69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–385 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3773) TO AMEND THE 

FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO ESTABLISH A 

PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF FOREIGN 

INTELLIGENCE, AND FOR OTHER PURPOSES 

OCTOBER 16, 2007.—Referred to the House Calendar and ordered to be printed 

Mr. HASTINGS of Florida, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 746] 

The Committee on Rules, having had under consideration House 

Resolution 746, by a record vote of 8 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3773, the ‘‘RESTORE Act of 2007,’’ under a closed rule. The resolution provides 

for 90 minutes of debate, with 60 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence. 

The resolution waives all points of order against consideration of 

the bill except those arising under clause 9 or 10 of rule XXI. In 

lieu of the amendments recommended by the Committee on the Judiciary and the Permanent Select Committee on Intelligence, the 

resolution considers as adopted the amendment in the nature of a 

substitute printed in part A of this report, modified by the amendment printed in part B of this report, and considers the bill, as 

amended, as read. The resolution waives all points of order against 

provisions in the bill, as amended. This waiver does not affect the 

point of order available under clause 9 of rule XXI (regarding earmark disclosure). The resolution provides one motion to recommit 

with or without instructions. Finally, the resolution permits the 

Chair, during consideration of the bill, to postpone further consideration of it to a time designated by the Speaker. 


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EXPLANATION OF WAIVERS

The waiver of all points of order against the bill and its consideration (except those arising under clause 9 or 10 of rule XXI) includes a waiver of clause 3(c)(4) of rule XIII (statement of performance goals) with respect to the report of the Permanent Select 

Committee on Intelligence. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 351 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. Dreier. 

Summary of motion: To grant an open rule. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 352 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an Amendment in the Nature of a Substitute by Rep. 

Forbes (VA), #9, which would incorporate the Bush Administration’s proposed FISA Modernization Act of 2007 from April 2007. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 353 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Issa (CA), #5, which would extend liability protection to telecommunications and other communication providers who relied on directives or orders from the government to assist the government with intelligence activities intended to protect the United States from another terrorist attack, 

from the period beginning on September 11, 2001 and ending on 

the date of enactment of this Act. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 


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Rules Committee record vote No. 354 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Lungren (CA), #4, which would 

extend FISA to include individuals and groups engaged in the proliferation of weapons of mass destruction. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea; Slaughter—Nay. 

Rules Committee record vote No. 355 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Gohmert (TX), #8, which would 

eliminate the requirements in the bill that the government obtain 

a FISA court order to acquire communications of non-United States 

persons who are reasonably believed to be located outside the 

United States. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea; Slaughter—Nay. 

Rules Committee record vote No. 356 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Hoekstra (MI), #19, which 

would strike the sunset provision in the RESTORE Act, currently 

December 31, 2009. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea; Slaughter—Nay. 

Rules Committee record vote No. 357 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Hoekstra (MI), #24, which 

would strike provisions in the bill that limit the definition of ‘‘foreign intelligence information’’ to information necessary to protect 

against attack by a foreign power or information with respect to a 

foreign power that relates to national defense. The amendment 

would broaden the bill’s definition of FII to information with reVerDate Aug 31 2005 04:28 Oct 17, 2007 Jkt 069008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR385.XXX HR385

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spect to a foreign power that could be necessary to the foreign affairs of the United States. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 358 

Date: October 16, 2007. 

Measure: H.R. 3773. 

Motion by: Mr. McGovern. 

Summary of motion: To grant the rule. 

Results: Adopted 8–4. 

Vote by Members: McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Cardoza—Yea; Welch—Yea; Castor—Yea; Arcuri—Yea; 

Dreier—Nay; Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—

Nay; Slaughter—Yea. 

SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

The RESTORE Act would provide a new authority for the Executive Branch to conduct surveillance of persons reasonably believed 

to be located outside the United States. This new authority allows 

the government to obtain a single order to authorize surveillance 

on multiple targets and provides for immediate surveillance in the 

event of an emergency. It also includes several provisions to allow 

for independent oversight by the courts, the Congress and the Department of Justice Inspector General. Additional sections of the 

Act provide resources to Department of Justice, NSA, and the FISA 

Court needed to assist in auditing these new authorities and to expedite the FISA applications process. The RESTORE Act would 

also require the Department of Justice Inspector General to conduct an audit of the Administration’s warrantless surveillance programs—to include providing authorizations and legal memoranda 

to Congress. It includes a sunset provision that would repeal the 

RESTORE Act by December 31, 2009. 

SUMMARY OF AMENDMENT IN PART B TO BE CONSIDERED AS ADOPTED

The amendment would clarify that no court order is required for 

surveillance where the sender and recipients are not known to be 

United States persons and reasonably believed to be located outside the United States. It would also allow the FISA Court to issue 

temporary orders authorizing surveillance pending the appeal of an 

application under section 105B. Further, it would require that any 

directive seeking the assistance of a communications service provider in conducting surveillance include a certification that the directive is in compliance with specific, relevant provisions of FISA. 

It would extend the statute of limitations for the penalty provisions 

of FISA from five years to ten years. Finally, it would clarify that 

the RESTORE Act does not confer any rights or privileges on nonUnited States persons. 


