PUBLIC LAW 110–261—JULY 10, 2008 

FOREIGN INTELLIGENCE SURVEILLANCE 

ACT OF 1978 AMENDMENTS ACT OF 2008 


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122 STAT. 2436 PUBLIC LAW 110–261—JULY 10, 2008 

Public Law 110–261 

110th Congress 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008’’ or the 

‘‘FISA Amendments Act of 2008’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE 

Sec. 102. Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted. 

Sec. 103. Submittal to Congress of certain court orders under the Foreign Intelligence Surveillance Act of 1978. 

Sec. 104. Applications for court orders. 

Sec. 105. Issuance of an order. 

Sec. 106. Use of information. 

Sec. 107. Amendments for physical searches. 

Sec. 108. Amendments for emergency pen registers and trap and trace devices. 

Sec. 109. Foreign Intelligence Surveillance Court. 

Sec. 110. Weapons of mass destruction. 

TITLE II—PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE 

PROVIDERS 

Sec. 201. Procedures for implementing statutory defenses under the Foreign Intelligence Surveillance Act of 1978. 

Sec. 202. Technical amendments. 

TITLE III—REVIEW OF PREVIOUS ACTIONS 

Sec. 301. Review of previous actions. 

TITLE IV—OTHER PROVISIONS 

Sec. 401. Severability. 

Sec. 402. Effective date. 

Sec. 403. Repeals. 

Sec. 404. Transition procedures. 

50 USC 1801 

note. 

Foreign 

Intelligence 

Surveillance Act 

of 1978 

Amendments Act 

of 2008. 

July 10, 2008 

[H.R. 6304] 


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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 (50 U.S.C. 1801 et seq.) is amended— 

(1) by striking title VII; and 

(2) by adding at the end the following: 

‘‘TITLE VII—ADDITIONAL PROCEDURES 

REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES 

‘‘SEC. 701. DEFINITIONS. 

‘‘(a) IN GENERAL.—The terms ‘agent of a foreign power’, 

‘Attorney General’, ‘contents’, ‘electronic surveillance’, ‘foreign intelligence information’, ‘foreign power’, ‘person’, ‘United States’, and 

‘United States person’ have the meanings given such terms in 

section 101, except as specifically provided in this title. 

‘‘(b) ADDITIONAL DEFINITIONS.— 

‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 

‘congressional intelligence committees’ means— 

‘‘(A) the Select Committee on Intelligence of the Senate; 

and 

‘‘(B) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT; COURT.— 

The terms ‘Foreign Intelligence Surveillance Court’ and ‘Court’ 

mean the court established under section 103(a). 

‘‘(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 under section 103(b). 

‘‘(4) ELECTRONIC COMMUNICATION SERVICE PROVIDER.—The 

term ‘electronic communication service provider’ means— 

‘‘(A) a telecommunications carrier, as that term is 

defined in section 3 of the Communications Act of 1934 

(47 U.S.C. 153); 

‘‘(B) a provider of electronic communication service, 

as that term is defined in section 2510 of title 18, United 

States Code; 

‘‘(C) a provider of a remote computing service, as that 

term is defined in section 2711 of title 18, United States 

Code; 

‘‘(D) any other communication service provider who 

has access to wire or electronic communications either as 

such communications are transmitted or as such communications are stored; or 

‘‘(E) an officer, employee, or agent of an entity 

described in subparagraph (A), (B), (C), or (D). 

50 USC 1881. 

50 USC 1801 

note. 


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‘‘(5) INTELLIGENCE COMMUNITY.—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)). 

‘‘SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE 

THE UNITED STATES OTHER THAN UNITED STATES PERSONS. 

‘‘(a) AUTHORIZATION.—Notwithstanding any other provision of 

law, upon the issuance of an order in accordance with subsection 

(i)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, 

for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located 

outside the United States to acquire foreign intelligence information. 

‘‘(b) LIMITATIONS.—An acquisition authorized under subsection 

(a)— 

‘‘(1) may not intentionally target any person known at 

the time of acquisition to be located in the United States; 

‘‘(2) may not intentionally target a person reasonably 

believed to be located outside the United States if the purpose 

of such acquisition is to target a particular, known person 

reasonably believed to be in the United States; 

‘‘(3) may not intentionally target a United States person 

reasonably believed to be located outside the United States; 

‘‘(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 

‘‘(5) shall be conducted in a manner consistent with the 

fourth amendment to the Constitution of the United States. 

‘‘(c) CONDUCT OF ACQUISITION.— 

‘‘(1) IN GENERAL.—An acquisition authorized under subsection (a) shall be conducted only in accordance with— 

‘‘(A) the targeting and minimization procedures 

adopted in accordance with subsections (d) and (e); and 

‘‘(B) upon submission of a certification in accordance 

with subsection (g), such certification. 

‘‘(2) DETERMINATION.—A determination under this paragraph and for purposes of subsection (a) is a determination 

by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), 

intelligence important to the national security of the United 

States may be lost or not timely acquired and time does not 

permit the issuance of an order pursuant to subsection (i)(3) 

prior to the implementation of such authorization. 

‘‘(3) TIMING OF DETERMINATION.—The Attorney General and 

the Director of National Intelligence may make the determination under paragraph (2)— 

‘‘(A) before the submission of a certification in accordance with subsection (g); or 

‘‘(B) by amending a certification pursuant to subsection 

(i)(1)(C) at any time during which judicial review under 

subsection (i) of such certification is pending. 

‘‘(4) CONSTRUCTION.—Nothing in title I shall be construed 

to require an application for a court order under such title 

Certification. 

50 USC 1881a. 


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for an acquisition that is targeted in accordance with this section 

at a person reasonably believed to be located outside the United 

States. 

‘‘(d) TARGETING PROCEDURES.— ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in 

consultation with the Director of National Intelligence, shall 

adopt targeting procedures that are reasonably designed to— 

‘‘(A) ensure that any acquisition authorized under subsection (a) is limited to targeting persons reasonably 

believed to be located outside the United States; and 

‘‘(B) prevent the intentional acquisition of any communication as to which the sender and all intended recipients 

are known at the time of the acquisition to be located 

in the United States. 

‘‘(2) JUDICIAL REVIEW.—The procedures adopted in accordance with paragraph (1) shall be subject to judicial review 

pursuant to subsection (i). 

‘‘(e) MINIMIZATION PROCEDURES.— 

‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in 

consultation with the Director of National Intelligence, shall 

adopt minimization procedures that meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate, for acquisitions authorized under subsection (a). 

‘‘(2) JUDICIAL REVIEW.—The minimization procedures 

adopted in accordance with paragraph (1) shall be subject to 

judicial review pursuant to subsection (i). 

‘‘(f) GUIDELINES FOR COMPLIANCE WITH LIMITATIONS.— 

‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in 

consultation with the Director of National Intelligence, shall 

adopt guidelines to ensure— 

‘‘(A) compliance with the limitations in subsection (b); 

and 

‘‘(B) that an application for a court order is filed as 

required by this Act. 

‘‘(2) SUBMISSION OF GUIDELINES.—The Attorney General 

shall provide the guidelines adopted in accordance with paragraph (1) to— 

‘‘(A) the congressional intelligence committees; 

‘‘(B) the Committees on the Judiciary of the Senate 

and the House of Representatives; and 

‘‘(C) the Foreign Intelligence Surveillance Court. 

‘‘(g) CERTIFICATION.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REQUIREMENT.—Subject to subparagraph (B), prior 

to the implementation of an authorization under subsection 

(a), the Attorney General and the Director of National 

Intelligence shall provide to the Foreign Intelligence 

Surveillance Court a written certification and any supporting affidavit, under oath and under seal, in accordance 

with this subsection. 

‘‘(B) EXCEPTION.—If the Attorney General and the 

Director of National Intelligence make a determination 

under subsection (c)(2) and time does not permit the 

submission of a certification under this subsection prior 

to the implementation of an authorization under subsection 

(a), the Attorney General and the Director of National 

Intelligence shall submit to the Court a certification for 

Deadline. 


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such authorization as soon as practicable but in no event 

later than 7 days after such determination is made. 

