49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–696 

PROVIDING FOR CONSIDERATION OF H.R. 5825, 

ELECTRONIC SURVEILLANCE MODERNIZATION ACT 

SEPTEMBER 28, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. PUTNAM, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1052] 

The Committee on Rules, having had under consideration House 

Resolution 1052, by a non-record vote, reports the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of H.R. 5825, the 

Electronic Surveillance Modernization Act, under a closed rule. The 

rule provides 90 minutes of debate in the House, with 60 minutes 

equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary, and 30 minutes 

equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence. 

The rule waives all points of order against consideration of the bill. 

The rule provides that in lieu of the amendments in the nature of 

a substitute as reported by the Committee on the Judiciary and the 

Permanent Select Committee on Intelligence, the amendment in 

the nature of a substitute printed in this report shall be considered 

as adopted. The rule provides one motion to recommit with or without instructions. 

Finally, the rule provides that, notwithstanding the operation of 

the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 4(a) of rule XIII (requiring a three-day 

layover of the committee report). The waiver is necessary because 

both the Permanent Select Committee on Intelligence and the ComVerDate Aug 31 2005 08:03 Sep 29, 2006 Jkt 049008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR696.XXX HR696

erjones on PROD1PC72 with HEARING
2 

mittee on the Judiciary filed their reports (H. Rept. 109–680, Part 

I and H. Rept. 109–680, Part II, respectively) with the House on 

Monday, September 25, 2006, but printed versions of the report 

were not available until Thursday, September 28, 2006 and the bill 

may be considered by the House as early as Thursday, September 

28, 2006. 

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee record vote No. 252 

Date: September 28, 2006. 

Measure: H.R. 5825, Electronic Surveillance Modernization Act. 

Motion by: Mrs. Slaughter. 

Summary of motion: To grant an open rule. 

Results: Defeated 4 to 6. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Capito—Nay; Bishop—Nay; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 253 

Date: September 28, 2006. 

Measure: H.R. 5825, Electronic Surveillance Modernization Act. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Mr. Ruppersberger, 

which changes the time in which the NSA and FBI can conduct 

emergency electronic surveillance before the Attorney General submits an application to the FISA court from 7 days to 14 days. 

Results: Defeated 4 to 6. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Capito—Nay; Bishop—Nay; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 254 

Date: September 28, 2006. 

Measure: H.R. 5825, Electronic Surveillance Modernization Act. 

Motion by: Mr. Hastings of Florida. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment in the nature of a substitute offered by Mr. Schiff, which explicitly makes clear that foreign-to-foreign communications are outside of FISA and don’t require a court 

order. Extends the FISA emergency exception from 72 hours to 7 

days, permitting law enforcement to initiate surveillance in an 

emergency situation before going to the FISA court for a warrant. 

Expands the FISA ‘‘wartime exception’’ for purposes of allowing 15 

days of warrantless surveillance if there is an explicit provision. 

Streamlines the FISA application process. Reiterates that FISA is 

the exclusive means by which domestic electronic surveillance for 

foreign intelligence purposes may be conducted, clarifies that the 

AUMF did not constitute an exception to that rule, and requires 

congressional oversight over the TSP and any other programs involving electronic surveillance of U.S. persons in the U.S. 


erjones on PROD1PC72 with HEARING
3 

Results: Defeated 4 to 6. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Capito—Nay; Bishop—Nay; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Dreier—Nay. 

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE

CONSIDERED AS ADOPTED

Wilson, Heather (NM)/Sensenbrenner (WI)/Hoekstra (MI): 

Amends section 101 of the Foreign Intelligence Surveillance Act 

(FISA) to modify the definitions of ‘‘agent of a foreign power’’, ‘‘electronic surveillance’’, ‘‘surveillance device’’ and ‘‘content’’ under 

FISA. Updates the existing certification process under which the 

government may conduct electronic surveillance without court 

order of certain foreign powers or agents of foreign powers. Updates the section to make the language technology neutral. Provides a new and streamlined Attorney General certification process. 

Creates a process by which the information is to be obtained, a 

mechanism for the FISA Court review, and enforce the directives 

as well as challenges to the process. Amends section 104 of FISA 

to streamline the process and circumstances by which an application for a court order authorizing electronic surveillance for foreign 

intelligence purposes may be sought. Reduces the volume of material required for a FISA application. Amends section 105 of FISA 

covering the issuance of an order based on the application in section 104 of FISA. Modifies the issuance of order section to be consistent with the changes in the application process. Amends 50 

U.S.C. 1805(f) that covers emergency orders to extend the period 

before a judge must be notified of an emergency employment of 

electronic surveillance from not more than 72 hours to not more 

than 168 hours (7 days). Strikes the term ‘‘radio’’ in effort to make 

the statute technology neutral. Additionally section 106(i) of FISA 

directs the destruction of unintentionally acquired information, unless the contents indicate a threat of death or serious bodily harm 

to any person. The bill would add to the exception contents that 

contain significant foreign intelligence information. Requires additional information to be regularly reported to the intelligence committees regarding surveillance conducted without warrant. Provides authority to the Chairman of each of the Intelligence Committees to notify all members or any individual members of the 

Committees, on a bipartisan basis and as the Chair considers necessary, of reporting of intelligence activities received under the National Security Act. Provides that an order issued under this section shall remain in force during the authorized period of surveillance notwithstanding the absence of the target from the United 