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PART A—TEXT OF AMENDMENT TO BE CONSIDERED AS 

ADOPTED 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Responsible 

Electronic Surveillance That is Overseen, Reviewed, and Effective 

Act of 2007’’ or ‘‘RESTORE Act of 2007’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Clarification of electronic surveillance of non-United States persons outside 

the United States. 

Sec. 3. Additional authorization of acquisitions of communications of non-United 

States persons located outside the United States who may be communicating with persons inside the United States. 

Sec. 4. Emergency authorization of acquisitions of communications of non-United 

States persons located outside the United States who may be communicating with persons inside the United States. 

Sec. 5. Oversight of acquisitions of communications of non-United States persons 

located outside of the United States who may be communicating with 

persons inside the United States. 

Sec. 6. Foreign Intelligence Surveillance Court en banc. 

Sec. 7. Foreign Intelligence Surveillance Court matters. 

Sec. 8. Reiteration of FISA as the exclusive means by which electronic surveillance 

may be conducted for gathering foreign intelligence information. 

Sec. 9. Enhancement of electronic surveillance authority in wartime and other collection. 

Sec. 10. Audit of warrantless surveillance programs. 

Sec. 11. Record-keeping system on acquisition of communications of United States 

persons. 

Sec. 12. Authorization for increased resources relating to foreign intelligence surveillance. 

Sec. 13. Document management system for applications for orders approving electronic surveillance. 

Sec. 14. Training of intelligence community personnel in foreign intelligence collection matters. 

Sec. 15. Information for Congress on the terrorist surveillance program and similar 

programs. 

Sec. 16. Technical and conforming amendments. 

Sec. 17. Sunset; transition procedures. 

SEC. 2. CLARIFICATION OF ELECTRONIC SURVEILLANCE OF NONUNITED STATES PERSONS OUTSIDE THE UNITED STATES. 

Section 105A of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801 et seq.) is amended to read as follows: 

‘‘CLARIFICATION OF ELECTRONIC SURVEILLANCE OF NON-UNITED

STATES PERSONS OUTSIDE THE UNITED STATES

‘‘SEC. 105A. (a) FOREIGN TO FOREIGN COMMUNICATIONS.—Notwithstanding any other provision of this Act, a court order is not 

required for the acquisition of the contents of any communication 

between persons that are not United States persons and are not located within the United States for the purpose of collecting foreign 

intelligence information, without respect to whether the communication passes through the United States or the surveillance device is located within the United States. 

‘‘(b) COMMUNICATIONS OF NON-UNITED STATES PERSONS OUTSIDE

OF THE UNITED STATES.—Notwithstanding any other provision of 

this Act other than subsection (a), electronic surveillance that is directed at the acquisition of the communications of a person that is 


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reasonably believed to be located outside the United States and not 

a United States person for the purpose of collecting foreign intelligence information (as defined in paragraph (1) or (2)(A) of section 

101(e)) by targeting that person shall be conducted pursuant to— ‘‘(1) an order approved in accordance with section 105 or 

105B; or ‘‘(2) an emergency authorization in accordance with section 

105 or 105C.’’. 

SEC. 3. ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED STATES PERSONS LOCATED 

OUTSIDE THE UNITED STATES WHO MAY BE COMMUNICATING WITH INSIDE THE UNITED STATES. 

Section 105B of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801 et seq.) is amended to read as follows: 

‘‘ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS

OF NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED

STATES WHO MAY BE COMMUNICATING WITH PERSONS INSIDE THE

UNITED STATES

‘‘SEC. 105B. (a) IN GENERAL.—Notwithstanding any other provision of this Act, the Director of National Intelligence and the Attorney General may jointly apply to a judge of the court established 

under section 103(a) for an ex parte order, or the extension of an 

order, authorizing for a period of up to one year the acquisition of 

communications of persons that are reasonably believed to be located outside the United States and not United States persons for 

the purpose of collecting foreign intelligence information (as defined in paragraph (1) or (2)(A) of section 101(e)) by targeting those 

persons. ‘‘(b) APPLICATION INCLUSIONS.—An application under subsection 

(a) shall include— ‘‘(1) a certification by the Director of National Intelligence 

and the Attorney General that— ‘‘(A) the targets of the acquisition of foreign intelligence 

information under this section are persons reasonably believed to be located outside the United States who may be 

communicating with persons inside the United States; 

‘‘(B) the targets of the acquisition are reasonably believed to be persons that are not United States persons; 

‘‘(C) the acquisition involves obtaining the foreign intelligence information from, or with the assistance of, a communications service provider or custodian, or an officer, 

employee, or agent of such service provider or custodian, 

who has authorized access to the communications to be acquired, either as they are transmitted or while they are 

stored, or equipment that is being or may be used to transmit or store such communications; and 

‘‘(D) a significant purpose of the acquisition is to obtain 

foreign intelligence information (as defined in paragraph 

(1) or (2)(A) of section 101(e)); and 

‘‘(2) a description of—

‘‘(A) the procedures that will be used by the Director of 

National Intelligence and the Attorney General during the 

duration of the order to determine that there is a reasonable belief that the persons that are the targets of the acVerDate Aug 31 2005 04:28 Oct 17, 2007 Jkt 069008 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\HR385.XXX HR385

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quisition are located outside the United States and not 

United States persons; ‘‘(B) the nature of the information sought, including the 

identity of any foreign power against whom the acquisition 

will be directed; ‘‘(C) minimization procedures that meet the definition of 

minimization procedures under section 101(h) to be used 

with respect to such acquisition; and ‘‘(D) the guidelines that will be used to ensure that an 

application is filed under section 104, if otherwise required 

by this Act, when 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. ‘‘(c) SPECIFIC PLACE NOT REQUIRED.—An application under subsection (a) is not required to identify the specific facilities, places, 

premises, or property at which the acquisition of foreign intelligence information will be directed. 

