClose CommentsPermalink
`(B) REVIEW OF PROBABLE CAUSE- If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause to issue an order under this subsection, the judge shallunder 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 clause pursuant to subsection (e). CommentsClose CommentsPermalink
`(C) REVIEW OF MINIMIZATION PROCEDURES- If the judge determines that the minimization procedures applicable to dissemination of information obtained through an acquisition under this subsection proposed minimization procedures referred to in paragraph (1)(C) do not meet the definition of minimization procedures under section 101(h) or section 301(4), the judge shall as required under such paragraph, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this clause pursuant to subsection (e). CommentsClose CommentsPermalink
`(D) SCOPE OF REVIEW OF CERTIFICATION- If the judge determines that the certification an application under subsection (b) does not contain all the required elements, or that the certification provided under subsection (b)(45) is clearly erroneous on the basis of the information furnished under subsection (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 pursuant to subsection (e).`(4) clause pursuant to subsection (e). CommentsClose CommentsPermalink
`(4) DURATION- An order under this paragraph shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b). CommentsClose CommentsPermalink
`(5) COMPLIANCE- At or prior to the end of the period of time for which an order or extension is granted under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was disseminated, provided that the judge may not inquire into the circumstances relating to the conduct of the acquisition. CommentsClose CommentsPermalink
`(d) Emergency Authorization- CommentsClose CommentsPermalink
`(1) AUTHORITY FOR EMERGENCY AUTHORIZATION- Notwithstanding any other provision in this subof this section, if the Attorney General reasonably determines that-- CommentsClose CommentsPermalink
`(A) an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order under that subsection may, with due diligence, be obtained, and CommentsClose CommentsPermalink
`(B) the factual basis for the issuance of an order under this section exists, CommentsClose CommentsPermalink
the Attorney General may authorize the emergency acquisition 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 authorization that the decision has been made to conduct such acquisition and if an application in accordance with this subsection is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition. CommentsClose CommentsPermalink
`(2) MINIMIZATION PROCEDURES- If the Attorney General authorizes such emergency acquisitionan emergency acquisition under paragraph (1), the Attorney General shall require that the minimization procedures required by this sectionferred to in subsection (c)(1)(C) be followed. CommentsClose CommentsPermalink
`(3) TERMINATION OF EMERGENCY AUTHORIZATION- In the absence of an order under subsection (c), the acquisition shallauthorized under paragraph (1) shall terminate when the information sought is obtained, if the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest. CommentsClose CommentsPermalink
`(4) USE OF INFORMATION- In the event that such applicationf an application submitted pursuant to paragraph (1) is denied, or in any other case where the acquisian acquisition under this section is terminated and no order is issued approving the acquisitionwith respect to the target of the acquisition is issued under subsection (c), no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person during the pendency of the 7-day emergency acquisition period, shall be received in evidence 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 information 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 information indicates a threat of death or serious bodily harm to any person. CommentsClose CommentsPermalink
`(e) Appeal- CommentsClose CommentsPermalink
`(1) APPEAL TO THE COURT OF REVIEW- The Government may file an appeal with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review 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. CommentsClose CommentsPermalink
`(2) CERTIORARI TO THE SUPREME COURT- The Government may file a petition for a writ of certiorari for review of thea decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. CommentsClose CommentsPermalink
`SEC. 7065. JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS.
`(a) Joint Applications and Orders- If an acquisition targeting a United States person under section 704 or section 7053 or section 704 is proposed to be conducted both inside and outside the United States, a judge having jurisdiction under section 7043(a)(1) or section 7054(a)(1) may issue simultaneously, upon the request of the Government in a joint application complying with the requirements of section 704(b) or section 7053(b) and section 704(b), orders under section 704(c) or section 705(c), as applicabl3(c) and section 704(c), as appropriate. CommentsClose CommentsPermalink
`(b) Concurrent Authorization- CommentsClose CommentsPermalink
If an order `(1) ELECTRONIC SURVEILLANCE- If an order authorizing electronic surveillance orhas been obtained under section 105 and that order is still in effect, during the pendency of that order the Attorney General may authorize, without an order under section 703 or 704, electronic surveillance for the purpose of acquiring foreign intelligence information targeting that United States person while such person is reasonably believed to be located outside the United States. CommentsClose CommentsPermalink
`(2) PHYSICAL SEARCH- If an order authorizing a physical search has been obtained under section 105 or section 304 and that order is still in effect, during the pendency of that order the Attorney General may authorize, without an order under section 704 or section 705, an acquisition of foreign intelligence information3 or 704, a physical search for the purpose of acquiring foreign intelligence information targeting that United States person while such person is reasonably believed to be located outside the United States. CommentsClose CommentsPermalink
`SEC. 7076. USE OF INFORMATION ACQUIRED UNDER TITLE VII.
`(a) Information Acquired Under Section 703- Information acquired from an acquisition conducted under sectionacquired pursuant to section 702 or 703 shall be deemed to be information acquired from an electronic surveillance pursuant to title I for purposes of section 106, except for the purposes of subsection (j) of such section.`(b) Information Acquired Under Section 704- Information acquired from an acquisition conducted under section 704 shall be deemed to be information acquired from an electronic considered information acquired from an electronic surveillance pursuant to title I for purposes of section 106. CommentsClose CommentsPermalink
`SEC. 7087. CONGRESSIONAL OVERSIGHT.