States, unless the Government files a motion to extinguish the 

order and the court grants the motion. Limits the liability of telecommunications carriers for complying with any court order or government request in connection with any intelligence program designed to protect the United States from a terrorist attack. Requires reporting to Congress that would permit Congress to conduct efficient and appropriate oversight of the implementation of 

FISA modernization at NSA. Updates the current FISA provisions 

for electronic surveillance after a declaration of war and would provide clear authority for our intelligence agencies in the event of an 

armed attack on the United States. Governs electronic surveillance 


erjones on PROD1PC72 with HEARING
4 

after a terrorist attack. Gives the President authority after a terrorist attack to authorize limited electronic surveillance to acquire 

foreign intelligence information without an order when the terrorist organizations and their affiliates responsible for the attack 

have been identified and notified to the Congress and the FISA 

court, when there is a reasonable belief that the target is communicating with a terrorist organization, for a period not to exceed 90 

days following a terrorist attack against the U.S. Provides limits on 

the length of surveillance of particular U.S. persons. Allows the 

President to authorize limited electronic surveillance when there 

exists an imminent threat of attack likely to cause death, serious 

injury, or substantial economic damage to the United States when 

the entities and their affiliates responsible for the threat have been 

identified and notified to the Congress and the FISA court, when 

there is a reasonable belief that the target is communicating with 

those entities and affiliates, for a period not to exceed 90 days. Provides limits on the length of surveillance of particular U.S. persons. 

Makes technical and conforming changes. 

TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE CONSIDERED

AS ADOPTED

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Electronic Surveillance Modernization Act’’. 

SEC. 2. FISA DEFINITIONS. 

(a) AGENT OF A FOREIGN POWER.—Subsection (b)(1) of section 101 

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

1801) is amended—

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

and 

(2) by adding at the end the following: 

‘‘(D) is reasonably expected to possess, control, transmit, 

or receive foreign intelligence information while such person is in the United States, provided that the official making the certification required by section 104(a)(7) deems 

such foreign intelligence information to be significant; or’’. 

(b) ELECTRONIC SURVEILLANCE.—Subsection (f) of such section is 

amended to read as follows: 

‘‘(f) ‘Electronic surveillance’ means—

‘‘(1) the installation or use of an electronic, mechanical, or 

other surveillance device for acquiring information by intentionally directing surveillance at a particular known person 

who is reasonably believed to be in the United States under 

circumstances in which that person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes; or 

‘‘(2) the intentional acquisition of the contents of any communication under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required 

for law enforcement purposes, if both the sender and all intended recipients are reasonably believed to be located within 

the United States.’’. 


erjones on PROD1PC72 with HEARING
5 

(c) MINIMIZATION PROCEDURES.—Subsection (h) of such section is 

amended— (1) in paragraph (2), by striking ‘‘importance;’’ and inserting ‘‘importance; and’’; 

(2) in paragraph (3), by striking ‘‘; and’’ and inserting ‘‘.’’; and 

(3) by striking paragraph (4). 

(d) WIRE COMMUNICATION AND SURVEILLANCE DEVICE.—Subsection (l) of such section is amended to read as follows: ‘‘(l) ‘Surveillance device’ is a device that allows surveillance by 

the Federal Government, but excludes any device that extracts or 

analyzes information from data that has already been acquired by 

the Federal Government by lawful means.’’. (e) CONTENTS.—Subsection (n) of such section is amended to read 

as follows: ‘‘(n) ‘Contents’, when used with respect to a communication, includes any information concerning the substance, purport, or meaning of that communication.’’. 

SEC. 3. AUTHORIZATION FOR ELECTRONIC SURVEILLANCE AND 

OTHER ACQUISITIONS FOR FOREIGN INTELLIGENCE PURPOSES. 

(a) IN GENERAL.—The Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1801 et seq.) is further amended by striking section 102 and inserting the following: 

‘‘AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR FOREIGN

INTELLIGENCE PURPOSES

‘‘SEC. 102. (a) IN GENERAL.—Notwithstanding any other law, the 

President, acting through the Attorney General, may authorize 

electronic surveillance without a court order under this title to acquire foreign intelligence information for periods of up to one year 

if the Attorney General certifies in writing under oath that— ‘‘(1) the electronic surveillance is directed at— ‘‘(A) the acquisition of the contents of communications of 

foreign powers, as defined in paragraph (1), (2), or (3) of 

section 101(a), or an agent of a foreign power, as defined 

in subparagraph (A) or (B) of section 101(b)(1); or 

‘‘(B) the acquisition of technical intelligence, other than 

the spoken communications of individuals, from property 

or premises under the open and exclusive control of a foreign power, as defined in paragraph (1), (2), or (3) of section 101(a); and 

‘‘(2) the proposed minimization procedures with respect to 

such surveillance meet the definition of minimization procedures under section 101(h); 

if the Attorney General reports such minimization procedures and 

any changes thereto to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee 

on Intelligence of the Senate at least 30 days prior to the effective 

date of such minimization procedures, unless the Attorney General 

determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason 

for their becoming effective immediately. 

‘‘(b) MINIMIZATION PROCEDURES.—An electronic surveillance authorized by this subsection may be conducted only in accordance 

with the Attorney General’s certification and the minimization proVerDate Aug 31 2005 08:03 Sep 29, 2006 Jkt 049008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR696.XXX HR696

erjones on PROD1PC72 with HEARING
6 

cedures. The Attorney General shall assess compliance with such 

procedures and shall report such assessments to the Permanent Select Committee on Intelligence of the House of Representatives and 

the Select Committee on Intelligence of the Senate under the provisions of section 108(a). 