‘‘(d) REVIEW OF APPLICATION.—Not later than 15 days after a 

judge receives an application under subsection (a), the judge shall 

review such application and shall approve the application if the 

judge finds that—

‘‘(1) the proposed procedures referred to in subsection 

(b)(2)(A) are reasonably designed to determine whether the targets of the acquisition are located outside the United States 

and not United States persons; 

‘‘(2) the proposed minimization procedures referred to in subsection (b)(2)(C) meet the definition of minimization procedures 

under section 101(h); and 

‘‘(3) the guidelines referred to in subsection (b)(2)(D) are reasonably designed to ensure that an application is filed under 

section 104, if otherwise required by this Act, when 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. ‘‘(e) ORDER.— ‘‘(1) IN GENERAL.—A judge approving an application under 

subsection (d) shall issue an order— ‘‘(A) authorizing the acquisition of the contents of the 

communications as requested, or as modified by the judge; ‘‘(B) requiring the communications service provider or 

custodian, or officer, employee, or agent of such service 

provider or custodian, who has authorized access to the information, facilities, or technical assistance necessary to 

accomplish the acquisition to provide such information, facilities, or technical assistance necessary to accomplish the 

acquisition and to produce a minimum of interference with 

the services that provider, custodian, officer, employee, or 

agent is providing the target of the acquisition; ‘‘(C) requiring such communications service provider, 

custodian, officer, employee, or agent, upon the request of 

the applicant, to maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition 

or the aid furnished; 


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‘‘(D) directing the Federal Government to— ‘‘(i) compensate, at the prevailing rate, a person for 

providing information, facilities, or assistance pursuant to such order; and ‘‘(ii) provide a copy of the portion of the order directing the person to comply with the order to such person; and ‘‘(E) directing the applicant to follow— ‘‘(i) the procedures referred to in subsection (b)(2)(A) 

as proposed or as modified by the judge; ‘‘(ii) the minimization procedures referred to in subsection (b)(2)(C) as proposed or as modified by the 

judge; and ‘‘(iii) the guidelines referred to in subsection 

(b)(2)(D) as proposed or as modified by the judge. ‘‘(2) FAILURE TO COMPLY.—If a person fails to comply with an 

order issued under paragraph (1), the Attorney General may 

invoke the aid of the court established under section 103(a) to 

compel compliance with the order. Failure to obey an order of 

the court may be punished by the court as contempt of court. 

Any process under this section may be served in any judicial 

district in which the person may be found. 

‘‘(3) LIABILITY OF ORDER.—Notwithstanding any other law, 

no cause of action shall lie in any court against any person for 

providing any information, facilities, or assistance in accordance with an order issued under this subsection. ‘‘(4) RETENTION OF ORDER.—The Director of National Intelligence and the court established under subsection 103(a) shall 

retain an order issued under this section for a period of not 

less than 10 years from the date on which such order is issued. ‘‘(5) ASSESSMENT OF COMPLIANCE WITH COURT ORDER.—At or 

before the end of the period of time for which an acquisition 

is approved by an order or an extension under this section, the 

court established under section 103(a) shall, not less frequently 

than once each quarter, assess compliance with the procedures 

and guidelines referred to in paragraph (1)(E) and review the 

circumstances under which information concerning United 

States persons was acquired, retained, or disseminated.’’. 

SEC. 4. EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED STATES PERSONS LOCATED 

OUTSIDE THE UNITED STATES WHO MAY BE COMMUNICATING WITH PERSONS INSIDE THE UNITED STATES. 

Section 105C of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801 et seq.) is amended to read as follows: 

‘‘EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS

OF NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED

STATES WHO MAY BE COMMUNICATING WITH PERSONS INSIDE THE

UNITED STATES

‘‘SEC. 105C. (a) APPLICATION AFTER EMERGENCY AUTHORIZA- TION.—As soon as is practicable, but not more than 7 days after the 

Director of National Intelligence and the Attorney General authorize an acquisition under this section, an application for an order 

authorizing the acquisition in accordance with section 105B shall 

be submitted to the judge referred to in subsection (b)(2) of this 


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section for approval of the acquisition in accordance with section 

105B. ‘‘(b) EMERGENCY AUTHORIZATION.—Notwithstanding any other 

provision of this Act, the Director of National Intelligence and the 

Attorney General may jointly authorize the emergency acquisition 

of foreign intelligence information (as defined in paragraph (1) or 

(2)(A) of section 101(e)) for a period of not more than 45 days if— ‘‘(1) the Director of National Intelligence and the Attorney 