`(a) Semiannual Report- Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee and the Committees on the Judiciary of the Senate and the House of Representatives, concerning the implementation of this title. CommentsClose CommentsPermalink
`(b) Content- Each report made under subparagraphsection (a) shall include-- CommentsClose CommentsPermalink
`(1) with respect to section 7032-- CommentsClose CommentsPermalink
`(A) any certifications made under subsection 703(fection 702(g) during the reporting period; CommentsClose CommentsPermalink
`(B) any directives issued under subsection 703(gwith respect to each certification made under paragraph (1)(B) of such section, the reasons for exercising the authority under such paragraph; CommentsClose CommentsPermalink
`(C) any directives issued under section 702(h) during the reporting period; CommentsClose CommentsPermalink
`(CD) a description of the judicial review during the reporting period of any such certifications and targeting and minimization procedures adopted pursuant to subsections (d) and (e) of section 702 utilized with respect to such acquisition, including a copy of any order or pleading in connection with such review that contains a significant legal interpretation of the provisions of this section;`(Dsection 702; CommentsClose CommentsPermalink
`(E) any actions taken to challenge or enforce a directive under paragraphs (4) or (5) of section 703(g);`(E2(h); CommentsClose CommentsPermalink
`(F) any compliance reviews conducted by the Department of Justice or the Office of the Director of National Intelligence of acquisitions authorized under subsection 703(a);`(FAttorney General or the Director of National Intelligence of acquisitions authorized under subsection 702(a); CommentsClose CommentsPermalink
`(G) a description of any incidents of noncompliance with a directive issued by the Attorney General and the Director of National Intelligence under subsection 703(g2(h), including-- CommentsClose CommentsPermalink
`(i) incidents of noncompliance by an element of the intelligence community with procedures and guidelines adopted pursuant to subsections (d) and (e) of section 703, (e), and (f) of section 702; and CommentsClose CommentsPermalink
`(ii) incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issued a directive under subsection 703(g); and`(G) any procedures implementing this section2(h); and CommentsClose CommentsPermalink
`(H) any procedures implementing section 702; CommentsClose CommentsPermalink
`(2) with respect to section 7043-- CommentsClose CommentsPermalink
`(A) the total number of applications made for orders under section 7043(b); CommentsClose CommentsPermalink
`(B) the total number of such orders either granted, modified, or-- CommentsClose CommentsPermalink
`(iii) denied; and CommentsClose CommentsPermalink
`(C) the total number of emergency acquisitions authorized by the Attorney General under section 7043(d) and the total number of subsequent orders approving or denying such acquisitions; and CommentsClose CommentsPermalink
`(3) with respect to section 7054-- CommentsClose CommentsPermalink
`(A) the total number of applications made for orders under 7054(b); CommentsClose CommentsPermalink
`(B) the total number of such orders either granted, modified, or-- CommentsClose CommentsPermalink
`(iii) denied; and CommentsClose CommentsPermalink
`(C) the total number of emergency acquisitions authorized by the Attorney General under subsection 7054(d) and the total number of subsequent orders approving or denying such applications. CommentsClose CommentsPermalink
`SEC. 708. SAVINGS PROVISION.
`Nothing in this title shall be construed to limit the authority of the Federal Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other title of this Act.'. CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (
(1) by striking the item relating to title VII; CommentsClose CommentsPermalink
(2) by striking the item relating to section 701; and CommentsClose CommentsPermalink
(3) by adding at the end the following: CommentsClose CommentsPermalink
`TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES
`Sec. 701. Limitation on definition of electronic surveillance.`Sec. 702. Definitions. CommentsClose CommentsPermalink
`Sec. 7032. Procedures for targeting certain persons outside the United States other than United States persons. CommentsClose CommentsPermalink
`Sec. 7043. Certain acquisitions inside the United States of United States persons outside the United States. CommentsClose CommentsPermalink
`Sec. 7054. Other acquisitions targeting United States persons outside the United States. CommentsClose CommentsPermalink
`Sec. 7065. Joint applications and concurrent authorizations. CommentsClose CommentsPermalink
`Sec. 7076. Use of information acquired under title VII. CommentsClose CommentsPermalink
`Sec. 7087. Congressional oversight. CommentsClose CommentsPermalink
`Sec. 708. Savings provision.'. CommentsClose CommentsPermalink
(c) Technical and Conforming Amendments- CommentsClose CommentsPermalink
(1) TITLE 18, UNITED STATES CODE-
(2) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978-(A) SECTION 109- Section 109 of the Foreign Intelligence Surveillance Act of 1978 (
(A) in subparagraph (C), by striking `and'; and CommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraphs: CommentsClose CommentsPermalink
`(E) acquisitions under section 7043; and CommentsClose CommentsPermalink
`(F) acquisitions under section 7054;'. CommentsClose CommentsPermalink
SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND INTERCEPTION OF DOMESTICCERTAIN COMMUNICATIONS MAY BE CONDUCTED.
(a) Statement of Exclusive Means- Title I of the Foreign Intelligence Surveillance Act of 1978 (
`STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND INTERCEPTION OF DOMESTICCERTAIN COMMUNICATIONS MAY BE CONDUCTED
`Sec. 112. T(a) Except as provided in subsection (b), the procedures of chapters 119, 121, and 206 of title 18, United States Code, and this Act shall be the exclusive means by which electronic surveillance (as defined in section 101(f), regardless of the limitation of section 701) and the interception of domestic wire, oral, or electronic communications may be conducted. CommentsClose CommentsPermalink
'.`(b) Table of ContentsOnly an express statutory authorization for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this Act or chapters 119, 121, or 206 of title 18, United States Code, shall constitute an additional exclusive means for the purpose of subsection (a).'. CommentsClose CommentsPermalink
(b) Offense- Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (
(c) Conforming Amendments- CommentsClose CommentsPermalink
(1) TITLE 18, UNITED STATES CODE-
`(iii) If a certification under subparagraph (ii)(B) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision, and shall certify that the statutory requirements have been met.'; and CommentsClose CommentsPermalink
(2) TABLE OF CONTENTS- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (
`Sec. 112. Statement of exclusive means by which electronic surveillance and interception of domesticcertain communications may be conducted.'. CommentsClose CommentsPermalink
SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Inclusion of Certain Orders in Semiannual Reports of Attorney General- Subsection (a)(5) of section 601 of the Foreign Intelligence Surveillance Act of 1978 (
(b) Reports by Attorney General on Certain Other Orders- Such section 601 is further amended by adding at the end the following: CommentsClose CommentsPermalink
`(c) Submissions to Congress- The Attorney General shall submit to the committees of Congress referred to in subsection (a)-- CommentsClose CommentsPermalink
`(1) a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of any provision of this Act, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued; and CommentsClose CommentsPermalink
`(2) a copy of any such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, that was issued during the 5-year period ending on the date of the enactment of the FISA Amendments Act of 2008 and not previously submitted in a report under subsection (a). CommentsClose CommentsPermalink
`(d) Protection of National Security- The Attorney General, in consultation with the Director of National Intelligence, may authorize redactions of materials described in subsection (c) that are provided to the committees of Congress referred to in subsection (a), if such redactions are necessary to protect the national security of the United States and are limited to sensitive sources and methods information or the identities of targets.'. CommentsClose CommentsPermalink
(c) Definitions- Such section 601, as amended by subsections (a) and (b), is further amended by adding at the end the following: CommentsClose CommentsPermalink
`(e) Definitions- In this section: CommentsClose CommentsPermalink
`(1) FOREIGN INTELLIGENCE SURVEILLANCE COURT; COURT- The term `Foreign Intelligence Surveillance Court' means the court established by section 103(a). CommentsClose CommentsPermalink
`(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW; COURT OF REVIEW- The term `Foreign Intelligence Surveillance Court of Review' means the court established by section 103(b).'. CommentsClose CommentsPermalink
SEC. 104. APPLICATIONS FOR COURT ORDERS.