‘‘(c) SUBMISSION OF CERTIFICATION.—The Attorney General shall 

immediately transmit under seal to the court established under 

section 103(a) a copy of his certification. Such certification shall be 

maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation 

with the Director of National Intelligence, and shall remain sealed 

unless—

‘‘(1) an application for a court order with respect to the surveillance is made under section 104; or 

‘‘(2) the certification is necessary to determine the legality of 

the surveillance under section 106(f). 

‘‘AUTHORIZATION FOR ACQUISITION OF FOREIGN INTELLIGENCE

INFORMATION

‘‘SEC. 102A. (a) IN GENERAL.—Notwithstanding any other law, 

the President, acting through the Attorney General may, for periods of up to one year, authorize the acquisition of foreign intelligence information concerning a person reasonably believed to be 

outside the United States if the Attorney General certifies in writing under oath that—

‘‘(1) the acquisition does not constitute electronic surveillance; 

‘‘(2) the acquisition involves obtaining the foreign intelligence 

information from or with the assistance of a wire or electronic 

communications service provider, custodian, or other person 

(including any officer, employee, agent, or other specified person of such service provider, custodian, or other person) who 

has access to wire or electronic communications, either as they 

are transmitted or while they are stored, or equipment that is 

being or may be used to transmit or store such communications; 

‘‘(3) a significant purpose of the acquisition is to obtain foreign intelligence information; and 

‘‘(4) the proposed minimization procedures with respect to 

such acquisition activity meet the definition of minimization 

procedures under section 101(h). 

‘‘(b) SPECIFIC PLACE NOT REQUIRED.—A certification under subsection (a) is not required to identify the specific facilities, places, 

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

‘‘(c) SUBMISSION OF CERTIFICATION.—The Attorney General shall 

immediately transmit under seal to the court established under 

section 103(a) a copy of a certification made under subsection (a). 

Such certification shall be maintained under security measures established by the Chief Justice of the United States and the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless the certification is necessary to determine the legality of the acquisition under section 

102B. 


erjones on PROD1PC72 with HEARING
7 

‘‘(d) MINIMIZATION PROCEDURES.—An acquisition under this section may be conducted only in accordance with the certification of 

the Attorney General and the minimization procedures adopted by 

the Attorney General. The Attorney General shall assess compliance with such procedures and shall report such assessments to 

the Permanent Select Committee on Intelligence of the House of 

Representatives and the Select Committee on Intelligence of the 

Senate under section 108(a). 

‘‘DIRECTIVES RELATING TO ELECTRONIC SURVEILLANCE AND OTHER

ACQUISITIONS OF FOREIGN INTELLIGENCE INFORMATION

‘‘SEC. 102B. (a) DIRECTIVE.—With respect to an authorization of 

electronic surveillance under section 102 or an authorization of an 

acquisition under section 102A, the Attorney General may direct a 

person to— ‘‘(1) immediately provide the Government with all information, facilities, and assistance necessary to accomplish the acquisition of foreign intelligence information in such a manner 

as will protect the secrecy of the electronic surveillance or acquisition and produce a minimum of interference with the services that such person is providing to the target; and ‘‘(2) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any 

records concerning the electronic surveillance or acquisition or 

the aid furnished that such person wishes to maintain. ‘‘(b) COMPENSATION.—The Government shall compensate, at the 

prevailing rate, a person for providing information, facilities, or assistance pursuant to subsection (a). ‘‘(c) FAILURE TO COMPLY.—In the case of a failure to comply with 

a directive issued pursuant to subsection (a), the Attorney General 

may petition the court established under section 103(a) to compel 

compliance with the directive. The court shall issue an order requiring the person or entity to comply with the directive if it finds 

that the directive was issued in accordance with section 102(a) or 

102A(a) and is otherwise lawful. Failure to obey an order of the 

court may be punished by the court as contempt of court. Any process under this section may be served in any judicial district in 

which the person or entity may be found. 

‘‘(d) REVIEW OF PETITIONS.—(1) IN GENERAL.—(A) CHALLENGE.—

A person receiving a directive issued pursuant to subsection (a) 

may challenge the legality of that directive by filing a petition with 

the pool established under section 103(e)(1). 

‘‘(B) ASSIGNMENT OF JUDGE.—The presiding judge designated 

pursuant to section 103(b) shall assign a petition filed under subparagraph (A) to one of the judges serving in the pool established 

by section 103(e)(1). Not later than 24 hours after the assignment 

of such petition, the assigned judge shall conduct an initial review 

of the directive. If the assigned judge determines that the petition 

is frivolous, the assigned judge shall deny the petition and affirm 

the directive or any part of the directive that is the subject of the 

petition. If the assigned judge determines the petition is not frivolous, the assigned judge shall, within 72 hours, consider the petition in accordance with the procedures established under section 

103(e)(2) and provide a written statement for the record of the reasons for any determination under this subsection. 