‘‘(2) REQUIREMENTS.—A certification made under this subsection shall— 

‘‘(A) attest that— 

‘‘(i) there are procedures in place that have been 

approved, have been submitted for approval, or will 

be submitted with the certification for approval by 

the Foreign Intelligence Surveillance Court that are 

reasonably designed to— 

‘‘(I) ensure that an acquisition authorized 

under subsection (a) is limited to targeting persons 

reasonably believed to be located outside the 

United States; and 

‘‘(II) prevent the intentional acquisition of any 

communication as to which the sender and all 

intended recipients are known at the time of the 

acquisition to be located in the United States; 

‘‘(ii) the minimization procedures to be used with 

respect to such acquisition— 

‘‘(I) meet the definition of minimization procedures under section 101(h) or 301(4), as appropriate; and 

‘‘(II) have been approved, have been submitted 

for approval, or will be submitted with the certification for approval by the Foreign Intelligence 

Surveillance Court; 

‘‘(iii) guidelines have been adopted in accordance 

with subsection (f) to ensure compliance with the 

limitations in subsection (b) and to ensure that an 

application for a court order is filed as required by 

this Act; 

‘‘(iv) the procedures and guidelines referred to in 

clauses (i), (ii), and (iii) are consistent with the requirements of the fourth amendment to the Constitution 

of the United States; 

‘‘(v) a significant purpose of the acquisition is to 

obtain foreign intelligence information; 

‘‘(vi) the acquisition involves obtaining foreign 

intelligence information from or with the assistance 

of an electronic communication service provider; and 

‘‘(vii) the acquisition complies with the limitations 

in subsection (b); 

‘‘(B) include the procedures adopted in accordance with 

subsections (d) and (e); 

‘‘(C) be supported, as appropriate, by the affidavit of 

any appropriate official in the area of national security 

who is— 

‘‘(i) appointed by the President, by and with the 

advice and consent of the Senate; or 

‘‘(ii) the head of an element of the intelligence 

community; 

‘‘(D) include— 

‘‘(i) an effective date for the authorization that 

is at least 30 days after the submission of the written 

certification to the court; or 

Effective date. 


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‘‘(ii) if the acquisition has begun or the effective 

date is less than 30 days after the submission of the 

written certification to the court, the date the acquisition began or the effective date for the acquisition; 

and 

‘‘(E) if the Attorney General and the Director of 

National Intelligence make a determination under subsection (c)(2), include a statement that such determination 

has been made. 

‘‘(3) CHANGE IN EFFECTIVE DATE.—The Attorney General 

and the Director of National Intelligence may advance or delay 

the effective date referred to in paragraph (2)(D) by submitting 

an amended certification in accordance with subsection (i)(1)(C) 

to the Foreign Intelligence Surveillance Court for review pursuant to subsection (i). 

‘‘(4) LIMITATION.—A certification made under this subsection is not required to identify the specific facilities, places, 

premises, or property at which an acquisition authorized under 

subsection (a) will be directed or conducted. 

‘‘(5) MAINTENANCE OF CERTIFICATION.—The Attorney General or a designee of the Attorney General shall maintain 

a copy of a certification made under this subsection. 

‘‘(6) REVIEW.—A certification submitted in accordance with 

this subsection shall be subject to judicial review pursuant 

to subsection (i). 

‘‘(h) DIRECTIVES AND JUDICIAL REVIEW OF DIRECTIVES.— 

‘‘(1) AUTHORITY.—With respect to an acquisition authorized 

under subsection (a), the Attorney General and the Director 

of National Intelligence may direct, in writing, an electronic 

communication service provider to— 

‘‘(A) immediately provide the Government with all 

information, facilities, or assistance necessary to accomplish the acquisition in a 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 

‘‘(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. 

‘‘(2) COMPENSATION.—The Government shall compensate, 

at the prevailing rate, an electronic communication service 

provider for providing information, facilities, or assistance in 

accordance with a directive issued pursuant to paragraph (1). 

‘‘(3) RELEASE FROM LIABILITY.—No cause of action shall 

lie in any court against any electronic communication service 

provider for providing any information, facilities, or assistance 

in accordance with a directive issued pursuant to paragraph 

(1). 

‘‘(4) CHALLENGING OF DIRECTIVES.— 

‘‘(A) AUTHORITY TO CHALLENGE.—An electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition to modify or set 


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aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such 

petition. 

‘‘(B) ASSIGNMENT.—The presiding judge of the Court 

shall assign a petition filed under subparagraph (A) to 

1 of the judges serving in the pool established under section 

103(e)(1) not later than 24 hours after the filing of such 

petition. 

‘‘(C) STANDARDS FOR REVIEW.—A judge considering a 

petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not 

meet the requirements of this section, or is otherwise 

unlawful. 

‘‘(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 such 

petition. If the judge determines that such petition does 

not consist of claims, defenses, or other legal contentions 

that are warranted by existing law or by a nonfrivolous 

argument for extending, modifying, or reversing existing 

law or for establishing new law, the judge shall immediately deny such petition and affirm the directive or any 

part of the directive that is the subject of such petition 

and order the recipient to comply with the directive or 

any part of it. Upon making a determination under this 

subparagraph or promptly thereafter, the judge shall provide a written statement for the record of the reasons 

for such determination. 

‘‘(E) PROCEDURES FOR PLENARY REVIEW.—If a judge 

determines that a petition filed under subparagraph (A) 

requires plenary review, the judge shall affirm, modify, 

or set aside the directive that is the subject of such petition 

not later than 30 days after being assigned such petition. 

If the judge does not set aside the directive, the judge 

shall immediately affirm or affirm with modifications 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 record of the reasons for a 

determination under this subparagraph. 

‘‘(F) CONTINUED EFFECT.—Any directive not explicitly 

modified or set aside under this paragraph shall remain 

in full effect. 

‘‘(G) CONTEMPT OF COURT.—Failure to obey an order 

issued under this paragraph may be punished by the Court 

as contempt of court. 

‘‘(5) ENFORCEMENT OF DIRECTIVES.— 

‘‘(A) ORDER TO COMPEL.—If an electronic communication service provider fails to comply with a directive issued 

pursuant to paragraph (1), the Attorney General may file 

a petition for an order to compel the electronic communication service provider to comply with the directive with 

the Foreign Intelligence Surveillance Court, which shall 

have jurisdiction to review such petition. 

‘‘(B) ASSIGNMENT.—The presiding judge of the Court 

shall assign a petition filed under subparagraph (A) to 

1 of the judges serving in the pool established under section 

Deadline. 

Records. 

Deadline. 

Records. 

Deadline. 

Deadline. 


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103(e)(1) not later than 24 hours after the filing of such 

petition. 

‘‘(C) PROCEDURES FOR REVIEW.—A judge considering 

a petition filed under subparagraph (A) shall, not later 

than 30 days after being assigned such petition, issue an 

order requiring the electronic communication service provider to comply with the directive or any part of it, as 

issued or as modified, if the judge finds that the directive 

meets the requirements of this section and is otherwise 

lawful. The judge shall provide a written statement for 

the record of the reasons for a determination under this 

paragraph. 

‘‘(D) CONTEMPT OF COURT.—Failure to obey an order 

issued under this paragraph may be punished by the Court 

as contempt of court. 

‘‘(E) PROCESS.—Any process under this paragraph may 

be served in any judicial district in which the electronic 

communication service provider may be found. 

‘‘(6) APPEAL.— 

‘‘(A) APPEAL TO THE COURT OF 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 a decision issued pursuant 

to paragraph (4) or (5). The Court of Review shall have 

jurisdiction to consider such petition and shall provide a 

written statement for the record of the reasons for a decision under this subparagraph. 

‘‘(B) CERTIORARI TO THE SUPREME COURT.—The Government or an electronic communication service provider 

receiving a directive issued pursuant to paragraph (1) 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. 

‘‘(i) JUDICIAL REVIEW OF CERTIFICATIONS AND PROCEDURES.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REVIEW BY THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.—The Foreign Intelligence Surveillance Court 

shall have jurisdiction to review a certification submitted 

in accordance with subsection (g) and the targeting and 

minimization procedures adopted in accordance with subsections (d) and (e), and amendments to such certification 

or such procedures. 

‘‘(B) TIME PERIOD FOR REVIEW.—The Court shall review 

a certification submitted in accordance with subsection (g) 

and the targeting and minimization procedures adopted 

in accordance with subsections (d) and (e) and shall complete such review and issue an order under paragraph 

(3) not later than 30 days after the date on which such 

certification and such procedures are submitted. 

‘‘(C) AMENDMENTS.—The Attorney General and the 

Director of National Intelligence may amend a certification 

submitted in accordance with subsection (g) or the targeting 

and minimization procedures adopted in accordance with 

subsections (d) and (e) as necessary at any time, including 

Deadlines. 

Records. 

Records. 

Deadline. 


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122 STAT. 2444 PUBLIC LAW 110–261—JULY 10, 2008 

if the Court is conducting or has completed review of such 

certification or such procedures, and shall submit the 

amended certification or amended procedures to the Court 

not later than 7 days after amending such certification 

or such procedures. The Court shall review any amendment 

under this subparagraph under the procedures set forth 

in this subsection. The Attorney General and the Director 

of National Intelligence may authorize the use of an 

amended certification or amended procedures pending the 

Court’s review of such amended certification or amended 

procedures. 

‘‘(2) REVIEW.—The Court shall review the following: 

‘‘(A) CERTIFICATION.—A certification submitted in 

accordance with subsection (g) to determine whether the 

certification contains all the required elements. 

‘‘(B) TARGETING PROCEDURES.—The targeting procedures adopted in accordance with subsection (d) to assess 

whether the procedures are reasonably designed to— 

‘‘(i) ensure that an acquisition authorized under 

subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; 

and 

‘‘(ii) prevent the intentional acquisition of any 

communication as to which the sender and all intended 

recipients are known at the time of the acquisition 

to be located in the United States. 

‘‘(C) MINIMIZATION PROCEDURES.—The minimization 

procedures adopted in accordance with subsection (e) to 

assess whether such procedures meet the definition of minimization procedures under section 101(h) or section 301(4), 

as appropriate. 