Section 104 of the Foreign Intelligence Surveillance Act of 1978 (
(1) in subsection (a)-- CommentsClose CommentsPermalink
(A) by striking paragraphs (2) and (11); CommentsClose CommentsPermalink
(B) by redesignating paragraphs (3) through (10) as paragraphs (2) through (9), respectively; CommentsClose CommentsPermalink
(C) in paragraph (5), as redesignated by subparagraph (B) of this paragraph, by striking `detailed'; CommentsClose CommentsPermalink
(D) in paragraph (6), as redesignated by subparagraph (B) of this paragraph, in the matter preceding subparagraph (A)--(i) by striking `Affairs or' and inserting `Affairs,'; and(ii) by striking `Senate--' and inserting `Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official--';(E) in paragraph (7), as redesignated by subparagraph (B) of this paragraph, by striking `statement of' and inserting `summary statement of'; CommentsClose CommentsPermalink
(FE) in paragraph (8), as redesignated by subparagraph (B) of this paragraph, by adding `and' at the end; and CommentsClose CommentsPermalink
(GF) in paragraph (9), as redesignated by subparagraph (B) of this paragraph, by striking `; and' and inserting a period; CommentsClose CommentsPermalink
(2) by striking subsection (b); CommentsClose CommentsPermalink
(3) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; and CommentsClose CommentsPermalink
(4) in paragraph (1)(A) of subsection (d), as redesignated by paragraph (3) of this subsection, by striking `or the Director of National Intelligence' and inserting `the Director of National Intelligence, or the Director of the Central Intelligence Agency'. CommentsClose CommentsPermalink
SEC. 105. ISSUANCE OF AN ORDER.
Section 105 of the Foreign Intelligence Surveillance Act of 1978 (
(1) in subsection (a)-- CommentsClose CommentsPermalink
(A) by striking paragraph (1); and CommentsClose CommentsPermalink
(B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; CommentsClose CommentsPermalink
(2) in subsection (b), by striking `(a)(3)' and inserting `(a)(2)'; CommentsClose CommentsPermalink
(3) in subsection (c)(1)-- CommentsClose CommentsPermalink
(A) in subparagraph (D), by adding `and' at the end; CommentsClose CommentsPermalink
(B) in subparagraph (E), by striking `; and' and inserting a period; and CommentsClose CommentsPermalink
(C) by striking subparagraph (F); CommentsClose CommentsPermalink
(4) by striking subsection (d); CommentsClose CommentsPermalink
(5) by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; CommentsClose CommentsPermalink
(6) by amending subsection (e), as redesignated by paragraph (5) of this section, to read as follows: CommentsClose CommentsPermalink
`(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General-- CommentsClose CommentsPermalink
`(A) reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; CommentsClose CommentsPermalink
`(B) reasonably determines that the factual basis for the issuance of an order under this title to approve such electronic surveillance exists; CommentsClose CommentsPermalink
`(C) informs, either personally or through a designee, a judge having jurisdiction under section 103 at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and CommentsClose CommentsPermalink
`(D) makes an application in accordance with this title to a judge having jurisdiction under section 103 as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance. CommentsClose CommentsPermalink
`(2) If the Attorney General authorizes the emergency employment of electronic surveillance under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed. CommentsClose CommentsPermalink
`(3) In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest. CommentsClose CommentsPermalink
`(4) A denial of the application made under this subsection may be reviewed as provided in section 103. CommentsClose CommentsPermalink
`(5) In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or 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 information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. CommentsClose CommentsPermalink
`(6) The Attorney General shall assess compliance with the requirements of paragraph (5).'; and CommentsClose CommentsPermalink
(7) by adding at the end the following: CommentsClose CommentsPermalink
`(i) In any case in which the Government makes an application to a judge under this title to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in section 402(d)(2).'. CommentsClose CommentsPermalink
SEC. 106. USE OF INFORMATION.
Subsection (i) of section 106 of the Foreign Intelligence Surveillance Act of 1978 (
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES.
(a) Applications- Section 303 of the Foreign Intelligence Surveillance Act of 1978 (
(1) in subsection (a)-- CommentsClose CommentsPermalink
(A) by striking paragraph (2); CommentsClose CommentsPermalink
(B) by redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively; CommentsClose CommentsPermalink
(C) in paragraph (2), as redesignated by subparagraph (B) of this paragraph, by striking `detailed'; and CommentsClose CommentsPermalink
(D) in paragraph (3)(C), as redesignated by subparagraph (B) of this paragraph, by inserting `or is about to be' before `owned'; and(E) in paragraph (6), as redesignated by subparagraph (B) of this paragraph, in the matter preceding subparagraph (A)--(i) by striking `Affairs or' and inserting `Affairs,'; and(ii) by striking `Senate--' and inserting `Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official--'; and CommentsClose CommentsPermalink
(2) in subsection (d)(1)(A), by striking `or the Director of National Intelligence' and inserting `the Director of National Intelligence, or the Director of the Central Intelligence Agency'. CommentsClose CommentsPermalink
(b) Orders- Section 304 of the Foreign Intelligence Surveillance Act of 1978 (
(1) in subsection (a)-- CommentsClose CommentsPermalink
(A) by striking paragraph (1); and CommentsClose CommentsPermalink
(B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and CommentsClose CommentsPermalink
(2) by amending subsection (e) to read as follows: CommentsClose CommentsPermalink
`(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of a physical search if the Attorney General reasonably--`(A)-- CommentsClose CommentsPermalink
`(A) reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained; CommentsClose CommentsPermalink
`(B) reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists; CommentsClose CommentsPermalink
`(C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and CommentsClose CommentsPermalink
`(D) makes an application in accordance with this title to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search. CommentsClose CommentsPermalink
`(2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed. CommentsClose CommentsPermalink
`(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest. CommentsClose CommentsPermalink
`(4) A denial of the application made under this subsection may be reviewed as provided in section 103. CommentsClose CommentsPermalink
`(5)(A) In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or 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 information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. CommentsClose CommentsPermalink
`(B) The Attorney General shall assess compliance with the requirements of subparagraph (A).'. CommentsClose CommentsPermalink
(c) Conforming Amendments- The Foreign Intelligence Surveillance Act of 1978 (
(1) in section 304(a)(4), as redesignated by subsection (b) of this section, by striking `303(a)(7)(E)' and inserting `303(a)(6)(E)'; and CommentsClose CommentsPermalink
(2) in section 305(k)(2), by striking `303(a)(7)' and inserting `303(a)(6)'. CommentsClose CommentsPermalink
SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS AND TRAP AND TRACE DEVICES.
