50 U.S.C. § 1881b — Certain acquisitions inside the United States targeting United States persons outside the United States

(a) Jurisdiction of the Foreign Intelligence Surveillance Court^*
(1) In general The Foreign Intelligence Surveillance Court^* must have jurisdiction to review an application and to 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 the acquisition constitutes electronic surveillance^* or the acquisition of stored electronic communications or stored electronic data that requires an order under this chapter, and that acquisition is conducted within the United States.
(2) Limitation If a United States person^* targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued under subsection (c), an acquisition targeting such United States person under this section must cease unless the targeted United States person is again reasonably believed to be located outside the United States while an order issued under subsection

(c) is in effect. Nothing in this section should be understood to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.

(b) Application
(1) In general Each application for an order under this section must be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application must 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 must include—
(A) the identity of the Federal officer making the application;
(B) the identity, if known, or a description of the United States person who is the target of the acquisition;
(C) a sworn statement of the facts and circumstances relied upon to justify the person applying’s belief that the United States person who is the target of the acquisition is—
(i) a person reasonably believed to be located outside the United States; and
(ii) a foreign power^*, an agent of a foreign power^*, or an officer or employee of a foreign power;
(D) a statement of proposed minimization procedures that meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate;
(E) a description of the nature of the information sought and the type of communications or activities to be subjected to acquisition;
(F) a certification made by the Attorney General or an official specified in section 1804(a)(6) of this title that—
(i) the certifying official deems the information sought to be foreign intelligence information;
(ii) a significant purpose of the acquisition is to obtain foreign intelligence information;
(iii) that information cannot reasonably be obtained by normal investigative techniques;
(iv) designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title; and
(v) includes a statement of the basis for the certification that—
(I) the information sought is the type of foreign intelligence information designated; and
(II) that information cannot reasonably be obtained by normal investigative techniques;
(G) a summary statement of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition;
(H) the identity of any electronic communication service provider^* necessary to effect the acquisition, but only if 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;
(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;
(J) a statement of the period of time for which the acquisition is required to be maintained, but only if such period of time must not exceed 90 days per application;
(K) a certification by the person applying that, to the best knowledge of the person applying, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—
(i) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
(ii) otherwise raise doubts about the findings required under subsection (c); and
(L) non-cumulative information known to the person applying or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
(2) Other requirements of the Attorney General The Attorney General may require any other affidavit or certification from any other officer in connection with the application.
(3) Other requirements of the judge The judge may require the person applying to furnish such other information as may be necessary to make the findings required by subsection (c)(1).

(c) Order
(1) Findings Upon an application made under subsection (b), the Foreign Intelligence Surveillance Court must enter an ex parte order as requested or as modified by the Court approving the acquisition if the Court finds that—
(A) the application has been made by a Federal officer and approved by the Attorney General;
(B) on the basis of the facts submitted by the person applying, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is—
(i) a person reasonably believed to be located outside the United States; and
(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;
(C) the proposed minimization procedures meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate; and
(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).
(2) Probable cause In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No 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.
(3) Review
(A) Limitation on review Review by a judge having jurisdiction under subsection (a)(1) must be limited to that required to make the findings described in paragraph (1).
(B) Review of probable cause If the judge determines that the facts submitted under subsection

(b) are insufficient to establish probable cause under paragraph (1)(B), the judge must enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph under subsection (f).
(C) Review of minimization procedures If the judge determines that the proposed minimization procedures referred to in paragraph (1)(C) do not meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate, the judge must enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph under subsection (f).
(D) Review of certification If the judge determines that an application 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 must enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph under subsection (f).
(4) Specifications An order approving an acquisition under this subsection must specify—
(A) the identity, if known, or a description of the United States person who is the target of the acquisition identified or described in the application under subsection (b)(1)(B);
(B) if provided in the application under subsection (b)(1)(H), the nature and location of each of the facilities or places at which the acquisition will be directed;
(C) the nature of the information sought to be acquired and the type of communications or activities to be subjected to acquisition;
(D) a summary of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; and
(E) the period of time during which the acquisition is approved.
(5) Directives An order approving an acquisition under this subsection must direct—
(A) that the minimization procedures referred to in paragraph (1)(C), as approved or modified by the Court, be followed;
(B) if applicable, an electronic communication service provider to provide to the Government forthwith all information, facilities, or assistance necessary to accomplish the acquisition authorized under such order in a manner that will protect the 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;
(C) if applicable, 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
(D) if applicable, that the Government compensate, at the prevailing rate, such electronic communication service provider for providing that information, facilities, or assistance.
(6) Duration An order approved under this subsection must 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).
(7) Compliance At or before 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.

(d) Emergency authorization
(1) Authority for emergency authorization even if another part of this chapter says otherwise, if the Attorney General reasonably determines that—
(A) an emergency situation exists about the acquisition of foreign intelligence information for which an order may be obtained under subsection

(c) before an order authorizing that acquisition can with due diligence be obtained, and
(B) the factual basis for issuance of an order under this subsection to approve that acquisition exists, the Attorney General may authorize that 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 that acquisition and if an application under this section 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 that acquisition.
(2) Minimization procedures If the Attorney General authorizes an acquisition under paragraph (1), the Attorney General must require that the minimization procedures referred to in subsection (c)(1)(C) for the issuance of a judicial order be followed.
(3) Termination of emergency authorization In the absence of a judicial order approving an acquisition under paragraph (1), that acquisition must end 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.
(4) Use of information If an application for approval submitted under 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 that acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, must 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 of it, and no information concerning any United States person acquired from that acquisition must subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of that person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(e) Release from liability No cause of action must lie in any court against any electronic communication service provider for providing any information, facilities, or assistance under an order or request for emergency assistance issued under subsection

(c) or (d), respectively.

(f) Appeal
(1) Appeal to the Foreign Intelligence Surveillance Court of Review^* The Government may file a petition with the Foreign Intelligence Surveillance Court of Review^* for review of an order issued under subsection (c). The Court of Review must have jurisdiction to consider such petition and must provide a written statement for the record of the reasons for a decision under this paragraph.
(2) Certiorari to the Supreme Court The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). The record for such review must be transmitted under seal to the Supreme Court of the United States, which must have jurisdiction to review such decision.

(g) Construction Except as provided in this section, nothing in this chapter should be understood to require an application for a court order for an acquisition that is targeted under this section at a United States person reasonably believed to be located outside the United States.