erjones on PROD1PC72 with HEARING
8 

‘‘(2) STANDARD OF REVIEW.—A judge considering a petition to 

modify or set aside a directive may grant such petition only if the 

judge finds that such directive does not meet the requirements of 

this section or is otherwise unlawful. If the judge does not modify 

or set aside the directive, the judge shall affirm such directive, and 

order the recipient to comply with such directive. ‘‘(3) DIRECTIVES NOT MODIFIED.—Any directive not explicitly 

modified or set aside under this subsection shall remain in full effect. ‘‘(e) APPEALS.—The Government or a person receiving a directive 

reviewed pursuant to subsection (d) may file a petition with the 

court of review established under section 103(b) for review of the 

decision issued pursuant to subsection (d) not later than 7 days 

after the issuance of such decision. Such court of review shall have 

jurisdiction to consider such petitions and shall provide for the 

record a written statement of the reasons for its decision. On petition by the Government or any person receiving such directive for 

a writ of certiorari, the record shall be transmitted under seal to 

the Supreme Court, which shall have jurisdiction to review such 

decision. ‘‘(f) PROCEEDINGS.—Judicial proceedings under this section shall 

be concluded as expeditiously as possible. The record of proceedings, including petitions filed, orders granted, and statements 

of reasons for decision, shall be maintained under security measures established by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National 

Intelligence. ‘‘(g) SEALED PETITIONS.—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. ‘‘(h) LIABILITY.—No cause of action shall lie in any court against 

any person for providing any information, facilities, or assistance 

in accordance with a directive under this section. ‘‘(i) USE OF INFORMATION.—Information acquired pursuant to a 

directive by the Attorney General under this section concerning 

any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required 

by section 102(a) or 102A(a). No otherwise privileged communication obtained in accordance with, or in violation of, the provisions 

of this section shall lose its privileged character. No information 

from an electronic surveillance under section 102 or an acquisition 

pursuant to section 102A may be used or disclosed by Federal officers or employees except for lawful purposes. ‘‘(j) USE IN LAW ENFORCEMENT.—No information acquired pursuant to this section shall be disclosed for law enforcement purposes 

unless such disclosure is accompanied by a statement that such information, or any information derived from such information, may 

only be used in a criminal proceeding with the advance authorization of the Attorney General. ‘‘(k) DISCLOSURE IN TRIAL.—If the Government intends to enter 

into evidence or otherwise use or disclose in any trial, hearing, or 

other proceeding in or before any court, department, officer, agency, 


erjones on PROD1PC72 with HEARING
9 

regulatory body, or other authority of the United States, against an 

aggrieved person, any information obtained or derived from an 

electronic surveillance conducted under section 102 or an acquisition authorized pursuant to section 102A, the Government shall, 

prior to the trial, hearing, or other proceeding or at a reasonable 

time prior to an effort to disclose or use that information or submit 

it in evidence, notify the aggrieved person and the court or other 

authority in which the information is to be disclosed or used that 

the Government intends to disclose or use such information. 

‘‘(l) DISCLOSURE IN STATE TRIALS.—If a State or political subdivision of a State intends to enter into evidence or otherwise use or 

disclose in any trial, hearing, or other proceeding in or before any 

court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision of a State, against an aggrieved person, any information obtained or derived from an electronic surveillance authorized pursuant to section 102 or an acquisition authorized pursuant to section 102A, the State or political 

subdivision of such State shall notify the aggrieved person, the 

court, or other authority in which the information is to be disclosed 

or used and the Attorney General that the State or political subdivision intends to disclose or use such information. 

‘‘(m) MOTION TO EXCLUDE EVIDENCE.—(1) IN GENERAL.—Any 

person against whom evidence obtained or derived from an electronic surveillance authorized pursuant to section 102 or an acquisition authorized pursuant to section 102A is to be, or has been, 

used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or 

other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such electronic surveillance or such acquisition on the 

grounds that—

‘‘(A) the information was unlawfully acquired; or 

‘‘(B) the electronic surveillance or acquisition was not properly made in conformity with an authorization under section 

102(a) or 102A(a). 

‘‘(2) TIMING.—A person moving to suppress evidence under paragraph (1) shall make the motion to suppress the evidence before 

the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the 

grounds of the motion. 

‘‘(n) REVIEW OF MOTIONS.—If a court or other authority is notified pursuant to subsection (k) or (l), a motion is made pursuant 

to subsection (m), or a motion or request is made by an aggrieved 

person pursuant to any other statute or rule of the United States 

or any State before any court or other authority of the United 

States or any State—

‘‘(1) to discover or obtain an Attorney General directive or 

other materials relating to an electronic surveillance authorized pursuant to section 102 or an acquisition authorized pursuant to section 102A, or 

‘‘(2) to discover, obtain, or suppress evidence or information 

obtained or derived from an electronic surveillance authorized 

pursuant to section 102 or an acquisition authorized pursuant 

to section 102A, 


erjones on PROD1PC72 with HEARING
10 

the United States district court or, where the motion is made before another authority, the United States district court in the same 

district as the authority, shall, notwithstanding any other law, if 

the Attorney General files an affidavit under oath that disclosure 

or an adversary hearing would harm the national security of the 

United States, review in camera and ex parte the application, 

order, and such other materials relating to such electronic surveillance or such acquisition as may be necessary to determine whether such electronic surveillance or such acquisition authorized under 

this section was lawfully authorized and conducted. In making this 

determination, the court may disclose to the aggrieved person, 

under appropriate security procedures and protective orders, portions of the directive or other materials relating to the acquisition 

only where such disclosure is necessary to make an accurate determination of the legality of the acquisition. 

‘‘(o) DETERMINATIONS.—If, pursuant to subsection (n), a United 

States district court determines that the acquisition authorized 

under this section was not lawfully authorized or conducted, it 

shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived or otherwise grant 

the motion of the aggrieved person. If the court determines that 

such acquisition was lawfully authorized and conducted, it shall 

deny the motion of the aggrieved person except to the extent that 

due process requires discovery or disclosure. 