Section 403 of the Foreign Intelligence Surveillance Act of 1978 (
(1) in subsection (a)(2), by striking `48 hours' and inserting `7 days'; and CommentsClose CommentsPermalink
(2) in subsection (c)(1)(C), by striking `48 hours' and inserting `7 days'. CommentsClose CommentsPermalink
SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) Designation of Judges- Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (
(b) En Banc Authority- CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a) of this section, is further amended-- CommentsClose CommentsPermalink
(A) by inserting `(1)' after `(a)'; and CommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph: CommentsClose CommentsPermalink
`(2)(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 501(f) or paragraph (4) or (5) of section 703(h), may hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that-- CommentsClose CommentsPermalink
`(i) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or CommentsClose CommentsPermalink
`(ii) the proceeding involves a question of exceptional importance. CommentsClose CommentsPermalink
`(B) Any authority granted by this Act to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this Act on the exercise of such authority. CommentsClose CommentsPermalink
`(C) For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection.'. CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- The Foreign Intelligence Surveillance Act of 1978 is further amended-- CommentsClose CommentsPermalink
(A) in subsection (a) of section 103, as amended by this subsection, by inserting `(except when sitting en banc under paragraph (2))' after `no judge designated under this subsection'; and CommentsClose CommentsPermalink
(B) in section 302(c) (
(c) Stay or Modification During an Appeal- Section 103 of the Foreign Intelligence Surveillance Act of 1978 (
(1) by redesignating subsection (f) as subsection (g); and CommentsClose CommentsPermalink
(2) by inserting after subsection (e) the following new subsection: CommentsClose CommentsPermalink
`(f)(1) A judge of the court established under subsection (a), the court established under subsection (b) or a judge of that court, or the Supreme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court established under subsection (a) or the court established under subsection (b) entered under any title of this Act, while the court established under subsection (a) conducts a rehearing, while an appeal is pending to the court established under subsection (b), or while a petition of certiorari is pending in the Supreme Court of the United States, or during the pendency of any review by that court. CommentsClose CommentsPermalink
`(2) The authority described in paragraph (1) shall apply to an order entered under any provision of this Act.'. CommentsClose CommentsPermalink
(d) Authority of Foreign Intelligence Surveillance Court- Section 103 of the Foreign Intelligence Surveillance Act of 1978 (
`(h)(1i) Nothing in this Act shall be considertrued to reduce or contravene the inherent authority of the Foreign Intelligence Surveillance Court to determine, or enforce,court established by subsection (a) to determine or enforce compliance with an order or a rule of such Ccourt or with a procedure approved by such Court.`(2)court.'. CommentsClose CommentsPermalink
SEC. 110. INSPECTOR GENERAL REVIEW OF PREVIOUS ACTIONS.
(a) Definitions- In this subsection, the termsection: CommentsClose CommentsPermalink
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means-- CommentsClose CommentsPermalink
(A) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and CommentsClose CommentsPermalink
(B) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. CommentsClose CommentsPermalink
(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT- The term `Foreign Intelligence Surveillance Court' and ` Court' mean the court established by subsection (a).'s the court established by section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (
(3) President's SURVEILLANCE PROGRAM AND PROGRAM- The terms `President's Surveillance Program' and `Program' mean the intelligence activity involving communications that was authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, including the program referred to by the President in a radio address on December 17, 2005 (commonly known as the Terrorist Surveillance Program). CommentsClose CommentsPermalink
(b) Reviews- CommentsClose CommentsPermalink
(1) REQUIREMENT TO CONDUCT- The Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, and any other element of the intelligence community that participated in the President's Surveillance Program shall complete a comprehensive review of, with respect to the oversight authority and responsibility of each such Inspector General-- CommentsClose CommentsPermalink
(A) all of the facts necessary to describe the establishment, implementation, product, and use of the product of the Program; CommentsClose CommentsPermalink
(B) the procedures and substance of, and access to, the legal reviews of the Program; CommentsClose CommentsPermalink
(C) communications with and participation of individuals and entities in the private sector related to the Program; CommentsClose CommentsPermalink
(D) interaction with the Foreign Intelligence Surveillance Court and transition to court orders related to the Program; and CommentsClose CommentsPermalink
(E) any other matters identified by any such Inspector General that would enable that Inspector General to complete a review of the Program, with respect to such Department or element. CommentsClose CommentsPermalink
(2) COOPERATION AND COORDINATION- CommentsClose CommentsPermalink
(A) COOPERATION- Each Inspector General required to conduct a review under paragraph (1) shall-- CommentsClose CommentsPermalink
(i) work in conjunction, to the extent practicable, with any other Inspector General required to conduct such a review; and CommentsClose CommentsPermalink
(ii) utilize, to the extent practicable, and not unnecessarily duplicate or delay such reviews or audits that have been completed or are being undertaken by any such Inspector General or by any other office of the Executive Branch related to the Program. CommentsClose CommentsPermalink
(B) COORDINATION- The Inspectors General shall designate one of the Inspectors General required to conduct a review under paragraph (1) that is appointed by the President, by and with the advice and consent of the Senate, to coordinate the conduct of the reviews and the preparation of the reports. CommentsClose CommentsPermalink
(c) Reports- CommentsClose CommentsPermalink
(1) PRELIMINARY REPORTS- Not later than 60 days after the date of the enactment of this Act, the Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, and any other Inspector General required to conduct a review under subsection (b)(1) shall submit to the appropriate committees of Congress an interim report that describes the planned scope of such review. CommentsClose CommentsPermalink
(2) FINAL REPORT- Not later than 1 year after the date of the enactment of this Act, the Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, and any other Inspector General required to conduct a review under subsection (b)(1) shall submit to the appropriate committees of Congress and the Commission established under section 301(a) a comprehensive report on such reviews that includes any recommendations of any such Inspectors General within the oversight authority and responsibility of any such Inspector General. CommentsClose CommentsPermalink
(3) FORM- A report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. The unclassified report shall not disclose the name or identity of any individual or entity of the private sector that participated in the Program or with whom there was communication about the Program, to the extent that information is classified. CommentsClose CommentsPermalink
(d) Resources- CommentsClose CommentsPermalink
(1) EXPEDITED SECURITY CLEARANCE- The Director of National Intelligence shall ensure that the process for the investigation and adjudication of an application by an Inspector General or any appropriate staff of an Inspector General for a security clearance necessary for the conduct of the review under subsection (b)(1) is carried out as expeditiously as possible. CommentsClose CommentsPermalink
(2) ADDITIONAL PERSONNEL FOR THE INSPECTORS GENERAL- An Inspector General required to conduct a review under subsection (b)(1) and submit a report under subsection (c) is authorized to hire such additional personnel as may be necessary to carry out such review and prepare such report in a prompt and timely manner. Personnel authorized to be hired under this paragraph-- CommentsClose CommentsPermalink
(A) shall perform such duties relating to such a review as the relevant Inspector General shall direct; and CommentsClose CommentsPermalink
(B) are in addition to any other personnel authorized by law. CommentsClose CommentsPermalink
SEC. 1101. WEAPONS OF MASS DESTRUCTION.