‘‘(3) ORDERS.— 

‘‘(A) APPROVAL.—If the Court finds that a certification 

submitted in accordance with subsection (g) contains all 

the required elements and that the targeting and minimization procedures adopted in accordance with 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 certification and the use, or continued 

use in the case of an acquisition authorized pursuant to 

a determination under subsection (c)(2), of the procedures 

for the acquisition. 

‘‘(B) CORRECTION OF DEFICIENCIES.—If the Court finds 

that a certification submitted in accordance with subsection 

(g) does not contain all the required elements, or that 

the procedures adopted in accordance with 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 issue an order 

directing the Government to, at the Government’s election 

and to the extent required by the Court’s order— 

‘‘(i) correct any deficiency identified by the Court’s 

order not later than 30 days after the date on which 

the Court issues the order; or 

Deadline. 


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‘‘(ii) cease, or not begin, the implementation of 

the authorization for which such certification was submitted. 

‘‘(C) REQUIREMENT FOR WRITTEN STATEMENT.—In support of an order under this subsection, the Court shall 

provide, simultaneously with the order, for the record a 

written statement of the reasons for the order. 

‘‘(4) APPEAL.— ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The Government may file a petition with the Foreign Intelligence 

Surveillance Court of Review for review of an order under 

this subsection. The Court of Review shall have jurisdiction 

to consider such petition. For any decision under this 

subparagraph 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 the reasons for the decision. 

‘‘(B) CONTINUATION OF ACQUISITION PENDING

REHEARING OR APPEAL.—Any acquisition affected by an 

order under paragraph (3)(B) may continue— 

‘‘(i) during the pendency of any rehearing of the 

order by the Court en banc; and 

‘‘(ii) if the Government files a petition for review 

of an order under this section, until the Court of 

Review enters an order under subparagraph (C). 

‘‘(C) IMPLEMENTATION PENDING APPEAL.—Not later 

than 60 days after the filing of a petition for review of 

an order under paragraph (3)(B) 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 review. 

‘‘(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. 

‘‘(5) SCHEDULE.— 

‘‘(A) REAUTHORIZATION OF AUTHORIZATIONS IN

EFFECT.—If the Attorney General and the Director of 

National Intelligence seek to reauthorize or replace an 

authorization issued under subsection (a), the Attorney 

General and the Director of National Intelligence shall, 

to the extent practicable, submit to the Court the certification prepared in accordance with subsection (g) and the 

procedures adopted in accordance with subsections (d) and 

(e) at least 30 days prior to the expiration of such authorization. 

‘‘(B) REAUTHORIZATION OF ORDERS, AUTHORIZATIONS, 

AND DIRECTIVES.—If the Attorney General and the Director 

of National Intelligence seek to reauthorize or replace an 

authorization issued under subsection (a) by filing a certification pursuant to subparagraph (A), that authorization, 

and any directives issued thereunder and any order related 

thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a), until the Court issues 

Applicability. 

Deadline. 

Records. 

Deadline. 

Records. 

Records. 


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an order with respect to such certification under paragraph 

(3) at which time the provisions of that paragraph and 

paragraph (4) shall apply with respect to such certification. 

‘‘(j) JUDICIAL PROCEEDINGS.— ‘‘(1) EXPEDITED JUDICIAL PROCEEDINGS.—Judicial proceedings under this section shall be conducted as expeditiously 

as possible. 

‘‘(2) TIME LIMITS.—A time limit for a judicial decision in 

this section shall apply unless the Court, the Court of Review, 

or any judge of either the Court or the Court of Review, by 

order for reasons stated, extends that time as necessary for 

good cause in a manner consistent with national security. 

‘‘(k) MAINTENANCE AND SECURITY OF RECORDS AND PRO- CEEDINGS.— 

‘‘(1) STANDARDS.—The Foreign Intelligence Surveillance 

Court shall maintain a record of a proceeding under this section, 

including petitions, appeals, orders, and statements of reasons 

for a decision, under security measures adopted by the Chief 

Justice of the United States, in consultation with the Attorney 

General and the Director of National Intelligence. 

‘‘(2) FILING AND REVIEW.—All petitions under this section 

shall be filed under seal. In any 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. 

‘‘(3) RETENTION OF RECORDS.—The Attorney General and 

the Director of National Intelligence shall retain a directive 

or an order issued under this section for a period of not less 

than 10 years from the date on which such directive or such 

order is issued. 

‘‘(l) ASSESSMENTS AND REVIEWS.— 

‘‘(1) SEMIANNUAL ASSESSMENT.—Not less frequently than 

once every 6 months, the Attorney General and Director of 

National Intelligence shall assess compliance with the targeting 

and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance 

with subsection (f) and shall submit each assessment to— 

‘‘(A) the Foreign Intelligence Surveillance Court; and 

‘‘(B) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate 

Resolution 400 of the 94th Congress or any successor 

Senate resolution— 

‘‘(i) the congressional intelligence committees; and 

‘‘(ii) the Committees on the Judiciary of the House 

of Representatives and the Senate. 

‘‘(2) AGENCY ASSESSMENT.—The Inspector General of the 

Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire foreign intelligence information under subsection (a), with respect 

to the department or element of such Inspector General— 

‘‘(A) are authorized to review compliance with the targeting and minimization procedures adopted in accordance 

with subsections (d) and (e) and the guidelines adopted 

in accordance with subsection (f); 

‘‘(B) with respect to acquisitions authorized under subsection (a), shall review the number of disseminated intelligence reports containing a reference to a United StatesDeadlines. 

Applicability. 


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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; 

‘‘(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 communications of such 

targets were reviewed; and 

‘‘(D) shall provide each such review to— 

‘‘(i) the Attorney General; 

‘‘(ii) the Director of National Intelligence; and 

‘‘(iii) consistent with the Rules of the House of 

Representatives, the Standing Rules of the Senate, 

and Senate Resolution 400 of the 94th Congress or 

any successor Senate resolution— 

‘‘(I) the congressional intelligence committees; 

and 

‘‘(II) the Committees on the Judiciary of the 

House of Representatives and the Senate. 

‘‘(3) ANNUAL REVIEW.— 

‘‘(A) REQUIREMENT TO CONDUCT.—The head of each 

element of the intelligence community conducting an 

acquisition authorized under subsection (a) shall conduct 

an annual review to determine whether there is reason 

to believe that foreign intelligence information has been 

or will be obtained from the acquisition. The annual review 

shall provide, with respect to acquisitions authorized under 

subsection (a)— 

‘‘(i) an accounting of the number of disseminated 

intelligence reports containing a reference to a United 

States-person identity; 

‘‘(ii) an accounting of the number of United Statesperson 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; 

‘‘(iii) the number of targets that were later determined to be located in the United States and, to the 

extent possible, whether communications of such targets were reviewed; and 

‘‘(iv) a description of any procedures developed by 

the head of such element of the intelligence community 

and approved by the Director of National Intelligence 

to assess, in a manner consistent with 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, 

and the results of any such assessment. 

‘‘(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 and, as appropriate, the application 

of the minimization procedures to a particular acquisition 

authorized under subsection (a). 


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‘‘(C) PROVISION OF REVIEW.—The head of each element 

of the intelligence community that conducts an annual 

review under subparagraph (A) shall provide such review 

to— 

‘‘(i) the Foreign Intelligence Surveillance Court; 

‘‘(ii) the Attorney General; 

‘‘(iii) the Director of National Intelligence; and 

‘‘(iv) consistent with the Rules of the House of 

Representatives, the Standing Rules of the Senate, 

and Senate Resolution 400 of the 94th Congress or 

any successor Senate resolution— 

‘‘(I) the congressional intelligence committees; 

and 

‘‘(II) the Committees on the Judiciary of the 

House of Representatives and the Senate. 

‘‘SEC. 703. 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 shall 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 Act, and such acquisition is conducted within the United States. 

‘‘(2) LIMITATION.—If a United States person targeted under 

this subsection is reasonably believed to be located in the 

United States during the effective period of an order issued 

pursuant to subsection (c), an acquisition targeting such United 

States person under this section shall cease unless the targeted 

United States person is again reasonably believed to be located 

outside the United States while an order issued pursuant to 

subsection (c) is in effect. Nothing in this section shall be 

construed 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 title of this Act. 

‘‘(b) APPLICATION.— 

‘‘(1) IN GENERAL.—Each application for an order under 

this section shall be made by a Federal officer in writing 

upon oath or affirmation to a judge having jurisdiction under 

subsection (a)(1). Each application shall require the approval 

of the Attorney General based upon the Attorney General’s 

finding that it satisfies the criteria and requirements of such 

application, as set forth in this section, and shall include— 

‘‘(A) the identity of the Federal officer making the 

application; 

‘‘(B) the identity, if known, or a description of the 

United States person who is the target of the acquisition; 

‘‘(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— 

50 USC 1881b. 


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‘‘(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 101(h) or 301(4), 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 104(a)(6) 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) such 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 101(e); 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) such 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, provided 

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; 

‘‘(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 

‘‘(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. 