‘‘(p) BINDING ORDERS.—Orders granting motions or requests 

under subsection (m), decisions under this section that an electronic surveillance or an acquisition was not lawfully authorized or 

conducted, and orders of the United States district court requiring 

review or granting disclosure of directives, orders, or other materials relating to such acquisition shall be final orders and binding 

upon all courts of the United States and the several States except 

a United States court of appeals and the Supreme Court. 

‘‘(q) COORDINATION.—(1) IN GENERAL.—Federal officers who acquire foreign intelligence information may consult with Federal law 

enforcement officers or law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of 

that State or political subdivision who has the authority to appoint 

or direct the chief law enforcement officer of that State or political 

subdivision, to coordinate efforts to investigate or protect against—

‘‘(A) actual or potential attack or other grave hostile acts of 

a foreign power or an agent of a foreign power; 

‘‘(B) sabotage, international terrorism, or the development or 

proliferation of weapons of mass destruction by a foreign power 

or an agent of a foreign power; or 

‘‘(C) clandestine intelligence activities by an intelligence 

service or network of a foreign power or by an agent of a foreign power. 

‘‘(2) CERTIFICATION REQUIRED.—Coordination authorized under 

paragraph (1) shall not preclude the certification required by section 102(a) or 102A(a). 

‘‘(r) RETENTION OF DIRECTIVES AND ORDERS.—A directive made 

or an order granted under this section shall be retained for a period of not less than 10 years from the date on which such directive 

or such order is made.’’. 


erjones on PROD1PC72 with HEARING
11 

(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 by inserting after the item relating to section 102 the following: 

‘‘102A. Authorization for acquisition of foreign intelligence information. 

‘‘102B. Directives relating to electronic surveillance and other acquisitions of foreign 

intelligence information.’’. 

SEC. 4. JURISDICTION OF FISA COURT. 

Section 103 of the Foreign Intelligence Surveillance Act of 1978 

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

new subsection: 

‘‘(g) Applications for a court order under this title are authorized 

if the President has, by written authorization, empowered the Attorney General to approve applications to the court having jurisdiction under this section, and a judge to whom an application is 

made may, notwithstanding any other law, grant an order, in conformity with section 105, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information.’’. 

SEC. 5. 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) in paragraph (6), by striking ‘‘detailed description’’

and inserting ‘‘summary description’’; 

(B) in paragraph (7)—

(i) in the matter preceding subparagraph (A), by 

striking ‘‘or officials designated’’ and all that follows 

through ‘‘consent of the Senate’’ and inserting ‘‘designated by the President to authorize electronic surveillance for foreign intelligence purposes’’; 

(ii) in subparagraph (C), by striking ‘‘techniques;’’

and inserting ‘‘techniques; and’’; 

(iii) by striking subparagraph (D); and 

(iv) by redesignating subparagraph (E) as subparagraph (D); 

(C) in paragraph (8), by striking ‘‘a statement of the 

means’’ and inserting ‘‘a summary statement of the 

means’’; 

(D) in paragraph (9)—

(i) by striking ‘‘a statement’’ and inserting ‘‘a summary statement’’; and 

(ii) by striking ‘‘application;’’ and inserting ‘‘application; and’’; 

(E) in paragraph (10), by striking ‘‘thereafter; and’’ and 

inserting ‘‘thereafter.’’; and 

(F) by striking paragraph (11). 

(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), by striking ‘‘or the Director of National Intelligence’’ and inserting ‘‘the Director of National Intelligence, or 

the Director of the Central Intelligence Agency’’. 


erjones on PROD1PC72 with HEARING
12 

SEC. 6. ISSUANCE OF AN ORDER. 

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 (c)(1)—

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

inserting ‘‘surveillance; and’’; 

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

inserting ‘‘approved.’’; and 

(C) by striking subparagraph (F); 

(3) by striking subsection (d); 

(4) by redesignating subsections (e) through (i) as subsections 

(d) through (h), respectively; 

(5) in subsection (d), as redesignated by paragraph (4), by 

amending paragraph (2) to read as follows: 

‘‘(2) Extensions of an order issued under this title may be granted on the same basis as an original order upon an application for 

an extension and new findings made in the same manner as required for an original order and may be for a period not to exceed 

one year.’’; 

(6) in subsection (e), as redesignated by paragraph (4), to 

read as follows: 

‘‘(e) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General—

‘‘(1) 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; 

‘‘(2) determines that the factual basis for issuance of an 

order under this title to approve such electronic surveillance 

exists; ‘‘(3) informs 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 ‘‘(4) makes an application in accordance with this title to a 

judge having jurisdiction under section 103 as soon as practicable, but not more than 168 hours after the Attorney General authorizes such surveillance. 

If the Attorney General authorizes such emergency employment of 

electronic surveillance, the Attorney General shall require that the 

minimization procedures required by this title for the issuance of 

a judicial order be followed. 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 168 hours 

from the time of authorization by the Attorney General, whichever 

is earliest. 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, 


erjones on PROD1PC72 with HEARING
13 

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. A denial of the application made 

under this subsection may be reviewed as provided in section 103.’’; 

(7) in subsection (h), as redesignated by paragraph (4)—

(A) by striking ‘‘a wire or’’ and inserting ‘‘an’’; and 

(B) by striking ‘‘physical search’’ and inserting ‘‘physical 

search or in response to a certification by the Attorney 

General or a designee of the Attorney General seeking information, facilities, or technical assistance from such person under section 102B’’; and 

(8) by adding at the end the following new subsection: 

‘‘(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, the 

judge shall also authorize the installation and use of pen registers 

and trap and trace devices to acquire dialing, routing, addressing, 

and signaling information related to such communications and such 

dialing, routing, addressing, and signaling information shall not be 

subject to minimization procedures.’’. 