(a) Definitions- CommentsClose CommentsPermalink
(1) FOREIGN POWER- Subsection (a)(4) of section 101 of the Foreign Intelligence Surveillance Act of 1978 (
(A) in paragraph (5), by striking `persons; or' and inserting `,persons;'; CommentsClose CommentsPermalink
(B) in paragraph (6), by striking the period and inserting `; or'; and CommentsClose CommentsPermalink
(C) by adding at the end the following new paragraph: CommentsClose CommentsPermalink
`(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction,' after `international terrorism.'. CommentsClose CommentsPermalink
(2) AGENT OF A FOREIGN POWER- Subsection (b)(1) of such section 101 is amended-- CommentsClose CommentsPermalink
(A) in subparagraph (B), by striking `or' at the end(B) in subparagraph (C), by striking `or' at the end; and CommentsClose CommentsPermalink
(CB) by adding at the end the following new subparagraphs: CommentsClose CommentsPermalink
`(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or`(E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power; or'.(3) '. CommentsClose CommentsPermalink
(3) FOREIGN INTELLIGENCE INFORMATION- Subsection (e)(1)(B) of such section 101 is amended by striking `sabotage or international terrorism' and inserting `sabotage, international terrorism, or the international proliferation of weapons of mass destruction'. CommentsClose CommentsPermalink
(4) WEAPON OF MASS DESTRUCTION- Such section 101 is amended by inserting after subsection (o) the followingadding at the end the following new subsection: CommentsClose CommentsPermalink
`(p) `Weapon of mass destruction' means-- CommentsClose CommentsPermalink
`(1) any destructive device described in
`(2) any weapon that is designed or intended to cause death or serious bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors; CommentsClose CommentsPermalink
`(3) any weapon involving a biological agent, toxin, or vector (as such terms are defined in
`(4) any weapon that is designed to release, intended, or has the capability of releasing radiation or radioactivity at a level dangerous to human life.'.(b) causing death, illness, or serious bodily injury to a significant number of persons.'. CommentsClose CommentsPermalink
(b) Use of Information- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 106(k)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (
(2) PHYSICAL SEARCHES- Section 305(k)(1)(B) of such Act (
(c) Technical and Conforming Amendment- Section 301(1) of the Foreign Intelligence Surveillance Act of 1978 (
SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS.2. STATUTE OF LIMITATIONS.
(a) In General- Section 103(e)9 of the Foreign Intelligence Surveillance Act of 1978 (
`(e) Statute of Limitations- No person shall be prosecuted, tried, or punished for any offense under this section unless the indictment is found or the information is instituted not later than 10 years after the commission of the offense.'. CommentsClose CommentsPermalink
(b) Application- The amendment made by subsection (a) shall apply to any offense committed before the date of the enactment of this Act if the statute of limitations applicable to that offense has not run as of such date. CommentsClose CommentsPermalink
TITLE II--PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERSSEC. 201. DEFINITIONS.In this title:(1) ASSISTANCE- The term `assistance' means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.(2) CONTENTS- The term `contents' has the meaning given that term in section 101(n) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(n) 47 U.S.C. 153 section 2510 of title 18, United States Code section 2711 of title 18, United States Code 50 U.S.C. 401a(4) section 1746 of title 28, United States Code section 1441 of title 28, United States Code
SEC. 201. STATUTORY DEFENSES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
The Foreign Intelligence Surveillance Act of 1978 (
`TITLE VIII--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
`SEC. 801. DEFINITIONS.
`In this title: CommentsClose CommentsPermalink
`(1) ASSISTANCE- The term `assistance' means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance. CommentsClose CommentsPermalink
`(2) ATTORNEY GENERAL- The term `Attorney General' has the meaning given that term in section 101(g). CommentsClose CommentsPermalink
`(3) CONTENTS- The term `contents' has the meaning given that term in section 101(n). CommentsClose CommentsPermalink
`(4) COVERED CIVIL ACTION- The term `covered civil action' means a suit in Federal or State court against any person for providing assistance to an element of the intelligence community. CommentsClose CommentsPermalink
`(5) ELECTRONIC COMMUNICATION SERVICE PROVIDER- The term `electronic communication service provider' means-- CommentsClose CommentsPermalink
`(A) a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (
`(B) a provider of electronic communication service, as that term is defined in
`(C) a provider of a remote computing service, as that term is defined in
`(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored; CommentsClose CommentsPermalink
`(E) a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D); or CommentsClose CommentsPermalink
`(F) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E). CommentsClose CommentsPermalink
`(5) ELEMENT OF THE6) INTELLIGENCE COMMUNITY- The term `element of the intelligence community' means an element of the intelligence community as specified or designated underintelligence community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (
`(67) PERSON- The term `person' means-- CommentsClose CommentsPermalink
`(A) an electronic communication service provider; or CommentsClose CommentsPermalink
`(B) a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to-- CommentsClose CommentsPermalink
`(i) an order of the court established under section 103(a) directing such assistance; CommentsClose CommentsPermalink
`(ii) a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; or CommentsClose CommentsPermalink
`(iii) a directive under section 102(a)(4), 105B(e), as in effect on the day before the date of the enactment of the FISA Amendments Act of 2008added by section 2 of the Protect America Act of 2007 (
`(78) STATE- The term `State' means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider. CommentsClose CommentsPermalink
`SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSECOVERED CIVIL ACTIONS.
`(a) Requirement for Certification-`(1) IN GENERAL- Notwithstanding any other provision of law, noIntervention by Government- In any covered civil action may lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the court that--`(A), the court shall permit the Government to intervene. Whether or not the Government intervenes in the civil action, the Attorney General may submit any information in any assistance by that person was provided pursuant to an order of the court established under section 103(a) directing such assistance;`(B) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code;`(C) any assistance by that person was provided pursuant to a directive under sections 102(a)(4), 105B(e), as in effect on the day before the date of the enactment of the FISA Amendments Act of 2008, or 703(h) directing such assistance; or`(D) the person did not provide the alleged assistance.`(2) REVIEW- A certification made pursuant to paragraph (1) shall be subject to review by a court for abuse of discretionform the Attorney General determines is appropriate and the court shall consider all such submissions. CommentsClose CommentsPermalink
`(b) Limitations on Disclosure- If the Attorney General files a declaration under
`(c) Location of Review- The court may conduct the review in a location and facility specified by the Attorney General as necessary to ensure security. CommentsClose CommentsPermalink
`(d) Removal- A covered civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under
`(d) Relationship to Other Laws- Nothing in this section may be construed to limit any otherwise available immunity, privilege, or defense under any other provision of law.`(e) Applicability- This section shall apply to aSpecial Rule for Certain Cases- For any covered civil action pending on or filed after the date of enactment of the FISA Amendments Act of 2008.'.SEC. 204. PREEMPTION OF STATE INVESTIGATIONS.Title VIII of the Foreign Intelligence Surveillance Act (
`(f) Applicability- This section shall apply to a civil action brought by the United States to enforce the provisions of this section.`(d) Application- This section shall apply to any investigation, action, or proceeding that is pending on or filed after the date of enactment of the FISA Amendments Act of 2008the enactment of this Act.'. CommentsClose CommentsPermalink
SEC. 2052. TECHNICAL AMENDMENTS.
