Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for acquiring the communications of certain persons outside the United States.
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations, including:
(1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States in order to acquire the communications of a specific person reasonably believed to be inside the United States; and
(2) requiring the targeting to be conducted in a manner consistent with the fourth amendment to the Constitution. Requires:
(1) certain targeting and minimization procedures to be followed;
(2) the AG to adopt guidelines to ensure that such limitations and procedures are followed;
(3) the AG to submit such guidelines to the congressional intelligence and judiciary committees and the Foreign Intelligence Surveillance Court (Court) for review; and
(4) prior to such targeting, a certification by the AG and DNI as to the necessity of such targeting and that appropriate procedures and limitations will be followed.
Allows the AG and DNI, if immediate targeting is determined to be required due to an emergency situation, to commence such targeting, but to submit the certification within seven days of such determination.
Requires all certifications to be submitted to the Court for review.
Authorizes the AG and DNI to direct an electronic communication service provider to:
(1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition; and
(2) maintain under security procedures any records concerning such acquisition.
Outlines legal procedures with respect to directive challenges, standards for review, enforcement, and appeals.
(1) judicial review of certifications and targeting and minimization procedures; and
(2) review of Court rulings by the Foreign Intelligence Surveillance Court of Review (with certiorari to the Supreme Court). Outlines conditions under which the AG and DNI may, through the Court:
(1) replace a targeting acquisition already in effect before the enactment of this Act with an acquisition authorized under this Act; or
(2) reauthorize a current acquisition under the procedures and guidelines of this Act. Requires Court maintenance and security of records and proceedings with respect to acquisition applications, orders, appeals, and determinations.
Requires the AG and DNI, at least every six months, to:
(1) assess compliance with required targeting and minimization procedures and related guidelines; and
(2) submit assessment results to the Court and the intelligence and judiciary committees.
Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) authorized to acquire foreign intelligence information to review their agency or element's compliance with such procedures and guidelines and provide review results to the AG, the DNI, and the intelligence and judiciary committees.
Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court, the AG, the DNI, and the intelligence and judiciary committees.
Provides Court jurisdiction for approving the targeting of a U.S. person located outside the United States when the acquisition of information is conducted inside the United States. Requires an application for such acquisition to be made by a federal officer (and approved by the AG), and to contain certain requirements, including that the target is believed to be a foreign power or agent, officer, or employee of a foreign power.
Provides for judicial review of a Court order approving such an acquisition.
Makes approval orders effective for 90 days, with authorized 90-day renewals.
Allows the AG to authorize an emergency acquisition of such a target under certain circumstances, including:
(1) determining that an emergency exists;
(2) informing a Court judge of such determination; and
(3) applying within seven days for a Court order authorizing such surveillance.
Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) by an IC element of a physical search.
Authorizes the: (1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and (2) concurrent authorizations of electronic surveillance and physical searches.
Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.