‘‘(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 applicant 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 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— 


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‘‘(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 

applicant, 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 101(h) 

or 301(4), 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) shall 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 shall 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 pursuant to 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 101(h) 

or 301(4), as appropriate, the judge shall 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 pursuant to subsection (f). 

‘‘(D) REVIEW OF CERTIFICATION.—If the judge determines that an application pursuant to 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 the 

Records. 


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determination. The Government may appeal an order under 

this subparagraph pursuant to subsection (f). 

‘‘(4) SPECIFICATIONS.—An order approving an acquisition 

under this subsection shall 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 pursuant to subsection (b)(1)(B); 

‘‘(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; 

‘‘(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 shall 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 such information, facilities, 

or assistance. 

‘‘(6) DURATION.—An order approved under this subsection 

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). 

‘‘(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. 

‘‘(d) EMERGENCY AUTHORIZATION.— 

‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZATION.—Notwithstanding any other provision of this Act, if the Attorney General 

reasonably determines that— 


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‘‘(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 

‘‘(B) the factual basis for issuance of an order under 

this subsection to approve such acquisition exists, 

the Attorney General may authorize 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 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 such acquisition. 

‘‘(2) MINIMIZATION PROCEDURES.—If the Attorney General 

authorizes an acquisition under paragraph (1), the Attorney 

General shall 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), 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. 

‘‘(4) USE OF INFORMATION.—If 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, 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. 

‘‘(e) RELEASE FROM LIABILITY.—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 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 pursuant to subsection (c). The Court of 

Review shall have jurisdiction to consider such petition and 

shall provide a written statement for the record of the reasons 

for a decision under this paragraph. 

Records. 

Deadline. 


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‘‘(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 shall be transmitted under seal 

to the Supreme Court of the United States, which shall have 

jurisdiction to review such decision. 

‘‘(g) CONSTRUCTION.—Except as provided in this section, nothing 

in this Act shall be construed to require an application for a court 

order for an acquisition that is targeted in accordance with this 

section at a United States person reasonably believed to be located 

outside the United States. 

‘‘SEC. 704. OTHER ACQUISITIONS TARGETING UNITED STATES PERSONS OUTSIDE THE UNITED STATES. 

‘‘(a) JURISDICTION AND SCOPE.— 

‘‘(1) JURISDICTION.—The Foreign Intelligence Surveillance 

Court shall have jurisdiction to enter an order pursuant to 

subsection (c). 

‘‘(2) SCOPE.—No element of the intelligence community 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 subsection 

(c) or (d), respectively, or any other provision of this Act. 

‘‘(3) LIMITATIONS.— 

‘‘(A) MOVING OR MISIDENTIFIED TARGETS.—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 pursuant to subsection 

(c), an acquisition targeting such United States person 

under this section shall cease unless the targeted United 

States person is again reasonably believed to be located 

outside the United States during the effective period of 

such order. 

‘‘(B) APPLICABILITY.—If an acquisition for foreign intelligence purposes is to be conducted inside the United States 

and could be authorized under section 703, the acquisition 

may only be conducted if authorized under section 703 

or in accordance with another provision of this Act other 

than this section. 

‘‘(C) CONSTRUCTION.—Nothing in this paragraph shall 

be construed 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 

title of this Act. 

‘‘(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 

50 USC 1881c. 


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criteria and requirements of such application as set forth in this 

section and shall include— 

‘‘(1) the identity of the Federal officer making the application; 

‘‘(2) the identity, if known, or a description of the specific 

United States person who is the target of the acquisition; 

‘‘(3) 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— 

‘‘(A) a person reasonably believed to be located outside 

the United States; and 

‘‘(B) a foreign power, an agent of a foreign power, 

or an officer or employee of a foreign power; 

‘‘(4) a statement of proposed minimization procedures that 

meet the definition of minimization procedures under section 

101(h) or 301(4), as appropriate; 

‘‘(5) 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— 

‘‘(A) the certifying official deems the information sought 

to be foreign intelligence information; and 

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

foreign intelligence information; 

‘‘(6) 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 

‘‘(7) 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. 

‘‘(c) ORDER.— 

‘‘(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 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 

applicant, 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, with 

respect to their dissemination provisions, meet the definition of minimization procedures under section 101(h) or 

301(4), as appropriate; and 

‘‘(D) the application that has been filed contains all 

statements and certifications required by subsection (b) 

and the certification provided under subsection (b)(5) is 

not clearly erroneous on the basis of the information furnished under subsection (b). 

‘‘(2) PROBABLE CAUSE.—In determining whether or not 

probable cause exists for purposes of paragraph (1)(B), a judge 


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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) 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. 

‘‘(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 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). 

‘‘(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 do not meet the definition of minimization procedures under section 101(h) or 

301(4), as appropriate, 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). 

‘‘(D) SCOPE OF REVIEW OF CERTIFICATION.—If the judge 

determines that an application under subsection (b) does 

not contain all the required elements, or that the certification provided under subsection (b)(5) 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) 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). 

‘‘(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. 

‘‘(d) EMERGENCY AUTHORIZATION.— 

Records. 


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‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZATION.—Notwithstanding any other provision of this section, if the Attorney 

General reasonably determines that— 

‘‘(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 can, with due diligence, be 

obtained, and 

‘‘(B) the factual basis for the issuance of an order 

under this section exists, 

the Attorney General may authorize the emergency 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 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 such 

acquisition. 

‘‘(2) MINIMIZATION PROCEDURES.—If the Attorney General 

authorizes an emergency acquisition under paragraph (1), the 

Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) be followed. 

‘‘(3) TERMINATION OF EMERGENCY AUTHORIZATION.—In the 

absence of an order under subsection (c), an emergency acquisition 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. 

‘‘(4) USE OF INFORMATION.—If an application submitted 

to the Court pursuant to paragraph (1) is denied, or in any 

other case where the acquisition is terminated and no order 

with 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, 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. 

‘‘(e) APPEAL.— 

‘‘(1) APPEAL TO THE COURT OF REVIEW.—The Government 

may file a petition 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 petition and shall 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). 

Records. 

Deadline. 


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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.’’ 

‘‘SEC. 705. JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS. 

‘‘(a) JOINT APPLICATIONS AND ORDERS.—If an acquisition targeting a United States person under section 703 or 704 is proposed 

to be conducted both inside and outside the United States, a judge 

having jurisdiction under section 703(a)(1) or 704(a)(1) may issue 

simultaneously, upon the request of the Government in a joint 

application complying with the requirements of sections 703(b) and 

704(b), orders under sections 703(c) and 704(c), as appropriate. 

‘‘(b) CONCURRENT AUTHORIZATION.—If an order authorizing 

electronic surveillance or physical search has been obtained under 

section 105 or 304, the Attorney General may authorize, for the 

effective period of that order, without an order under section 703 

or 704, the targeting of that United States person for the purpose 

of acquiring foreign intelligence information while such person is 

reasonably believed to be located outside the United States. 

‘‘SEC. 706. USE OF INFORMATION ACQUIRED UNDER TITLE VII. 

‘‘(a) INFORMATION ACQUIRED UNDER SECTION 702.—Information 

acquired from an acquisition conducted under section 702 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 703.—Information 

acquired from an acquisition conducted under section 703 shall 

be deemed to be information acquired from an electronic surveillance pursuant to title I for purposes of section 106. 

‘‘SEC. 707. 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 and the Committees on the Judiciary of the Senate 

and the House of Representatives, consistent with the Rules of 

the House of Representatives, the Standing Rules of the Senate, 

and Senate Resolution 400 of the 94th Congress or any successor 

Senate resolution, concerning the implementation of this title. 

‘‘(b) CONTENT.—Each report under subsection (a) shall include— 

‘‘(1) with respect to section 702— 

‘‘(A) any certifications submitted in accordance with 

section 702(g) during the reporting period; 

‘‘(B) with respect to each determination under section 

702(c)(2), the reasons for exercising the authority under 

such section; 

‘‘(C) any directives issued under section 702(h) during 

the reporting period; 

‘‘(D) a description of the judicial review during the 

reporting period of such certifications and targeting and 

minimization procedures adopted in accordance with subsections (d) and (e) of section 702 and utilized with respect 

to an acquisition under such section, including a copy of 

an order or pleading in connection with such review that 

contains a significant legal interpretation of the provisions 

of section 702; 

50 USC 1881f. 

50 USC 1881e. 

50 USC 1881d. 


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‘‘(E) any actions taken to challenge or enforce a directive under paragraph (4) or (5) of section 702(h); 

‘‘(F) any compliance reviews conducted by the Attorney 

General or the Director of National Intelligence of acquisitions authorized under section 702(a); 

‘‘(G) a description of any incidents of noncompliance— 

‘‘(i) with a directive issued by the Attorney General 

and the Director of National Intelligence under section 

702(h), including incidents of noncompliance by a specified person to whom the Attorney General and Director 

of National Intelligence issued a directive under section 

702(h); and 

‘‘(ii) by an element of the intelligence community 

with procedures and guidelines adopted in accordance 

with subsections (d), (e), and (f) of section 702; and 

‘‘(H) any procedures implementing section 702; 

‘‘(2) with respect to section 703— 

‘‘(A) the total number of applications made for orders 

under section 703(b); 

‘‘(B) the total number of such orders— 

‘‘(i) granted; 

‘‘(ii) modified; and 

‘‘(iii) denied; and 

‘‘(C) the total number of emergency acquisitions authorized by the Attorney General under section 703(d) and 

the total number of subsequent orders approving or denying 

such acquisitions; and 

‘‘(3) with respect to section 704— 

‘‘(A) the total number of applications made for orders 

under section 704(b); 

‘‘(B) the total number of such orders— 

‘‘(i) granted; 

‘‘(ii) modified; and 

‘‘(iii) denied; and 

‘‘(C) the total number of emergency acquisitions authorized by the Attorney General under section 704(d) and 

the total number of subsequent orders approving or denying 

such applications. 