The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (
`TITLE VIII--PROTECTION OF PERSONS ASSISTING THE GOVERNMENT
`Sec. 801. Definitions CommentsClose CommentsPermalink
.`Sec. 802. Procedures for implementing statutory defenses.`Sec. 803. Preemptioncovered civil actions.'. CommentsClose CommentsPermalink
TITLE III--COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES
SEC. 301. COMMISSION ON WARRANTLESS ELECTRONIC SURVEILLANCE ACTIVITIES.
(a) Establishment of Commission- There is established in the legislative branch a commission to be known as the `Commission on Warrantless Electronic Surveillance Activities' (in this section referred to as the `Commission'). CommentsClose CommentsPermalink
(b) Duties of Commission- CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall-- CommentsClose CommentsPermalink
(A) ascertain, evaluate, and report upon the facts and circumstances relating to electronic surveillance activities conducted without a warrant between September 11, 2001 and January 17, 2007; CommentsClose CommentsPermalink
(B) evaluate the lawfulness of such activities; CommentsClose CommentsPermalink
(C) examine all programs and activities relating to intelligence collection inside the United States or regarding United States persons that were in effect or operation on September 11, 2001, and all such programs and activities undertaken since that date, including the legal framework or justification for those activities; and CommentsClose CommentsPermalink
(D) report to the President and Congress the findings and conclusions of the Commission and any recommendations the Commission considers appropriate. CommentsClose CommentsPermalink
(2) PROTECTION OF NATIONAL SECURITY- The Commission shall carry out the duties of the Commission under this section in a manner consistent with the need to protect national security. CommentsClose CommentsPermalink
(c) Composition of Commission- CommentsClose CommentsPermalink
(1) MEMBERS- The Commission shall be composed of 9 members, of whom-- CommentsClose CommentsPermalink
(A) 5 members shall be appointed jointly by the majority leader of the Senate and the Speaker of the House of Representatives; and CommentsClose CommentsPermalink
(B) 4 members shall be appointed jointly by the minority leader of the Senate and the minority leader of the House of Representatives. CommentsClose CommentsPermalink
(2) QUALIFICATIONS- It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens with significant depth of experience in national security, Constitutional law, and civil liberties. CommentsClose CommentsPermalink
(3) CHAIR; VICE CHAIR- CommentsClose CommentsPermalink
(A) CHAIR- The Chair of the Commission shall be jointly appointed by the majority leader of the Senate and the Speaker of the House of Representatives from among the members appointed under paragraph (1)(A). CommentsClose CommentsPermalink
(B) VICE CHAIR- The Vice Chair of the Commission shall be jointly appointed by the minority leader of the Senate and the minority leader of the House of Representatives from among the members appointed under paragraph (1)(B). CommentsClose CommentsPermalink
(4) DEADLINE FOR APPOINTMENT- All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. CommentsClose CommentsPermalink
(5) INITIAL MEETING- The Commission shall hold its first meeting and begin operations not later than 45 days after the date on which a majority of its members have been appointed. CommentsClose CommentsPermalink
(6) SUBSEQUENT MEETINGS- After its initial meeting, the Commission shall meet upon the call of the Chair. CommentsClose CommentsPermalink
(7) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. CommentsClose CommentsPermalink
(8) VACANCIES- Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. CommentsClose CommentsPermalink
(d) Powers of Commission- CommentsClose CommentsPermalink
(1) HEARINGS AND EVIDENCE- The Commission or, on the authority of the Chair, any subcommittee or member thereof may, for the purpose of carrying out this section, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission, such designated subcommittee, or designated member may determine advisable. CommentsClose CommentsPermalink
(2) SUBPOENAS- CommentsClose CommentsPermalink
(A) ISSUANCE- CommentsClose CommentsPermalink
(i) IN GENERAL- The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter that the Commission is empowered to investigate under this section. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. CommentsClose CommentsPermalink
(ii) SIGNATURE- Subpoenas issued under this paragraph may be issued under the signature of the Chair of the Commission, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission and may be served by any person designated by such Chair, subcommittee chair, or member. CommentsClose CommentsPermalink
(B) ENFORCEMENT- CommentsClose CommentsPermalink
(i) IN GENERAL- If a person refuses to obey a subpoena issued under subparagraph (A), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. CommentsClose CommentsPermalink
(ii) JURISDICTION- In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. CommentsClose CommentsPermalink
(iii) ADDITIONAL ENFORCEMENT- In the case of the failure of a witness to comply with any subpoena or to testify when summoned under authority of this paragraph, the Commission, by majority vote, may certify a statement of fact attesting to such failure to the appropriate United States attorney, who shall bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (
(3) CONTRACTING- The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge its duties under this section. CommentsClose CommentsPermalink
(4) INFORMATION FROM FEDERAL AGENCIES- CommentsClose CommentsPermalink
(A) IN GENERAL- The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government documents, information, suggestions, estimates, and statistics for the purposes of this section. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall furnish such documents, information, suggestions, estimates, and statistics directly to the Commission upon request made by the Chair, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. CommentsClose CommentsPermalink
(B) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff in a manner consistent with all applicable statutes, regulations, and Executive orders. CommentsClose CommentsPermalink
(5) ASSISTANCE FROM FEDERAL AGENCIES- CommentsClose CommentsPermalink
(A) GENERAL SERVICES ADMINISTRATION- The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. CommentsClose CommentsPermalink
(B) OTHER DEPARTMENTS AND AGENCIES- In addition to the assistance prescribed in subparagraph (A), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. CommentsClose CommentsPermalink
(6) GIFTS- The Commission may accept, use, and dispose of gifts or donations of services or property. CommentsClose CommentsPermalink
(7) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. CommentsClose CommentsPermalink
(e) Staff of Commission- CommentsClose CommentsPermalink
(1) IN GENERAL- CommentsClose CommentsPermalink