SEC. 7. USE OF INFORMATION. 

Section 106(i) of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1806(i)) is amended—

(1) by striking ‘‘radio communication’’ and inserting ‘‘communication’’; and 

(2) by striking ‘‘contents indicates’’ and inserting ‘‘contents 

contain significant foreign intelligence information or indicate’’. 

SEC. 8. CONGRESSIONAL OVERSIGHT. 

(a) ELECTRONIC SURVEILLANCE UNDER FISA.—Section 108 of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808) is 

amended—

(1) in subsection (a)(2)—

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

(B) in subparagraph (C), by striking the period and inserting ‘‘; and’’; and 

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

‘‘(D) the authority under which the electronic surveillance is conducted.’’; and 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) On a semiannual basis, the Attorney General additionally 

shall fully inform the Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee on Intelligence of the Senate on electronic surveillance conducted without 

a court order.’’. 

(b) INTELLIGENCE ACTIVITIES.—The National Security Act of 1947 

(50 U.S.C. 401 et seq.) is amended—

(1) in section 501 (50 U.S.C. 413)—


erjones on PROD1PC72 with HEARING
14 

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

(B) by inserting after subsection (e) the following new 

subsection: 

‘‘(f) The Chair of each of the congressional intelligence committees, in consultation with the ranking member of the committee for 

which the person is Chair, may inform—

‘‘(1) on a bipartisan basis, all members or any individual 

members of such committee, and 

‘‘(2) any essential staff of such committee, 

of a report submitted under subsection (a)(1) or subsection (b) as 

such Chair considers necessary.’’; 

(2) in section 502 (50 U.S.C. 414), by adding at the end the 

following new subsection: 

‘‘(d) INFORMING OF COMMITTEE MEMBERS.—The Chair of each of 

the congressional intelligence committees, in consultation with the 

ranking member of the committee for which the person is Chair, 

may inform—

‘‘(1) on a bipartisan basis, all members or any individual 

members of such committee, and 

‘‘(2) any essential staff of such committee, 

of a report submitted under subsection (a) as such Chair considers 

necessary.’’; and 

(3) in section 503 (50 U.S.C. 415), by adding at the end the 

following new subsection: 

‘‘(g) The Chair of each of the congressional intelligence committees, in consultation with the ranking member of the committee for 

which the person is Chair, may inform—

‘‘(1) on a bipartisan basis, all members or any individual 

members of such committee, and 

‘‘(2) any essential staff of such committee, 

of a report submitted under subsection (b), (c), or (d) as such Chair 

considers necessary.’’. 

SEC. 9. INTERNATIONAL MOVEMENT OF TARGETS. 

(a) ELECTRONIC SURVEILLANCE.—Section 105(d) of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)), as redesignated by section 6(4), is amended by adding at the end the following new paragraph: 

‘‘(4) An order issued under this section shall remain in force 

during the authorized period of surveillance notwithstanding 

the absence of the target from the United States, unless the 

Government files a motion to extinguish the order and the 

court grants the motion.’’. 

(b) PHYSICAL SEARCH.—Section 304(d) of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1824(d)) is amended by adding 

at the end the following new paragraph: 

‘‘(4) An order issued under this section shall remain in force 

during the authorized period of surveillance notwithstanding 

the absence of the target from the United States, unless the 

Government files a motion to extinguish the order and the 

court grants the motion.’’. 

SEC. 10. COMPLIANCE WITH COURT ORDERS AND ANTITERRORISM 

PROGRAMS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

and in addition to the immunities, privileges, and defenses proVerDate Aug 31 2005 08:03 Sep 29, 2006 Jkt 049008 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR696.XXX HR696

erjones on PROD1PC72 with HEARING
15 

vided by any other provision of law, no action, claim, or proceeding 

shall lie or be maintained in any court, and no penalty, sanction, 

or other form of remedy or relief shall be imposed by any court or 

any other body, against any person for an activity arising from or 

relating to the provision to an element of the intelligence community of any information (including records or other information pertaining to a customer), facilities, or assistance during the period of 

time beginning on September 11, 2001, and ending on the date that 

is 60 days after the date of the enactment of this Act, in connection 

with any alleged communications intelligence program that the Attorney General or a designee of the Attorney General certifies, in 

a manner consistent with the protection of State secrets, is, was, 

or would be intended to protect the United States from a terrorist 

attack. This section shall apply to all actions, claims, or proceedings pending on or after the effective date of this Act. 

(b) JURISDICTION.—Any action, claim, or proceeding described in 

subsection (a) 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 pursuant to section 1441 of title 28, United 

States Code. 

(c) DEFINITIONS.—In this section: 

(1) 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)). 

(2) PERSON.—The term ‘‘person’’ has the meaning given the 

term in section 2510(6) of title 18, United States Code. 

SEC. 11. REPORT ON MINIMIZATION PROCEDURES. 

(a) REPORT.—Not later than two years after the date of the enactment of this Act, and annually thereafter until December 31, 

2009, the Director of the National Security Agency, in consultation 

with the Director of National Intelligence and the Attorney General, shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee 

on Intelligence of the Senate a report on the effectiveness and use 

of minimization procedures applied to information concerning 

United States persons acquired during the course of a communications activity conducted by the National Security Agency. 