‘‘SEC. 708. SAVINGS PROVISION. 

‘‘Nothing in this title shall be construed 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 title of this Act.’’. 

(b) 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— 

(1) by striking the item relating to title VII; 

(2) by striking the item relating to section 701; and 

(3) by adding at the end the following: 

‘‘TITLE VII—ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS 

OUTSIDE THE UNITED STATES 

‘‘Sec. 701. Definitions. 

‘‘Sec. 702. Procedures for targeting certain persons outside the United States other 

than United States persons. 

‘‘Sec. 703. Certain acquisitions inside the United States targeting United States 

persons outside the United States. 

50 USC 1881g. 


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‘‘Sec. 704. Other acquisitions targeting United States persons outside the United 

States. 

‘‘Sec. 705. Joint applications and concurrent authorizations. 

‘‘Sec. 706. Use of information acquired under title VII. 

‘‘Sec. 707. Congressional oversight. 

‘‘Sec. 708. Savings provision.’’. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TITLE 18, UNITED STATES CODE.—Section 2511(2)(a)(ii)(A) 

of title 18, United States Code, is amended by inserting ‘‘or 

a court order pursuant to section 704 of the Foreign Intelligence 

Surveillance Act of 1978’’ after ‘‘assistance’’. 

(2) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.— 

Section 601(a)(1) of the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1871(a)(1)) is amended— 

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

(B) by adding at the end the following new subparagraphs: 

‘‘(E) acquisitions under section 703; and 

‘‘(F) acquisitions under section 704;’’. 

SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC 

SURVEILLANCE AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED. 

(a) STATEMENT OF EXCLUSIVE MEANS.—Title I of the Foreign 

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

amended by adding at the end the following new section: 

‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE

CONDUCTED

‘‘SEC. 112. (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 and the interception of domestic wire, oral, or electronic 

communications may be conducted. 

‘‘(b) Only 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).’’. 

(b) OFFENSE.—Section 109(a) of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking 

‘‘authorized by statute’’ each place it appears and inserting ‘‘authorized by this Act, chapter 119, 121, or 206 of title 18, United 

States Code, or any express statutory authorization that is an 

additional exclusive means for conducting electronic surveillance 

under section 112.’’; and 

(c) CONFORMING AMENDMENTS.— 

(1) TITLE 18, UNITED STATES CODE.—Section 2511(2)(a) of 

title 18, United States Code, is amended by adding at the 

end the following: 

‘‘(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 

50 USC 1812. 


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(2) 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 inserting after the 

item relating to section 111, the following new item: 

‘‘Sec. 112. Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted.’’. 

SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS 

UNDER THE FOREIGN 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 (50 U.S.C. 1871) is 

amended by striking ‘‘(not including orders)’’ and inserting ‘‘, 

orders,’’. 

(b) REPORTS BY ATTORNEY GENERAL ON CERTAIN OTHER

ORDERS.—Such section 601 is further amended by adding at the 

end the following: 

‘‘(c) SUBMISSIONS TO CONGRESS.—The Attorney General shall 

submit to the committees of Congress referred to in subsection 

(a)— 

‘‘(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 

‘‘(2) a copy of each 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). 

‘‘(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.’’. 

(c) DEFINITIONS.—Such section 601, as amended by subsections 

(a) and (b), is further amended by adding at the end the following: 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) FOREIGN INTELLIGENCE SURVEILLANCE COURT.—The 

term ‘Foreign Intelligence Surveillance Court’ means the court 

established under section 103(a). 

‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF

REVIEW.—The term ‘Foreign Intelligence Surveillance Court of 

Review’ means the court established under section 103(b).’’. 

SEC. 104. APPLICATIONS FOR COURT ORDERS. 

Section 104 of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1804) is amended— 

(1) in subsection (a)— 

(A) by striking paragraphs (2) and (11); 

Deadline. 

Records. 


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(B) by redesignating paragraphs (3) through (10) as 

paragraphs (2) through (9), respectively; 

(C) in paragraph (5), as redesignated by subparagraph 

(B) of this paragraph, by striking ‘‘detailed’’; 

(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’’; 

(F) in paragraph (8), as redesignated by subparagraph 

(B) of this paragraph, by adding ‘‘and’’ at the end; and 

(G) in paragraph (9), as redesignated by subparagraph 

(B) of this paragraph, by striking ‘‘; and’’ and inserting 

a period; 

(2) by striking subsection (b); 

(3) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; and 

(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’’. 

SEC. 105. ISSUANCE OF AN ORDER. 

(a) IN GENERAL.—Section 105 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1805) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1); and 

(B) by redesignating paragraphs (2) through (5) as 

paragraphs (1) through (4), respectively; 

(2) in subsection (b), by striking ‘‘(a)(3)’’ and inserting 

‘‘(a)(2)’’; 

(3) in subsection (c)(1)— 

(A) in subparagraph (D), by adding ‘‘and’’ at the end; 

(B) in subparagraph (E), by striking ‘‘; and’’ and 

inserting a period; and 

(C) by striking subparagraph (F); 

(4) by striking subsection (d); 

(5) by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; 

(6) by amending subsection (e), as redesignated by paragraph (5) of this section, to read as follows: 

‘‘(e)(1) Notwithstanding any other provision of this title, the 

Attorney General may authorize the emergency employment of 

electronic surveillance if the Attorney General— 

‘‘(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; 


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‘‘(B) reasonably determines that the factual basis for the 

issuance of an order under this title to approve such electronic 

surveillance exists; 

‘‘(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 

‘‘(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. 

‘‘(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. 

‘‘(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. 

‘‘(4) A denial of the application made under this subsection 

may be reviewed as provided in section 103. 

‘‘(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. 

‘‘(6) The Attorney General shall assess compliance with the 

requirements of paragraph (5).’’; and 

(7) by adding at the end the following: 

‘‘(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).’’. 

(b) CONFORMING AMENDMENT.—Section 108(a)(2)(C) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) 

is amended by striking ‘‘105(f)’’ and inserting ‘‘105(e)’’; 

SEC. 106. USE OF INFORMATION. 

Subsection (i) of section 106 of the Foreign Intelligence Surveillance Act of 1978 (8 U.S.C. 1806) is amended by striking ‘‘radio 

communication’’ and inserting ‘‘communication’’. 

SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES. 

(a) APPLICATIONS.—Section 303 of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1823) is amended— 

50 USC 1806. 

Assessment. 

Termination. 

Deadline. 


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(1) in subsection (a)— 

(A) by striking paragraph (2); 

(B) by redesignating paragraphs (3) through (9) as 

paragraphs (2) through (8), respectively; 

(C) in paragraph (2), as redesignated by subparagraph 

(B) of this paragraph, by striking ‘‘detailed’’; 

(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 

(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’’. 

(b) ORDERS.—Section 304 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1); 

(B) by redesignating paragraphs (2) through (5) as 

paragraphs (1) through (4), respectively; and 

(C) in paragraph (2)(B), as redesignated by subparagraph (B) of this paragraph, by inserting ‘‘or is about 

to be’’ before ‘‘owned’’; and 

(2) by amending subsection (e) to read as follows: 

‘‘(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— 

‘‘(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; 

‘‘(B) reasonably determines that the factual basis for 

issuance of an order under this title to approve such physical 

search exists; 

‘‘(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 

‘‘(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. 

‘‘(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. 

‘‘(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, 

Termination. 

Deadline. 


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or after the expiration of 7 days from the time of authorization 

by the Attorney General, whichever is earliest. 

‘‘(4) A denial of the application made under this subsection 

may be reviewed as provided in section 103. 

‘‘(5) 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. 

‘‘(6) The Attorney General shall assess compliance with the 

requirements of paragraph (5).’’. 

(c) CONFORMING AMENDMENTS.—The Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— 

(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 

(2) in section 305(k)(2), by striking ‘‘303(a)(7)’’ and inserting 

‘‘303(a)(6)’’. 

SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS AND TRAP 

AND TRACE DEVICES. 

Section 403 of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1843) is amended— 

(1) in subsection (a)(2), by striking ‘‘48 hours’’ and inserting 

‘‘7 days’’; and 

(2) in subsection (c)(1)(C), by striking ‘‘48 hours’’ and 

inserting ‘‘7 days’’. 

SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT. 

(a) DESIGNATION OF JUDGES.—Subsection (a) of section 103 

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

1803) is amended by inserting ‘‘at least’’ before ‘‘seven of the United 

States judicial circuits’’. 

(b) EN BANC AUTHORITY.— (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— 

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

(B) by adding at the end the following new paragraph: 

‘‘(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 702(h), hold a hearing or rehearing, en banc, when 

ordered by a majority of the judges that constitute such court 

upon a determination that— 

‘‘(i) en banc consideration is necessary to secure or maintain 

uniformity of the court’s decisions; or 

‘‘(ii) the proceeding involves a question of exceptional importance. 

50 USC 1825. 

50 USC 1824. 

Assessment. 


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‘‘(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. 

‘‘(C) For purposes of this paragraph, the court en banc shall 

consist of all judges who constitute the court established under 

this subsection.’’. 

(2) CONFORMING AMENDMENTS.—The Foreign Intelligence 

Surveillance Act of 1978 is further amended— 

(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 

(B) in section 302(c) (50 U.S.C. 1822(c)), by inserting 

‘‘(except when sitting en banc)’’ after ‘‘except that no judge’’. 

(c) STAY OR MODIFICATION DURING AN APPEAL.—Section 103 

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

1803) is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(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. 

‘‘(2) The authority described in paragraph (1) shall apply to 

an order entered under any provision of this Act.’’. 

(d) AUTHORITY OF FOREIGN INTELLIGENCE SURVEILLANCE

COURT.—Section 103 of the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1803), as amended by this Act, is amended 

by adding at the end the following: 

‘‘(i) Nothing in this Act shall be construed to reduce or contravene the inherent authority of the court established under subsection (a) to determine or enforce compliance with an order or 

a rule of such court or with a procedure approved by such court.’’. 

SEC. 110. WEAPONS OF MASS DESTRUCTION. 

(a) DEFINITIONS.— 

(1) FOREIGN POWER.—Subsection (a) of section 101 of the 

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

1801(a)) is amended— 

(A) in paragraph (5), by striking ‘‘persons; or’’ and 

inserting ‘‘persons;’’; 

(B) in paragraph (6) by striking the period and 

inserting ‘‘; or’’; and 

(C) by adding at the end the following new paragraph: 

Applicability. 


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‘‘(7) an entity not substantially composed of United States 

persons that is engaged in the international proliferation of 

weapons of mass destruction.’’. 

(2) AGENT OF A FOREIGN POWER.—Subsection (b)(1) of such 

section 101 is amended— 

(A) in subparagraph (B), by striking ‘‘or’’ at the end; 

(B) in subparagraph (C), by striking ‘‘or’’ at the end; 

and 

(C) by adding at the end the following new subparagraphs: 

‘‘(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) 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’’. 

(4) WEAPON OF MASS DESTRUCTION.—Such section 101 is 

amended by adding at the end the following new subsection: 

‘‘(p) ‘Weapon of mass destruction’ means— 

‘‘(1) any explosive, incendiary, or poison gas device that 

is designed, intended, or has the capability to cause a mass 

casualty incident; 

‘‘(2) any weapon that is designed, intended, or has the 

capability 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; 

‘‘(3) any weapon involving a biological agent, toxin, or vector 

(as such terms are defined in section 178 of title 18, United 

States Code) that is designed, intended, or has the capability 

to cause death, illness, or serious bodily injury to a significant 

number of persons; or 

‘‘(4) any weapon that is designed, intended, or has the 

capability to release radiation or radioactivity causing death, 

illness, or serious bodily injury to a significant number of 

persons.’’. 

(b) USE OF INFORMATION.— 

(1) IN GENERAL.—Section 106(k)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(k)(1)(B)) is 

amended by striking ‘‘sabotage or international terrorism’’ and 

inserting ‘‘sabotage, international terrorism, or the international proliferation of weapons of mass destruction’’. 

(2) PHYSICAL SEARCHES.—Section 305(k)(1)(B) of such Act 

(50 U.S.C. 1825(k)(1)(B)) is amended by striking ‘‘sabotage or 

international terrorism’’ and inserting ‘‘sabotage, international 

terrorism, or the international proliferation of weapons of mass 

destruction’’. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.—The Foreign 

Intelligence Surveillance Act of 1978 is further amended— 

(1) in paragraph (2) of section 105(d) (50 U.S.C. 1805(d)), 

as redesignated by section 105(a)(5) of this Act, by striking 

‘‘section 101(a) (5) or (6)’’ and inserting ‘‘paragraph (5), (6), 

or (7) of section 101(a)’’; 

50 USC 1801. 


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(2) in section 301(1) (50 U.S.C. 1821(1)), by inserting 

‘‘weapon of mass destruction,’’ after ‘‘person,’’; and 

(3) in section 304(d)(2) (50 U.S.C. 1824(d)(2)), by striking 

‘‘section 101(a) (5) or (6)’’ and inserting ‘‘paragraph (5), (6), 

or (7) of section 101(a)’’. 

TITLE II—PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE 

PROVIDERS 

SEC. 201. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES 

UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 

OF 1978. 

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

1801 et seq.), as amended by section 101, is further amended 

by adding at the end the following new title: 

‘‘TITLE VIII—PROTECTION OF PERSONS 

ASSISTING THE GOVERNMENT 

‘‘SEC. 801. 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) CIVIL ACTION.—The term ‘civil action’ includes a covered civil action. 

‘‘(3) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 

‘congressional intelligence committees’ means— 

‘‘(A) the Select Committee on Intelligence of the Senate; 

and 

‘‘(B) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

‘‘(4) CONTENTS.—The term ‘contents’ has the meaning given 

that term in section 101(n). 

‘‘(5) COVERED CIVIL ACTION.—The term ‘covered civil action’ 

means a civil action filed in a Federal or State court that— 

‘‘(A) alleges that an electronic communication service 

provider furnished assistance to an element of the intelligence community; and 

‘‘(B) seeks monetary or other relief from the electronic 

communication service provider related to the provision 

of such assistance. 

‘‘(6) ELECTRONIC COMMUNICATION SERVICE PROVIDER.—The 

term ‘electronic communication service provider’ means— 

‘‘(A) a telecommunications carrier, as that term is 

defined in section 3 of the Communications Act of 1934 

(47 U.S.C. 153); 

‘‘(B) a provider of electronic communication service, 

as that term is defined in section 2510 of title 18, United 

States Code; 

50 USC 1885. 


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‘‘(C) a provider of a remote computing service, as that 

term is defined in section 2711 of title 18, United States 

Code; 

‘‘(D) any other communication service provider who 

has access to wire or electronic communications either as 

such communications are transmitted or as such communications are stored; 

‘‘(E) a parent, subsidiary, affiliate, successor, or 

assignee of an entity described in subparagraph (A), (B), 

(C), or (D); or 

‘‘(F) an officer, employee, or agent of an entity described 

in subparagraph (A), (B), (C), (D), or (E). 

‘‘(7) INTELLIGENCE COMMUNITY.—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)). 

‘‘(8) PERSON.—The term ‘person’ means— 

‘‘(A) an electronic communication service provider; or 

‘‘(B) a landlord, custodian, or other person who may 

be authorized or required to furnish assistance pursuant 

to— 

‘‘(i) an order of the court established under section 

103(a) directing such assistance; 

‘‘(ii) a certification in writing under section 

2511(2)(a)(ii)(B) or 2709(b) of title 18, United States 

Code; or 

‘‘(iii) a directive under section 102(a)(4), 105B(e), 

as added by section 2 of the Protect America Act of 

2007 (Public Law 110–55), or 702(h). 

‘‘(9) 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. 

‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES. 

‘‘(a) REQUIREMENT FOR CERTIFICATION.—Notwithstanding any 

other provision of law, a civil action may not 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 district 

court of the United States in which such action is pending that— 

‘‘(1) any assistance by that person was provided pursuant 

to an order of the court established under section 103(a) 

directing such assistance; 

‘‘(2) 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; 

‘‘(3) any assistance by that person was provided pursuant 

to a directive under section 102(a)(4), 105B(e), as added by 

section 2 of the Protect America Act of 2007 (Public Law 110– 

55), or 702(h) directing such assistance; 

‘‘(4) in the case of a covered civil action, the assistance 

alleged to have been provided by the electronic communication 

service provider was— 

‘‘(A) in connection with an intelligence activity 

involving communications that was— 

50 USC 1885a. 


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‘‘(i) authorized by the President during the period 

beginning on September 11, 2001, and ending on 

January 17, 2007; and 

‘‘(ii) designed to detect or prevent a terrorist attack, 

or activities in preparation for a terrorist attack, 

against the United States; and 

‘‘(B) the subject of a written request or directive, or 

a series of written requests or directives, from the Attorney 

General or the head of an element of the intelligence 

community (or the deputy of such person) to the electronic 

communication service provider indicating that the activity 

was— 

‘‘(i) authorized by the President; and 

‘‘(ii) determined to be lawful; or 

‘‘(5) the person did not provide the alleged assistance. 