(A) APPOINTMENT AND COMPENSATION- The Chair, in consultation with Vice Chair and in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under
(B) PERSONNEL AS FEDERAL EMPLOYEES- CommentsClose CommentsPermalink
(i) IN GENERAL- The executive director and any personnel of the Commission who are employees shall be employees under
(ii) MEMBERS OF COMMISSION- Clause (i) shall not be construed to apply to members of the Commission. CommentsClose CommentsPermalink
(2) DETAILEES- A Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. CommentsClose CommentsPermalink
(3) CONSULTANT SERVICES- The Commission is authorized to procure the services of experts and consultants in accordance with
(f) Security Clearances for Commission Members and Staff- CommentsClose CommentsPermalink
(1) EXPEDITIOUS PROVISION OF CLEARANCES- The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. CommentsClose CommentsPermalink
(2) ACCESS TO CLASSIFIED INFORMATION- All members of the Commission and commission staff, as authorized by the Chair or the designee of the Chair, who have obtained appropriate security clearances, shall have access to classified information related to the surveillance activities within the scope of the examination of the Commission and any other related classified information that the members of the Commission determine relevant to carrying out the duties of the Commission under this section. CommentsClose CommentsPermalink
(3) FACILITIES AND RESOURCES- The Director of National Intelligence shall provide the Commission with appropriate space and technical facilities approved by the Commission. CommentsClose CommentsPermalink
(g) Compensation and Travel Expenses- CommentsClose CommentsPermalink
(1) COMPENSATION- Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under
(2) TRAVEL EXPENSES- While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under
(h) Nonapplicability of Federal Advisory Committee Act- CommentsClose CommentsPermalink
(1) IN GENERAL- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. CommentsClose CommentsPermalink
(2) PUBLIC MEETINGS- The Commission shall hold public hearings and meetings to the extent appropriate. CommentsClose CommentsPermalink
(3) PUBLIC HEARINGS- Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. CommentsClose CommentsPermalink
(i) Reports and Recommendations of Commission- CommentsClose CommentsPermalink
(1) INTERIM REPORTS- The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. CommentsClose CommentsPermalink
(2) FINAL REPORT- Not later than one year after the date of its first meeting, the Commission, in consultation with appropriate representatives of the intelligence community, shall submit to the President and Congress a final report containing such information, analysis, findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. CommentsClose CommentsPermalink
(3) FORM- The reports submitted under paragraphs (1) and (2) shall be submitted in unclassified form, but may include a classified annex. CommentsClose CommentsPermalink
(4) RECOMMENDATIONS FOR DECLASSIFICATION- The Commission may make recommendations to the appropriate department or agency of the Federal Government regarding the declassification of documents or portions of documents. CommentsClose CommentsPermalink
(j) Termination- CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission, and all the authorities of this section, shall terminate 60 days after the date on which the final report is submitted under subsection (i)(2). CommentsClose CommentsPermalink
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION- The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating the final report. CommentsClose CommentsPermalink
(k) Definitions- In this section: CommentsClose CommentsPermalink
(1) INTELLIGENCE COMMUNITY- The term `intelligence community' has the meaning given the term in section 3(4) of the National Security Act of 1947 (
(2) UNITED STATES PERSON- The term `United States person' has the meaning given the term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (
(l) Funding- CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated such sums as may be necessary to carry out the activities of the Commission under this section. CommentsClose CommentsPermalink
(2) DURATION OF AVAILABILITY- Amounts made available to the Commission under paragraph (1) shall remain available until the termination of the Commission. CommentsClose CommentsPermalink
TITLE IV--OTHER PROVISIONS
SEC. 3401. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby. CommentsClose CommentsPermalink
SEC. 3402. EFFECTIVE DATE; REPEAL; TRANSITION PROCEDURES.(a) In General- .
Except as provided in subsection (c)ection 404, the amendments made by this Act shall take effect on the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 403. REPEALS.
(a) Repeal of Protect America Act of 2007 Provisions- CommentsClose CommentsPermalink
(1) AMENDMENTS TO FISA- CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subsection (c)ection 404, sections 105A, 105B, and 105C of the Foreign Intelligence Surveillance Act of 1978 (
(2B) TECHNICAL AND CONFORMING AMENDMENTS- CommentsClose CommentsPermalink
(i) TABLE OF CONTENTS- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (
(c) Transitions Procedures-(1) PROTECTION FROM LIABILITY- Notwithstanding subsection (b)(1), subsection (l) of section 105B of the Foreign Intelligence Surveillance Act of 1978 shall remain in effect with respect to any directives issued pursuant to such section 105B for information, facilities, or assistance provided during the period such directive was or is in effect.(2) ORDERS IN EFFECT-(A) ORDERS IN EFFECT ON DATE OF ENACTMENT- Notwithstanding any other provision of this Act orii) CONFORMING AMENDMENTS- Except as provided in section 404, section 103(e) of the Foreign Intelligence Surveillance Act of 1978--(i) any order in effect on the date of enactment of this Act issued pursuant to the Foreign Intelligence Surveillance Act of 1978 or section 6(b) (
(I) in paragraph (1), by striking `105B(h) or 501(f)(1)' and inserting `501(f)(1) or 702(h)(4)'; and CommentsClose CommentsPermalink
(II) in paragraph (2), by striking `105B(h) or 501(f)(1)' and inserting `501(f)(1) or 702(h)(4)'. CommentsClose CommentsPermalink
(2) REPORTING REQUIREMENTS- Except as provided in section 404, section 4 of the Protect America Act of 2007 (
(3) TRANSITION PROCEDURES- Except as provided in section 404, subsection (b) of section 6 of the Protect America Act of 2007 (
(b) FISA Amendments Act of 2008- CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in section 404, effective December 31, 2009, title VII of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(a), is repealed. CommentsClose CommentsPermalink
(2) TECHNICAL AND CONFORMING AMENDMENTS- Effective December 31, 2009-- CommentsClose CommentsPermalink
(A) the table of contents in the first section of such Act (
(B) except as provided in section 404, section 601(a)(1) of such Act (
(C) except as provided in section 404,
SEC. 404. TRANSITION PROCEDURES.