General jointly determine that— ‘‘(A) an emergency situation exists with respect to an authorization for an acquisition under section 105B before an 

order approving the acquisition under such section can 

with due diligence be obtained; ‘‘(B) the targets of the acquisition of foreign intelligence 

information under this section are persons reasonably believed to be located outside the United States who may be 

communicating with persons inside the United States; ‘‘(C) the targets of the acquisition are reasonably believed to be persons that are not United States persons; ‘‘(D) there are procedures in place that will be used by 

the Director of National Intelligence and the Attorney 

General during the duration of the authorization to determine if there is a reasonable belief that the persons that 

are the targets of the acquisition are located outside the 

United States and not United States persons; ‘‘(E) the acquisition involves obtaining the foreign intelligence information from, or with the assistance of, a communications service provider or custodian, or an officer, 

employee, or agent of such service provider or custodian, 

who has authorized access to the communications to be acquired, either as they are transmitted or while they are 

stored, or equipment that is being or may be used to transmit or store such communications; ‘‘(F) a significant purpose of the acquisition is to obtain 

foreign intelligence information (as defined in paragraph 

(1) or (2)(A) of section 101(e)); 

‘‘(G) minimization procedures to be used with respect to 

such acquisition activity meet the definition of minimization procedures under section 101(h); and 

‘‘(H) there are guidelines that will be used to ensure that 

an application is filed under section 104, if otherwise required by this Act, when 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; and 

‘‘(2) the Director of National Intelligence and the Attorney 

General, or their designees, inform a judge having jurisdiction 

to approve an acquisition under section 105B at the time of the 

authorization under this section that the decision has been 

made to acquire foreign intelligence information. 

‘‘(c) INFORMATION, FACILITIES, AND TECHNICAL ASSISTANCE.—Pursuant to an authorization of an acquisition under this section, the 

Attorney General may direct a communications service provider, 

custodian, or an officer, employee, or agent of such service provider 

or custodian, who has the lawful authority to access the informaVerDate Aug 31 2005 04:28 Oct 17, 2007 Jkt 069008 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\HR385.XXX HR385

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tion, facilities, or technical assistance necessary to accomplish such 

acquisition to—

‘‘(1) furnish the Attorney General forthwith with such information, facilities, or technical assistance in a manner that will 

protect the secrecy of the acquisition and produce a minimum 

of interference with the services that provider, custodian, officer, employee, or agent is providing the target of the acquisition; and 

‘‘(2) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any 

records concerning the acquisition or the aid furnished.’’. 

SEC. 5. OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF NONUNITED STATES PERSONS LOCATED OUTSIDE OF THE 

UNITED STATES WHO MAY BE COMMUNICATING WITH 

PERSONS INSIDE THE UNITED STATES. 

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1801 et seq.) is amended by inserting after section 105C the following new section: 

‘‘OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED

STATES PERSONS LOCATED OUTSIDE OF THE UNITED STATES WHO

MAY BE COMMUNICATING WITH PERSONS INSIDE THE UNITED

STATES

‘‘SEC. 105D. (a) APPLICATION; PROCEDURES; ORDERS.—Not later 

than 7 days after an application is submitted under section 105B(a) 

or an order is issued under section 105B(e), the Director of National Intelligence and the Attorney General shall submit to the appropriate committees of Congress—

‘‘(1) in the case of an application—

‘‘(A) a copy of the application, including the certification 

made under section 105B(b)(1); and 

‘‘(B) a description of the primary purpose of the acquisition for which the application is submitted; and 

‘‘(2) in the case of an order, a copy of the order, including the 

procedures and guidelines referred to in section 105B(e)(1)(E). 

‘‘(b) REGULAR AUDITS.—

‘‘(1) AUDIT.—Not later than 120 days after the date of the enactment of this section, and every 120 days thereafter until the 

expiration of all orders issued under section 105B, the Inspector General of the Department of Justice shall complete an 

audit on the implementation of and compliance with the procedures and guidelines referred to in section 105B(e)(1)(E) and 

shall submit to the appropriate committees of Congress, the 

Attorney General, the Director of National Intelligence, and 

the court established under section 103(a) the results of such 

audit, including, for each order authorizing the acquisition of 

foreign intelligence under section 105B—

‘‘(A) the number of targets of an acquisition under such 

order that were later determined to be located in the 

United States; 

‘‘(B) the number of persons located in the United States 

whose communications have been acquired under such 

order; 


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‘‘(C) the number and nature of reports disseminated containing information on a United States person that was 

collected under such order; and 

‘‘(D) the number of applications submitted for approval 

of electronic surveillance under section 104 for targets 

whose communications were acquired under such order. 

‘‘(2) REPORT.—Not later than 30 days after the completion of 

an audit under paragraph (1), the Attorney General shall submit to the appropriate committees of Congress and the court 

established under section 103(a) a report containing the results 

of such audit. 