‘‘(b) JUDICIAL REVIEW.— 

‘‘(1) REVIEW OF CERTIFICATIONS.—A certification under subsection (a) shall be given effect unless the court finds that 

such certification is not supported by substantial evidence provided to the court pursuant to this section. 

‘‘(2) SUPPLEMENTAL MATERIALS.—In its review of a certification under subsection (a), the court may examine the court 

order, certification, written request, or directive described in 

subsection (a) and any relevant court order, certification, written request, or directive submitted pursuant to subsection (d). 

‘‘(c) LIMITATIONS ON DISCLOSURE.—If the Attorney General files 

a declaration under section 1746 of title 28, United States Code, 

that disclosure of a certification made pursuant to subsection (a) 

or the supplemental materials provided pursuant to subsection 

(b) or (d) would harm the national security of the United States, 

the court shall— 

‘‘(1) review such certification and the supplemental materials in camera and ex parte; and 

‘‘(2) limit any public disclosure concerning such certification 

and the supplemental materials, including any public order 

following such in camera and ex parte review, to a statement 

as to whether the case is dismissed and a description of the 

legal standards that govern the order, without disclosing the 

paragraph of subsection (a) that is the basis for the certification. 

‘‘(d) ROLE OF THE PARTIES.—Any plaintiff or defendant in a 

civil action may submit any relevant court order, certification, written request, or directive to the district court referred to in subsection 

(a) for review and shall be permitted to participate in the briefing 

or argument of any legal issue in a judicial proceeding conducted 

pursuant to this section, but only to the extent that such participation does not require the disclosure of classified information to 

such party. To the extent that classified information is relevant 

to the proceeding or would be revealed in the determination of 

an issue, the court shall review such information in camera and 

ex parte, and shall issue any part of the court’s written order 

that would reveal classified information in camera and ex parte 

and maintain such part under seal. 

‘‘(e) NONDELEGATION.—The authority and duties of the Attorney 

General under this section shall be performed by the Attorney 

General (or Acting Attorney General) or the Deputy Attorney General. 

Review. 

Review. 


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‘‘(f) APPEAL.—The courts of appeals shall have jurisdiction of 

appeals from interlocutory orders of the district courts of the United 

States granting or denying a motion to dismiss or for summary 

judgment under this section. 

‘‘(g) REMOVAL.—A 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 section 1441 of title 28, United States Code. 

‘‘(h) RELATIONSHIP TO OTHER LAWS.—Nothing in this section 

shall be construed to limit any otherwise available immunity, privilege, or defense under any other provision of law. 

‘‘(i) APPLICABILITY.—This section shall apply to a civil action 

pending on or filed after the date of the enactment of the FISA 

Amendments Act of 2008. 

‘‘SEC. 803. PREEMPTION. 

‘‘(a) IN GENERAL.—No State shall have authority to— 

‘‘(1) conduct an investigation into an electronic communication service provider’s alleged assistance to an element of the 

intelligence community; 

‘‘(2) require through regulation or any other means the 

disclosure of information about an electronic communication 

service provider’s alleged assistance to an element of the intelligence community; 

‘‘(3) impose any administrative sanction on an electronic 

communication service provider for assistance to an element 

of the intelligence community; or 

‘‘(4) commence or maintain a civil action or other proceeding 

to enforce a requirement that an electronic communication 

service provider disclose information concerning alleged assistance to an element of the intelligence community. 

‘‘(b) SUITS BY THE UNITED STATES.—The United States may 

bring suit to enforce the provisions of this section. 

‘‘(c) JURISDICTION.—The district courts of the United States 

shall have jurisdiction over any 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 commenced after the 

date of the enactment of the FISA Amendments Act of 2008. 

‘‘SEC. 804. REPORTING. 

‘‘(a) SEMIANNUAL REPORT.—Not less frequently than once every 

6 months, the Attorney General shall, in a manner consistent 

with national security, the Rules of the House of Representatives, 

the Standing Rules of the Senate, and Senate Resolution 400 of 

the 94th Congress or any successor Senate resolution, fully inform 

the congressional intelligence committees, the Committee on the 

Judiciary of the Senate, and the Committee on the Judiciary of 

the House of Representatives concerning the implementation of 

this title. 

‘‘(b) CONTENT.—Each report made under subsection (a) shall 

include— 

‘‘(1) any certifications made under section 802; 

‘‘(2) a description of the judicial review of the certifications 

made under section 802; and 

‘‘(3) any actions taken to enforce the provisions of section 

803.’’. 

50 USC 1885c. 

50 USC 1885b. 


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SEC. 202. TECHNICAL AMENDMENTS. 

The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as 

amended by section 101(b), is further amended by adding at the 

end the following: 

‘‘TITLE VIII—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT 

‘‘Sec. 801. Definitions. 

‘‘Sec. 802. Procedures for implementing statutory defenses. 

‘‘Sec. 803. Preemption. 

‘‘Sec. 804. Reporting.’’. 

TITLE III—REVIEW OF PREVIOUS 

ACTIONS 

SEC. 301. REVIEW OF PREVIOUS ACTIONS. 

(a) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and 

(B) the Permanent Select Committee on Intelligence 

and the Committee on the Judiciary of the House of Representatives. 

(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT.—The 

term ‘‘Foreign Intelligence Surveillance Court’’ means the court 

established under section 103(a) of the Foreign Intelligence 

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

(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). 

(b) REVIEWS.— 

(1) REQUIREMENT TO CONDUCT.—The Inspectors General 

of the Department of Justice, the Office of the Director of 

National Intelligence, the National Security Agency, the 

Department of Defense, 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— 

(A) all of the facts necessary to describe the establishment, implementation, product, and use of the product 

of the Program; 

(B) access to legal reviews of the Program and access 

to information about the Program; 

(C) communications with, and participation of, individuals and entities in the private sector related to the Program; 

(D) interaction with the Foreign Intelligence Surveillance Court and transition to court orders related to the 

Program; and 


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(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. 

(2) COOPERATION AND COORDINATION.— (A) COOPERATION.—Each Inspector General required 

to conduct a review under paragraph (1) shall— 

(i) work in conjunction, to the extent practicable, 

with any other Inspector General required to conduct 

such a review; and 

(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. 

(B) INTEGRATION OF OTHER REVIEWS.—The Counsel of 

the Office of Professional Responsibility of the Department 

of Justice shall provide the report of any investigation 

conducted by such Office on matters relating to the Program, including any investigation of the process through 

which legal reviews of the Program were conducted and 

the substance of such reviews, to the Inspector General 

of the Department of Justice, who shall integrate the factual findings and conclusions of such investigation into 

its review. 

(C) 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. 

(c) REPORTS.— 

(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, the 

Department of Defense, 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. 

(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, the Department 

of Defense, and any other Inspector General required to conduct 

a review under subsection (b)(1), shall submit to the appropriate 

committees of Congress, in a manner consistent with national 

security, 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 with respect to the reviews. 

(3) FORM.—A report 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. 

Appointments. 

President. 

Reports. 


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(d) RESOURCES.— (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. 

(2) ADDITIONAL PERSONNEL FOR THE INSPECTORS GEN- ERAL.—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— 

(A) shall perform such duties relating to such a review 

as the relevant Inspector General shall direct; and 

(B) are in addition to any other personnel authorized 

by law. 

(3) TRANSFER OF PERSONNEL.—The Attorney General, the 

Secretary of Defense, the Director of National Intelligence, the 

Director of the National Security Agency, or the head of any 

other element of the intelligence community may transfer personnel to the relevant Office of the Inspector General required 

to conduct a review under subsection (b)(1) and submit a report 

under subsection (c) and, in addition to any other personnel 

authorized by law, are authorized to fill any vacancy caused 

by such a transfer. Personnel transferred under this paragraph 

shall perform such duties relating to such review as the relevant 

Inspector General shall direct. 

TITLE IV—OTHER PROVISIONS 

SEC. 401. 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, of any 

such amendments, and of the application of such provisions to 

other persons and circumstances shall not be affected thereby. 

SEC. 402. EFFECTIVE DATE. 

Except as provided in section 404, the amendments made by 

this Act shall take effect on the date of the enactment of this 

Act. 

SEC. 403. REPEALS. 

(a) REPEAL OF PROTECT AMERICA ACT OF 2007 PROVISIONS.— 

(1) AMENDMENTS TO FISA.— 

(A) IN GENERAL.—Except as provided in section 404, 

sections 105A, 105B, and 105C of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1805a, 1805b, and 

1805c) are repealed. 

(B) TECHNICAL AND CONFORMING AMENDMENTS.— 

(i) 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 

50 USC 

1805a–1805c. 

50 USC 1801 

note. 

50 USC 1801 

note. 


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striking the items relating to sections 105A, 105B, 

and 105C. 

(ii) CONFORMING AMENDMENTS.—Except as provided in section 404, section 103(e) of the Foreign 

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

1803(e)) is amended— 

(I) in paragraph (1), by striking ‘‘105B(h) or 

501(f)(1)’’ and inserting ‘‘501(f)(1) or 702(h)(4)’’; and 

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

501(f)(1)’’ and inserting ‘‘501(f)(1) or 702(h)(4)’’. 