(b) REQUIREMENTS.—A report submitted under subsection (a) 

shall include—

(1) a description of the implementation, during the course of 

communications intelligence activities conducted by the National Security Agency, of procedures established to minimize 

the acquisition, retention, and dissemination of nonpublicly 

available information concerning United States persons; 

(2) the number of significant violations, if any, of such minimization procedures during the 18 months following the effective date of this Act; and 

(3) summary descriptions of such violations. 

(c) RETENTION OF INFORMATION.—Information concerning United 

States persons shall not be retained solely for the purpose of complying with the reporting requirements of this section. 

SEC. 12. AUTHORIZATION AFTER AN ARMED ATTACK. 

(a) ELECTRONIC SURVEILLANCE.—Section 111 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1811) is amended by 


erjones on PROD1PC72 with HEARING
16 

striking ‘‘for a period not to exceed’’ and all that follows and inserting the following: ‘‘for a period not to exceed 90 days following an 

armed attack against the territory of the United States if the President submits to the Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on Intelligence of the Senate notification of the authorization under this 

section.’’. 

(b) PHYSICAL SEARCH.—Section 309 of such Act (50 U.S.C. 1829) 

is amended by striking ‘‘for a period not to exceed’’ and all that follows and inserting the following: ‘‘for a period not to exceed 90 days 

following an armed attack against the territory of the United 

States if the President submits to the Permanent Select Committee 

on Intelligence of the House of Representatives and the Select 

Committee on Intelligence of the Senate notification of the authorization under this section.’’. 

SEC. 13. AUTHORIZATION OF ELECTRONIC SURVEILLANCE AFTER A 

TERRORIST ATTACK. 

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

1801 et seq.) is further amended—

(1) by adding at the end of title I the following new section: 

‘‘AUTHORIZATION FOLLOWING A TERRORIST ATTACK UPON THE UNITED

STATES

‘‘SEC. 112. (a) IN GENERAL.—Notwithstanding any other provision of law, but subject to the provisions of this section, the President, acting through the Attorney General, may authorize electronic surveillance without an order under this title to acquire foreign intelligence information for a period not to exceed 90 days following a terrorist attack against the United States if the President 

submits a notification to the congressional intelligence committees 

and a judge having jurisdiction under section 103 that—

‘‘(1) the United States has been the subject of a terrorist attack; and 

‘‘(2) identifies the terrorist organizations or affiliates of terrorist organizations believed to be responsible for the terrorist 

attack. 

‘‘(b) SUBSEQUENT CERTIFICATIONS.—At the end of the 90-day period described in subsection (a), and every 90 days thereafter, the 

President may submit a subsequent certification to the congressional intelligence committees and a judge having jurisdiction 

under section 103 that the circumstances of the terrorist attack for 

which the President submitted a certification under subsection (a) 

require the President to continue the authorization of electronic 

surveillance under this section for an additional 90 days. The 

President shall be authorized to conduct electronic surveillance 

under this section for an additional 90 days after each such subsequent certification. 

‘‘(c) ELECTRONIC SURVEILLANCE OF INDIVIDUALS.—The President, 

or an official designated by the President to authorize electronic 

surveillance, may only conduct electronic surveillance of a person 

under this section if the President or such official determines 

that—

‘‘(1) there is a reasonable belief that such person is communicating with a terrorist organization or an affiliate of a terVerDate Aug 31 2005 08:03 Sep 29, 2006 Jkt 049008 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR696.XXX HR696

erjones on PROD1PC72 with HEARING
17 

rorist organization that is reasonably believed to be responsible 

for the terrorist attack; and ‘‘(2) the information obtained from the electronic surveillance 

may be foreign intelligence information. ‘‘(d) MINIMIZATION PROCEDURES.—The President may not authorize electronic surveillance under this section until the Attorney 

General approves minimization procedures for electronic surveillance conducted under this section. ‘‘(e) UNITED STATES PERSONS.—Notwithstanding subsection (a) or 

(b), the President may not authorize electronic surveillance of a 

United States person under this section without an order under 

this title for a period of more than 60 days unless the President, 

acting through the Attorney General, submits a certification to the 

congressional intelligence committees that— ‘‘(1) the continued electronic surveillance of the United 

States person is vital to the national security of the United 

States; ‘‘(2) describes the circumstances that have prevented the Attorney General from obtaining an order under this title for continued surveillance; ‘‘(3) describes the reasons for believing the United States 

person is affiliated with or in communication with a terrorist 

organization or affiliate of a terrorist organization that is reasonably believed to be responsible for the terrorist attack; and ‘‘(4) describes the foreign intelligence information derived 

from the electronic surveillance conducted under this section. ‘‘(f) USE OF INFORMATION.—Information obtained pursuant to 

electronic surveillance under this subsection may be used to obtain 

an order authorizing subsequent electronic surveillance under this 

title. ‘‘(g) REPORTS.—Not later than 14 days after the date on which 

the President submits a certification under subsection (a), and 

every 30 days thereafter until the President ceases to authorize 

electronic surveillance under subsection (a) or (b), the President 

shall submit to the congressional intelligence committees a report 

on the electronic surveillance conducted under this section, including—

‘‘(1) a description of each target of electronic surveillance 

under this section; and 

‘‘(2) the basis for believing that each target is in communication with a terrorist organization or an affiliate of a terrorist 

organization. 

‘‘(h) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 

this section, the term ‘congressional intelligence committees’ means 

the Permanent Select Committee on Intelligence of the House of 

Representatives and the Select Committee on Intelligence of the 

Senate.’’; and 

(2) in the table of contents in the first section, by inserting 

after the item relating to section 111 the following new item: ‘‘Sec. 112. Authorization following a terrorist attack upon the United States.’’