‘‘(c) COMPLIANCE REPORTS.—Not later than 60 days after the date 

of the enactment of this section, and every 120 days thereafter 

until the expiration of all orders issued under section 105B, the Director of National Intelligence and the Attorney General shall submit to the appropriate committees of Congress and the court established under section 103(a) a report concerning acquisitions under 

section 105B during the previous period. Each report submitted 

under this section shall include a description of any incidents of 

non-compliance with an order issued under section 105B(e), including incidents of non-compliance by— ‘‘(1) an element of the intelligence community with procedures referred to in section 105B(e)(1)(E)(i); ‘‘(2) an element of the intelligence community with minimization procedures referred to in section 105B(e)(1)(E)(ii); 

‘‘(3) an element of the intelligence community with guidelines referred to in section 105B(e)(1)(E)(iii); and ‘‘(4) a person directed to provide information, facilities, or 

technical assistance under such order. ‘‘(d) REPORT ON EMERGENCY AUTHORITY.—The Director of National Intelligence and the Attorney General shall annually submit 

to the appropriate committees of Congress a report containing the 

number of emergency authorizations of acquisitions under section 

105C and a description of any incidents of non-compliance with an 

emergency authorization under such section. 

‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘appropriate committees of Congress’ means—

‘‘(1) the Permanent Select Committee on Intelligence of the 

House of Representatives; 

‘‘(2) the Select Committee on Intelligence of the Senate; and 

‘‘(3) the Committees on the Judiciary of the House of Representatives and the Senate.’’. 

SEC. 6. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN BANC. 

Section 103 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1803) is amended by adding at the end the following 

new subsection: 

‘‘(g) In any case where the court established under subsection (a) 

or a judge of such court is required to review a matter under this 

Act, the court may, at the discretion of the court, sit en banc to review such matter and issue any orders related to such matter.’’. 

SEC. 7. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS. 

(a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 103(a) of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is 

amended—


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(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

(2) in paragraph (1) (as so designated)—

(A) by striking ‘‘11’’ and inserting ‘‘15’’; and 

(B) by inserting ‘‘at least’’ before ‘‘seven of the United 

States judicial circuits’’; and 

(3) by designating the second sentence as paragraph (3) and 

indenting such paragraph, as so designated, two ems from the 

left margin. 

(b) CONSIDERATION OF EMERGENCY APPLICATIONS.—Such section 

is further amended by inserting after paragraph (1) (as designated 

by subsection (a)(1)) the following new paragraph: 

‘‘(2) A judge of the court shall make a determination to approve, 

deny, or modify an application submitted pursuant to section 

105(f), section 304(e), or section 403 not later than 24 hours after 

the receipt of such application by the court.’’. 

SEC. 8. REITERATION OF FISA AS THE EXCLUSIVE MEANS BY WHICH 

ELECTRONIC SURVEILLANCE MAY BE CONDUCTED FOR 

GATHERING FOREIGN INTELLIGENCE INFORMATION. 

(a) EXCLUSIVE MEANS.—Notwithstanding any other provision of 

law, the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1801 et seq.) shall be the exclusive means by which electronic surveillance may be conducted for the purpose of gathering foreign intelligence information. 

(b) SPECIFIC AUTHORIZATION REQUIRED FOR EXCEPTION.—Subsection (a) shall apply until specific statutory authorization for electronic surveillance, other than as an amendment to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), is enacted. Such specific statutory authorization shall be the only exception to subsection (a). 

SEC. 9. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY 

IN WARTIME AND OTHER COLLECTION. 

Sections 111, 309, and 404 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1811, 1829, and 1844) are amended 

by striking ‘‘Congress’’ and inserting ‘‘Congress or an authorization 

for the use of military force described in section 2(c)(2) of the War 

Powers Resolution (50 U.S.C. 1541(c)(2)) if such authorization contains a specific authorization for foreign intelligence collection 

under this section, or if the Congress is unable to convene because 

of an attack upon the United States.’’. 

SEC. 10. AUDIT OF WARRANTLESS SURVEILLANCE PROGRAMS. 

(a) AUDIT.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall complete an audit of all programs of the Federal Government involving the acquisition of communications conducted without a court order on or after September 11, 2001, including the Terrorist Surveillance Program referred to by the President in a radio 

address on December 17, 2005. Such audit shall include acquiring 

all documents relevant to such programs, including memoranda 

concerning the legal authority of a program, authorizations of a 

program, certifications to telecommunications carriers, and court 

orders. 

(b) REPORT.— (1) IN GENERAL.—Not later than 30 days after the completion 

of the audit under subsection (a), the Inspector General shall 


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13 

submit to the Permanent Select Committee on Intelligence and 

the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the 

results of such audit, including all documents acquired pursuant to conducting such audit. 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(c) EXPEDITED SECURITY CLEARANCE.—The Director of National 

Intelligence shall ensure that the process for the investigation and 

adjudication of an application by the Inspector General or the appropriate staff of the Office of the Inspector General of the Department of Justice for a security clearance necessary for the conduct 

of the audit under subsection (a) is conducted as expeditiously as 

possible. 

SEC. 11. RECORD-KEEPING SYSTEM ON ACQUISITION OF COMMUNICATIONS OF UNITED STATES PERSONS. 

(a) RECORD-KEEPING SYSTEM.—The Director of National Intelligence and the Attorney General shall jointly develop and maintain a record-keeping system that will keep track of—

(1) the instances where the identity of a United States person whose communications were acquired was disclosed by an 

element of the intelligence community (as defined in section 

3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) 

that collected the communications to other departments or 

agencies of the United States; and 

(2) the departments and agencies of the Federal Government 

and persons to whom such identity information was disclosed. 