(2) REPORTING REQUIREMENTS.—Except as provided in section 404, section 4 of the Protect America Act of 2007 (Public 

Law 110–55; 121 Stat. 555) is repealed. 

(3) TRANSITION PROCEDURES.—Except as provided in section 

404, subsection (b) of section 6 of the Protect America Act 

of 2007 (Public Law 110–55; 121 Stat. 556) is repealed. 

(b) FISA AMENDMENTS ACT OF 2008.— 

(1) IN GENERAL.—Except as provided in section 404, effective December 31, 2012, title VII of the Foreign Intelligence 

Surveillance Act of 1978, as amended by section 101(a), is 

repealed. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Effective 

December 31, 2012— 

(A) the table of contents in the first section of such 

Act (50 U.S.C. 1801 et seq.) is amended by striking the 

items related to title VII; 

(B) except as provided in section 404, section 601(a)(1) 

of such Act (50 U.S.C. 1871(a)(1)) is amended to read 

as such section read on the day before the date of the 

enactment of this Act; and 

(C) except as provided in section 404, section 

2511(2)(a)(ii)(A) of title 18, United States Code, is amended 

by striking ‘‘or a court order pursuant to section 704 of 

the Foreign Intelligence Surveillance Act of 1978’’. 

SEC. 404. TRANSITION PROCEDURES. 

(a) TRANSITION PROCEDURES FOR PROTECT AMERICA ACT OF

2007 PROVISIONS.— 

(1) CONTINUED EFFECT OF ORDERS, AUTHORIZATIONS, DIRECTIVES.—Except as provided in paragraph (7), 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 added by section 2 of 

the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 

552), shall continue in effect until the expiration of such order, 

authorization, or directive. 

(2) APPLICABILITY OF PROTECT AMERICA ACT OF 2007 TO

CONTINUED ORDERS, AUTHORIZATIONS, DIRECTIVES.—Notwithstanding any other provision of this Act, any amendment made 

by this Act, or the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1801 et seq.)— 

(A) subject to paragraph (3), section 105A of such Act, 

as added by section 2 of the Protect America Act of 2007 

(Public Law 110–55; 121 Stat. 552), shall continue to apply 

to any acquisition conducted pursuant to an order, 

authorization, or directive referred to in paragraph (1); 

and 

Applicability. 

50 USC 1801 

note. 

18 USC 2511 

note. 

50 USC 

1881–1881g. 

50 USC 1881 

note. 

Effective dates. 

50 USC 1803 

note. 


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(B) sections 105B and 105C of the Foreign Intelligence 

Surveillance Act of 1978, as added by sections 2 and 3, 

respectively, of the Protect America Act of 2007, shall continue to apply with respect to an order, authorization, 

or directive referred to in paragraph (1) until the later 

of— 

(i) the expiration of such order, authorization, or 

directive; or 

(ii) the date on which final judgment is entered 

for any petition or other litigation relating to such 

order, authorization, or directive. 

(3) USE OF INFORMATION.—Information acquired from an 

acquisition conducted pursuant to an order, authorization, or 

directive referred to in paragraph (1) shall be deemed to be 

information acquired from an electronic surveillance pursuant 

to title I of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801 et seq.) for purposes of section 106 of such 

Act (50 U.S.C. 1806), except for purposes of subsection (j) of 

such section. 

(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, shall 

continue to apply with respect to any directives issued pursuant 

to such section 105B. 

(5) JURISDICTION OF FOREIGN INTELLIGENCE SURVEILLANCE

COURT.—Notwithstanding any other provision of this Act or 

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

1801 et seq.), section 103(e) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1803(e)), as amended by section 5(a) of 

the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 

556), shall continue to apply with respect to a directive 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, until the later of— 

(A) the expiration of all orders, authorizations, or directives referred to in paragraph (1); or 

(B) the date on which final judgment is entered for 

any petition or other litigation relating to such order, 

authorization, or directive. 

(6) REPORTING REQUIREMENTS.— 

(A) CONTINUED APPLICABILITY.—Notwithstanding any 

other provision of this Act, any amendment made by this 

Act, the Protect America Act of 2007 (Public Law 110– 

55), or the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801 et seq.), section 4 of the Protect America 

Act of 2007 shall continue to apply until the date that 

the certification described in subparagraph (B) is submitted. 

(B) CERTIFICATION.—The certification described in this 

subparagraph is a certification— 

(i) made by the Attorney General; 

(ii) submitted as part of a semi-annual report 

required by section 4 of the Protect America Act of 

2007; 

(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 

Termination 

date. 

Termination 

dates. 


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by section 2 of the Protect America Act of 2007, after 

the date of such certification; and 

(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. 

(7) REPLACEMENT OF ORDERS, AUTHORIZATIONS, AND DIREC- TIVES.— (A) IN GENERAL.—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 (Public Law 

110–55), with an authorization under section 702 of the 

Foreign Intelligence Surveillance Act of 1978 (as added 

by section 101(a) of this Act), the Attorney General and 

the Director of National Intelligence shall, to the extent 

practicable, submit to the Foreign Intelligence Surveillance 

Court (as such term is defined in section 701(b)(2) of such 

Act (as so added)) a certification prepared in accordance 

with subsection (g) of such section 702 and the procedures 

adopted in accordance with subsections (d) and (e) of such 

section 702 at least 30 days before the expiration of such 

authorization. 

(B) CONTINUATION OF EXISTING ORDERS.—If the 

Attorney General and the Director of National Intelligence 

seek to replace an authorization made pursuant to section 

105B of the Foreign Intelligence Surveillance Act of 1978, 

as added by section 2 of the Protect America Act of 2007 

(Public Law 110–55; 121 Stat. 522), by filing a certification 

in accordance with subparagraph (A), that authorization, 

and any directives issued thereunder and any order related 

thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a) of such section 105B, 

until the Foreign Intelligence Surveillance Court (as such 

term is defined in section 701(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (as so added)) issues an 

order with respect to that certification under section 

702(i)(3) of such Act (as so added) at which time the provisions of that section and of section 702(i)(4) of such Act 

(as so added) shall apply. 

(8) EFFECTIVE DATE.—Paragraphs (1) through (7) shall take 

effect as if enacted on August 5, 2007. 

(b) TRANSITION PROCEDURES FOR FISA AMENDMENTS ACT OF

2008 PROVISIONS.— 

(1) ORDERS IN EFFECT ON DECEMBER 31, 2012.—Notwithstanding any other provision of this Act, any amendment made 

by this Act, or the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1801 et seq.), any order, authorization, or 

directive issued or made under title VII of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(a), 

shall continue in effect until the date of the expiration of 

such order, authorization, or directive. 

(2) APPLICABILITY OF TITLE VII OF FISA TO CONTINUED

ORDERS, AUTHORIZATIONS, DIRECTIVES.—Notwithstanding any 

other provision of this Act, any amendment made by this Act, 

Certification. 

Deadline. 


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PUBLIC LAW 110–261—JULY 10, 2008 122 STAT. 2477 

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

1801 et seq.), with respect to any order, authorization, or directive referred to in paragraph (1), title VII of such Act, as 

amended by section 101(a), shall continue to apply until the 

later of— 

(A) the expiration of such order, authorization, or directive; or 

(B) the date on which final judgment is entered for 

any petition or other litigation relating to such order, 

authorization, or directive. 

(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 (50 U.S.C. 1801 et seq.)— 

(A) section 103(e) of such Act, as amended by section 

403(a)(1)(B)(ii), shall continue to apply with respect to any 

directive issued pursuant to section 702(h) of such Act, 

as added by section 101(a); 

(B) section 702(h)(3) of such Act (as so added) shall 

continue to apply with respect to any directive issued 

pursuant to section 702(h) of such Act (as so added); 

(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; 

(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 

(E) section 2511(2)(a)(ii)(A) of title 18, United States 

Code, as amended by section 101(c)(1), shall continue to 

apply to an order issued pursuant to section 704 of the 

Foreign Intelligence Surveillance Act of 1978, as added 

by section 101(a). 

(4) REPORTING REQUIREMENTS.— 

(A) CONTINUED APPLICABILITY.—Notwithstanding any 

other provision of this Act or of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 

601(a) of such Act (50 U.S.C. 1871(a)), as amended by 

section 101(c)(2), and sections 702(l) and 707 of such Act, 

as added by section 101(a), shall continue to apply until 

the date that the certification described in subparagraph 

(B) is submitted. 

(B) CERTIFICATION.—The certification described in this 

subparagraph is a certification— 

(i) made by the Attorney General; 

(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; 

(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 

(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 


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122 STAT. 2478 PUBLIC LAW 110–261—JULY 10, 2008 

LEGISLATIVE HISTORY—H.R. 6304: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

June 20, considered and passed House. 

July 8, 9, considered and passed Senate. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

July 9, Presidential remarks. 

Æ 

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. 

(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 continue 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— 

(A) the date that authorization expires; or 

(B) the date that is 90 days after the date of the 

enactment of this Act. 

Approved July 10, 2008. 

Deadline. 


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