SEC. 14. AUTHORIZATION OF ELECTRONIC SURVEILLANCE DUE TO IMMINENT THREAT. 

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

1801 et seq.) is further amended—

(1) by adding at the end of title I the following new section: 


erjones on PROD1PC72 with HEARING
18 

‘‘AUTHORIZATION DUE TO IMMINENT THREAT

‘‘SEC. 113. (a) IN GENERAL.—Notwithstanding any other provision of law, but subject to the provisions of this section, the President, acting through the Attorney General, may authorize electronic surveillance without an order under this title to acquire foreign intelligence information for a period not to exceed 90 days if 

the President submits to the congressional leadership, the congressional intelligence committees, and the Foreign Intelligence Surveillance Court a written notification that the President has determined that there exists an imminent threat of attack likely to 

cause death, serious injury, or substantial economic damage to the 

United States. Such notification—

‘‘(1) shall be submitted as soon as practicable, but in no case 

later than 5 days after the date on which the President authorizes electronic surveillance under this section; 

‘‘(2) shall specify the entity responsible for the threat and 

any affiliates of the entity; 

‘‘(3) shall state the reason to believe that the threat of imminent attack exists; 

‘‘(4) shall state the reason the President needs broader authority to conduct electronic surveillance in the United States 

as a result of the threat of imminent attack; 

‘‘(5) shall include a description of the foreign intelligence information that will be collected and the means that will be 

used to collect such foreign intelligence information; and 

‘‘(6) may be submitted in classified form. 

‘‘(b) SUBSEQUENT CERTIFICATIONS.—At the end of the 90-day period described in subsection (a), and every 90 days thereafter, the 

President may submit a subsequent written notification to the congressional leadership, the congressional intelligence committees, 

the other relevant committees, and the Foreign Intelligence Surveillance Court that the circumstances of the threat for which the 

President submitted a written notification under subsection (a) require the President to continue the authorization of electronic surveillance under this section for an additional 90 days. The President shall be authorized to conduct electronic surveillance under 

this section for an additional 90 days after each such subsequent 

written notification. 

‘‘(c) ELECTRONIC SURVEILLANCE OF INDIVIDUALS.—The President, 

or an official designated by the President to authorize electronic 

surveillance, may only conduct electronic surveillance of a person 

under this section if the President or such official determines 

that—

‘‘(1) there is a reasonable belief that such person is communicating with an entity or an affiliate of an entity that is reasonably believed to be responsible for imminent threat of attack; and 

‘‘(2) the information obtained from the electronic surveillance 

may be foreign intelligence information. 

‘‘(d) MINIMIZATION PROCEDURES.—The President may not authorize electronic surveillance under this section until the Attorney 

General approves minimization procedures for electronic surveillance conducted under this section. 


erjones on PROD1PC72 with HEARING
19 

‘‘(e) UNITED STATES PERSONS.—Notwithstanding subsections (a) 

and (b), the President may not authorize electronic surveillance of 

a United States person under this section without an order under 

this title for a period of more than 60 days unless the President, 

acting through the Attorney General, submits a certification to the 

congressional intelligence committees that—

‘‘(1) the continued electronic surveillance of the United 

States person is vital to the national security of the United 

States; 

‘‘(2) describes the circumstances that have prevented the Attorney General from obtaining an order under this title for continued surveillance; 

‘‘(3) describes the reasons for believing the United States 

person is affiliated with or in communication with an entity or 

an affiliate of an entity that is reasonably believed to be responsible for imminent threat of attack; and 

‘‘(4) describes the foreign intelligence information derived 

from the electronic surveillance conducted under this section. 

‘‘(f) USE OF INFORMATION.—Information obtained pursuant to 

electronic surveillance under this subsection may be used to obtain 

an order authorizing subsequent electronic surveillance under this 

title. 

‘‘(g) DEFINITIONS.—In this section: 

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

‘congressional intelligence committees’ means the Permanent 

Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. 

‘‘(2) CONGRESSIONAL LEADERSHIP.—The term ‘congressional 

leadership’ means the Speaker and minority leader of the 

House of Representatives and the majority leader and minority 

leader of the Senate. 

‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE COURT.—The term 

‘Foreign Intelligence Surveillance Court’ means the court established under section 103(a). 

‘‘(4) OTHER RELEVANT COMMITTEES.—The term ‘other relevant committees’ means the Committees on Appropriations, 

the Committees on Armed Services, and the Committees on the 

Judiciary of the House of Representatives and the Senate.’’; 

and 

(2) in the table of contents in the first section, by inserting 

after the item relating to section 112, as added by section 

13(2), the following new item: ‘‘Sec. 113. Authorization due to imminent threat.’’. 

SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS. 

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

1801 et seq.) is further amended—

(1) in section 105(a)(4), as redesignated by section 6(1)(B)—

(A) by striking ‘‘104(a)(7)(E)’’ and inserting 

‘‘104(a)(7)(D)’’; and 

(B) by striking ‘‘104(d)’’ and inserting ‘‘104(c)’’; 

(2) in section 106(j), in the matter preceding paragraph (1), 

by striking ‘‘105(e)’’ and inserting ‘‘105(d)’’; and 


erjones on PROD1PC72 with HEARING
20 

(3) in section 108(a)(2)(C), by striking ‘‘105(f)’’ and inserting ‘‘105(e)’’. 

Æ 


erjones on PROD1PC72 with HEARING