(b) REPORT.—The Director of National Intelligence and the Attorney General shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the 

House of Representatives and the Select Committee on Intelligence 

and the Committee on the Judiciary of the Senate a report on the 

record-keeping system created under subsection (a), including the 

number of instances referred to in paragraph (1). 

SEC. 12. AUTHORIZATION FOR INCREASED RESOURCES RELATING TO 

FOREIGN INTELLIGENCE SURVEILLANCE. 

(a) IN GENERAL.—There are authorized to be appropriated the 

Department of Justice, for the activities of the Office of the Inspector General, the appropriate elements of the National Security Division, and the National Security Agency such sums as may be necessary to meet the personnel and information technology demands 

to ensure the timely and efficient processing of—

(1) applications and other submissions to the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)); 

(2) the audit and reporting requirements under—

(A) section 105D of such Act; and 

(B) section 10; and 

(3) the record-keeping system and reporting requirements 

under section 11. 

(b) ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF APPLICATIONS FOR ORDERS APPROVING ELECTRONIC SURVEILLANCE AND PHYSICAL SEARCH.—


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14 

(1) NATIONAL SECURITY DIVISION OF THE DEPARTMENT OF JUS- TICE.—

(A) ADDITIONAL PERSONNEL.—The National Security Division of the Department of Justice is hereby authorized 

such additional personnel as may be necessary to carry out 

the prompt and timely preparation, modification, and review of applications under Foreign Intelligence Surveillance Act of 1978 for orders under that Act for foreign intelligence purposes. 

(B) ASSIGNMENT.—The Attorney General shall assign 

personnel authorized by paragraph (1) to and among appropriate offices of the intelligence community (as defined 

in section 3(4) of the National Security Act of 1947 (50 

U.S.C. 401a(4))) in order that such personnel may directly 

assist personnel of the Intelligence Community in preparing applications described in that paragraph and conduct prompt and effective oversight of the activities of such 

agencies under Foreign Intelligence Surveillance Court orders. 

(2) DIRECTOR OF NATIONAL INTELLIGENCE.— (A) ADDITIONAL LEGAL AND OTHER PERSONNEL.—The Director of National Intelligence is hereby authorized such 

additional legal and other personnel as may be necessary 

to carry out the prompt and timely preparation of applications under the Foreign Intelligence Surveillance Act of 

1978 for orders under that Act approving electronic surveillance for foreign intelligence purposes. 

(B) ASSIGNMENT.—The Director of National Intelligence 

shall assign personnel authorized by paragraph (1) to and 

among the intelligence community (as defined in section 

3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4))), including the field offices of the Federal Bureau 

of Investigation, in order that such personnel may directly 

assist personnel of the intelligence community in preparing applications described in that paragraph. 

(3) ADDITIONAL LEGAL AND OTHER PERSONNEL FOR FOREIGN

INTELLIGENCE SURVEILLANCE COURT.—There is hereby authorized for the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) 

such additional staff personnel as may be necessary to facilitate the prompt and timely consideration by that court of applications under such Act for orders under such Act approving 

electronic surveillance for foreign intelligence purposes. Personnel authorized by this paragraph shall perform such duties 

relating to the consideration of such applications as that court 

shall direct. 

(4) SUPPLEMENT NOT SUPPLANT.—The personnel authorized 

by this section are in addition to any other personnel authorized by law. 

SEC. 13. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR 

ORDERS APPROVING ELECTRONIC SURVEILLANCE. 

(a) SYSTEM REQUIRED.—The Attorney General shall, in consultation with the Director of National Intelligence and the Foreign Intelligence Surveillance Court, develop and implement a secure, 

classified document management system that permits the prompt 


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preparation, modification, and review by appropriate personnel of 

the Department of Justice, the Federal Bureau of Investigation, the 

National Security Agency, and other applicable elements of the 

United States Government of applications under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) before their submission to the Foreign Intelligence Surveillance Court. 

(b) SCOPE OF SYSTEM.—The document management system required by subsection (a) shall—

(1) permit and facilitate the prompt submittal of applications 

to the Foreign Intelligence Surveillance Court under the Foreign Intelligence Surveillance Act of 1978; and 

(2) permit and facilitate the prompt transmittal of rulings of 

the Foreign Intelligence Surveillance Court to personnel submitting applications described in paragraph (1), and provide 

for the secure electronic storage and retrieval of all such applications and related matters with the court and for their secure 

transmission to the National Archives and Records Administration. 

SEC. 14. TRAINING OF INTELLIGENCE COMMUNITY PERSONNEL IN 

FOREIGN INTELLIGENCE COLLECTION MATTERS. 

The Director of National Intelligence shall, in consultation with 

the Attorney General—

(1) develop regulations to establish procedures for conducting 

and seeking approval of electronic surveillance, physical 

search, and the installation and use of pen registers and trap 

and trace devices on an emergency basis, and for preparing 

and properly submitting and receiving applications and orders 

under the Foreign Intelligence Surveillance Act of 1978; and 

(2) prescribe related training on the Foreign Intelligence 

Surveillance Act of 1978 and related legal matters for the personnel of the applicable agencies of the intelligence community 

(as defined in section 3(4) of the National Security Act of 1947 

(50 U.S.C. 401a(4))). 