(a) Transition Procedures for Protect America Act of 2007, except as amended by sections 102, 103, 104, 105, 106, 107, 108, 109, and 110 of this Act.(B) ORDERS IN EFFECT ON DECEMBER 31, 2013- Any order issued under title VII Provisions- CommentsClose CommentsPermalink
(1) CONTINUED EFFECT OF ORDERS, AUTHORIZATIONS, DIRECTIVES- Notwithstanding any other provision of law, any order, authorization, or directive issued or made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101 of this Act, in effect on December 31, 2013dded by section 2 of the Protect America Act of 2007 (
(2) APPLICABILITY OF PROTECT AMERICA ACT OF 2007 TO CONTINUED ORDERS, AUTHORIZATIONS, DIRECTIVES- Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978, any authorization or directive in effect on the date of the enactment of this Act issued pursuant to (
(A) subject to paragraph (3), section 105A of such Act, as added by section 2 of the Protect America Act of 2007, or any amendment made by that Act, shall remain in effect (
(B) sections 105B and 105C of such Act (as so added) shall continue to apply with respect to an order, authorization, or directive referred to in paragraph (1) until the date of expiration of such authorization or directive. Any such authorization or directiveorder, authorization, or directive. CommentsClose CommentsPermalink
(3) USE OF INFORMATION- Information acquired from an acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1) shall be governed by the applicable provisionsdeemed to be information acquired from an electronic surveillance pursuant to title I of the Foreign Intelligence Surveillance Act of 1978 (
(4) PROTECTION FROM LIABILITY- Subsection (l) of section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 (121 Stat. 552), and the amendment made by that Act, and, except as provided in paragraph (4) of this subsection, any acquisition pursuant to such authorization or directive shall be deemed not to constitute electronic surveillance (as that term is defined in section 101(f), shall continue to apply with respect to any directives issued pursuant to such section 105B. CommentsClose CommentsPermalink
(5) JURISDICTION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT- Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (
(6) REPORTING REQUIREMENTS- CommentsClose CommentsPermalink
(A) CONTINUED APPLICABILITY- Notwithstanding any other provision of this Act, the Protect America Act of 2007 (
(B) CERTIFICATION- The certification described in this subparagraph is a certification-- CommentsClose CommentsPermalink
(i) made by the Attorney General; CommentsClose CommentsPermalink
(ii) submitted as part of a semi-annual report required by section 4 of the Protect America Act of 2007; CommentsClose CommentsPermalink
(iii) that states that there will be no further acquisitions carried out under section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007, after the date of such certification; and CommentsClose CommentsPermalink
(iv) that states that the information required to be included under such section 4 relating to any acquisition conducted under such section 105B has been included in a semi-annual report required by such section 4. CommentsClose CommentsPermalink
(7) EFFECTIVE DATE- Paragraphs (1) through (6) shall take effect as if enacted on August 5, 2007. CommentsClose CommentsPermalink
(b) Transition Procedures for FISA Amendments Act of 2008 Provisions- CommentsClose CommentsPermalink
(1) ORDERS IN EFFECT ON DECEMBER 31, 2013- Any authorization or directive issued under title 09- Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (
(2) APPLICABILITY OF TITLE VII OF FISA TO CONTINUED ORDERS, AUTHORIZATIONS, DIRECTIVES- Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (
(3) CHALLENGE OF DIRECTIVES; PROTECTION FROM LIABILITY; USE OF INFORMATION- Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (
(A) section 103(e) of such Act, as amended by section 113, shall continue to apply with respect to any directive issued pursuant to section 702(h) of such Act, as added by section 101(a); CommentsClose CommentsPermalink
(B) section 702(h)(3) of such Act (as so amended, and, except as provided in section 707 of the Foreign Intelligence Surveillance Act of 1978, dded) shall continue to apply with respect to any directive issued pursuant to section 702(h) of such Act (as so amended, any acquisition pursuant to such authorization or directive shall be deemed not to constitute electronic surveillance (as that term is defined in section 101(f) of the Foreign Intelligence Surveillance Act of 1978, to the extent that such section 101(f) is limited by section 701dded); CommentsClose CommentsPermalink
(C) section 703(e) of such Act (as so added) shall continue to apply with respect to an order or request for emergency assistance under that section; CommentsClose CommentsPermalink
(D) section 706 of such Act (as so added) shall continue to apply to an acquisition conducted under section 702 or 703 of such Act (as so added); and CommentsClose CommentsPermalink
(E)
(4) USE OF INFORMATION ACQUIRED UNDER PROTECT AMERICA ACT- Information acquired from an acquisition conducted under the Protect America Act of 2007, and the amendments made by that Act, shall be deemed to be information acquired from an electronic surveillance pursuant to title IREPORTING REQUIREMENTS- CommentsClose CommentsPermalink
(A) CONTINUED APPLICABILITY- Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (
(B) CERTIFICATION- The certification described in this subparagraph is a certification-- CommentsClose CommentsPermalink
(i) made by the Attorney General; CommentsClose CommentsPermalink
(ii) submitted to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives; CommentsClose CommentsPermalink
(iii) that states that there will be no further acquisitions carried out under title VII of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(a), after the date of such certification; and CommentsClose CommentsPermalink
(iv) that states that the information required to be included in a review, assessment, or report under section 601 of such Act, as amended by section 101(c), or section 702(l) or 707 of such Act, as added by section 101(a), relating to any acquisition conducted under title VII of such Act, as amended by section 101(a), has been included in a review, assessment, or report under such section 601, 702(l), or 707. CommentsClose CommentsPermalink
(5) TRANSITION PROCEDURES CONCERNING THE TARGETING OF UNITED STATES PERSONS OVERSEAS- Any authorization in effect on the date of enactment of this Act under section 2.5 of Executive Order 12333 to intentionally target a United States person reasonably believed to be located outside the United States shall remaincontinue in effect, and shall constitute a sufficient basis for conducting such an acquisition targeting a United States person located outside the United States until the earlier of-- CommentsClose CommentsPermalink
(A) the date that such authorization expires; or CommentsClose CommentsPermalink
(B) the date that is 90 days after the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 405. NO RIGHTS UNDER THE FISA AMENDMENTS ACT OF 2008 FOR UNDOCUMENTED ALIENS.
This Act and the amendments made by this Act shall not be construed to prohibit surveillance of, or grant any rights to, an alien not permitted to be in or remain in the United States. CommentsClose CommentsPermalink
SEC. 406. SURVEILLANCE TO PROTECT THE UNITED STATES.
This Act and the amendments made by this Act shall not be construed to prohibit the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (
(1) prevent Osama Bin Laden, al Qaeda, or any other terrorist or terrorist organization from attacking the United States, any United States person, or any ally of the United States; CommentsClose CommentsPermalink
(2) ensure the safety and security of members of the United States Armed Forces or any other officer or employee of the Federal Government involved in protecting the national security of the United States; or CommentsClose CommentsPermalink
(3) protect the United States, any United States person, or any ally of the United States from threats posed by weapons of mass destruction or other threats to national security. CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk.CommentsClose CommentsPermalink
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