SEC. 15. INFORMATION FOR CONGRESS ON THE TERRORIST SURVEILLANCE PROGRAM AND SIMILAR PROGRAMS. 

As soon as practicable after the date of the enactment of this Act, 

but not later than seven days after such date, the President shall 

fully inform each member of the Permanent Select Committee on 

Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate on the following: 

(1) The Terrorist Surveillance Program of the National Security Agency. 

(2) Any program in existence from September 11, 2001, until 

the effective date of this Act that involves, whether in part or 

in whole, the electronic surveillance of United States persons 

in the United States for foreign intelligence or other purposes, 

and which is conducted by any department, agency, or other 

element of the United States Government, or by any entity at 

the direction of a department, agency, or other element of the 

United States Government, without fully complying with the 

procedures set forth in the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1801 et seq.) or chapter 119, 121, or 206 

of title 18, United States Code. 


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SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) TABLE OF CONTENTS.—The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1801 et seq.) is amended by striking the items relating to sections 

105A, 105B, and 105C and inserting the following new items: 

‘‘Sec. 105A. Clarification of electronic surveillance of non-United States persons 

outside the United States. 

‘‘Sec. 105B. Additional authorization of acquisitions of communications of nonUnited States persons located outside the United States who may be 

communicating with persons inside the United States. 

‘‘Sec. 105C. Emergency authorization of acquisitions of communications of nonUnited States persons located outside the United States who may be 

communicating with persons inside the United States. 

‘‘Sec. 105D. Oversight of acquisitions of communications of non-United States persons located outside of the United States who may be communicating 

with persons inside the United States.’’. 

(b) SECTION 103(e) OF FISA.—Section 103(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e)) is amended—

(1) in paragraph (1), by striking ‘‘105B(h) or’’; and 

(2) in paragraph (2), by striking ‘‘105B(h) or’’. 

(c) REPEAL OF CERTAIN PROVISIONS OF THE PROTECT AMERICA

ACT.—Sections 4 and 6 of the Protect America Act (Public Law 

110–55) are hereby repealed. 

SEC. 17. SUNSET; TRANSITION PROCEDURES. 

(a) SUNSET OF NEW PROVISIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), effective on December 31, 2009—

(A) sections 105A, 105B, 105C, and 105D of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

seq.) are hereby repealed; and 

(B) the table of contents in the first section of such Act 

is amended by striking the items relating to sections 105A, 

105B, 105C, and 105D. 

(2) ACQUISITIONS AUTHORIZED PRIOR TO SUNSET.—Any authorization or order issued under section 105B of the Foreign 

Intelligence Surveillance Act of 1978, as amended by this Act, 

in effect on December 31, 2009, shall continue in effect until 

the date of the expiration of such authorization or order. 

(b) ACQUISITIONS AUTHORIZED PRIOR TO ENACTMENT.—

(1) EFFECT.—Notwithstanding the amendments made by this 

Act, an authorization of the acquisition of foreign intelligence 

information under section 105B of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) made before 

the date of the enactment of this Act shall remain in effect 

until the date of the expiration of such authorization or the 

date that is 180 days after such date of enactment, whichever 

is earlier. 

(2) REPORT.—Not later than 30 days after the date of the expiration of all authorizations of acquisition of foreign intelligence information under section 105B of the Foreign Intelligence Surveillance Act of 1978 (as added by Public Law 110–

55) made before the date of the enactment of this Act in accordance with paragraph (1), the Director of National Intelligence and the Attorney General shall submit to the Permanent Select Committee on Intelligence and the Committee on 

the Judiciary of the House of Representatives and the Select 


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Committee on Intelligence and the Committee on the Judiciary 

of the Senate a report on such authorizations, including— (A) the number of targets of an acquisition under section 

105B of such Act (as in effect on the day before the date 

of the enactment of this Act) that were later determined 

to be located in the United States; 

(B) the number of persons located in the United States 

whose communications have been acquired under such section; 

(C) the number of reports disseminated containing information on a United States person that was collected under 

such section; 

(D) the number of applications submitted for approval of 

electronic surveillance under section 104 of such Act based 

upon information collected pursuant to an acquisition authorized under section 105B of such Act (as in effect on the 

day before the date of the enactment of this Act); and 

(E) a description of any incidents of non-compliance with 

an authorization under such section, including incidents of 

non-compliance by— (i) an element of the intelligence community with 

procedures referred to in subsection (a)(1) of such section; 

(ii) an element of the intelligence community with 

minimization procedures referred to in subsection 

(a)(5) of such section; and 

(iii) a person directed to provide information, facilities, or technical assistance under subsection (e) of 

such section. 

(3) INTELLIGENCE COMMUNITY DEFINED.—In this subsection, 

the term ‘‘intelligence community’’ has the meaning given the 

term in section 3(4) of the National Security Act of 1947 (50 

U.S.C. 401a(4)). 

PART B—TEXT OF AMENDMENT TO BE CONSIDERED AS 

ADOPTED 

Page 2, strike lines 10 through 18 and insert the following: 

‘‘SEC. 105A. (a) FOREIGN TO FOREIGN COMMUNICATIONS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

this Act, a court order is not required for electronic surveillance directed at the acquisition of the contents of any communication between persons that are not known to be United 

States persons and are reasonably believed to be located outside the United States for the purpose of collecting foreign intelligence information, without respect to whether the communication passes through the United States or the surveillance 

device is located within the United States. 

‘‘(2) TREATMENT OF INADVERTENT INTERCEPTIONS.—If electronic surveillance referred to in paragraph (1) inadvertently 

collects a communication in which at least one party to the 

communication is located inside the United States or is a 

United States person, the contents of such communication 

shall be handled in accordance with minimization procedures 

adopted by the Attorney General that require that no contents 

of any communication to which a United States person is a 


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18 

party shall be disclosed, disseminated, or used for any purpose 

or retained for longer than 7 days unless a court order under 

section 105 is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person. 

Page 3, line 16 strike ‘‘COMMUNICATING WITH’’ and insert ‘‘COMMUNICATING WITH PERSONS’’. Page 6, line 20, strike ‘‘APPLICATION.—Not later than’’ and insert 

the following: ‘‘APPLICATION; APPEALS.— ‘‘(1) REVIEW OF APPLICATION.—Not later than’’ Page 6, line 24, redesignate paragraph (1) as subparagraph (A). 

Page 7, line 4, redesignate paragraph (2) as subparagraph (B). 

Page 7, line 8, redesignate paragraph (3) as subparagraph (C). 

Page 7, after line 14 insert the following: ‘‘(2) TEMPORARY ORDER; APPEALS.—

‘‘(A) TEMPORARY ORDER.—A judge denying an application 

under paragraph (1) may, at the application of the United 

States, issue a temporary order to authorize an acquisition 

under section 105B in accordance with the application submitted under subsection (a) during the pendency of any appeal of the denial of such application. 

‘‘(B) APPEALS.—The United States may appeal the denial 

of an application for an order under paragraph (1) or a 

temporary order under subparagraph (A) in accordance 

with section 103. 

Page 8, line 19, strike ‘‘and’’. Page 8, after line 22 insert the following: ‘‘(iii) a certification stating that the acquisition is 

authorized under this section and that all requirements of this section have been met; and’’. Page 14, line 2, strike ‘‘ASSISTANCE.—Pursuant to’’ and insert the 

following: ‘‘ASSISTANCE.—

‘‘(1) DIRECTIVE.—Pursuant to’’ Page 14, line 9, redesignate paragraph (1) as subparagraph (A). 

Page 14, line 16, redesignate paragraph (2) as subparagraph (B). 

Page 14, line 19, strike the quotation mark and the second period. 

Page 14, after line 19 insert the following: ‘‘(2) PARAMETERS; CERTIFICATIONS.—The Attorney General 

shall provide to any person directed to provide assistance 

under paragraph (1) with— ‘‘(A) a document setting forth the parameters of the directive; ‘‘(B) a certification stating that— ‘‘(i) the emergency authorization has been issued 

pursuant to this section; ‘‘(ii) all requirements of this section been met; 

‘‘(iii) a judge has been informed of the emergency 

authorization in accordance with subsection (b)(2); and ‘‘(iv) an application will be submitted in accordance 

with subsection (a); and 

‘‘(C) a certification that the recipient of the directive 

shall be compensated, at the prevailing rate, for providing 

information, facilities, or assistance pursuant to such directive.’’. 


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Page 31, line 2, strike ‘‘Protect America Act’’ and insert ‘‘Protect 

America Act of 2007’’. At the appropriate place in the bill insert the following new section: 

SEC. ll. CERTIFICATION TO COMMUNICATIONS SERVICE PROVIDERS 

THAT ACQUISITIONS ARE AUTHORIZED UNDER FISA. 

(a) AUTHORIZATION UNDER SECTION 102.—Section 102(a) of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)) is 

amended by striking ‘‘furnishing such aid’’ and inserting ‘‘furnishing such aid and shall provide such carrier with a certification 

stating that the electronic surveillance is authorized under this section and that all requirements of this section have been met’’. 

(b) AUTHORIZATION UNDER SECTION 105.—Section 105(c)(2) of 

such Act (50 U.S.C. 1805(c)(2)) is amended—

(1) in subparagraph (C), by striking ‘‘; and’’ and inserting ‘‘;’’; 

(2) in subparagraph (D), by striking ‘‘aid.’’ and inserting ‘‘aid; 

and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(E) that the applicant provide such carrier, landlord, 

custodian, or other person with a certification stating that 

the electronic surveillance is authorized under this section 

and that all requirements of this section have been met.’’. 

At the appropriate place in the bill insert the following new section: 

SEC. ll. STATUTE OF LIMITATIONS. 

(a) IN GENERAL.—Section 109 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809) is amended by adding at the end 

the following new subsection: 

‘‘(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.’’. 

(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. 

At the appropriate place in the bill insert the following new section: 

SEC. ll. NO RIGHTS UNDER THE RESTORE ACT FOR UNLAWFUL 

RESIDENTS. 

Nothing in this Act or the amendments made by this Act shall 

be construed to prevent lawfully conducted surveillance of or grant 

any rights to an alien not lawfully permitted to be in or remain in 

the United States. 

Æ 


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