HR 3773 PCS 
(1) develop regulations to establish procedures 
for conducting and seeking approval of electronic 
surveillance, physical search, and the installation 
and use of pen registers and trap and trace devices 
on an emergency basis, and for preparing and prop-
erly submitting and receiving applications and orders 
under the Foreign Intelligence Surveillance Act of 
1978; and 
(2) prescribe related training on the Foreign 
Intelligence Surveillance Act of 1978 and related 
legal matters for the personnel of the applicable 
agencies of the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 
(50 U.S.C. 401a(4))). 
SEC. 16. INFORMATION FOR CONGRESS ON THE TERRORIST 
SURVEILLANCE PROGRAM AND SIMILAR PRO-
GRAMS. 
As soon as practicable after the date of the enactment 
of this Act, but not later than seven days after such date, 
the President shall fully inform each member of the Per-
manent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence 
of the Senate on the following: 
(1) The Terrorist Surveillance Program of the 
National Security Agency. 
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HR 3773 PCS 
(2) Any program in existence from September 
11, 2001, until the effective date of this Act that in-
volves, whether in part or in whole, the electronic 
surveillance of United States persons in the United 
States for foreign intelligence or other purposes, and 
which is conducted by any department, agency, or 
other element of the United States Government, or 
by any entity at the direction of a department, agen-
cy, or other element of the United States Govern-
ment, without fully complying with the procedures 
set forth in the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) or chapter 119, 
121, or 206 of title 18, United States Code. 
SEC. 17. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TABLE OF CONTENTS.—The table of contents in 
the first section of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended by strik-
ing the items relating to sections 105A, 105B, and 105C 
and inserting the following new items: 
‘‘Sec. 105A. Clarification of electronic surveillance of non-United States persons 
outside the United States. 
‘‘Sec. 105B. Additional authorization of acquisitions of communications of non- 
United States persons located outside the United States who 
may be communicating with persons inside the United States. 
‘‘Sec. 105C. Emergency authorization of acquisitions of communications of non- 
United States persons located outside the United States who 
may be communicating with persons inside the United States. 
‘‘Sec. 105D. Oversight of acquisitions of communications of non-United States 
persons located outside of the United States who may be com-
municating with persons inside the United States. 
‘‘Sec. 105E. Dissemination of communications of non-United States persons lo-
cated outside of the United States who may be communicating 
with persons inside the United States.’’. 
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HR 3773 PCS 
(b) SECTION 103(e) OF FISA.—Section 103(e) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(e)) is amended— 
(1) in paragraph (1), by striking ‘‘105B(h) or’’; 
and 
(2) in paragraph (2), by striking ‘‘105B(h) or’’. 
(c) REPEAL OF CERTAIN PROVISIONS OF THE PRO-
TECT AMERICA ACT OF 2007.—Sections 4 and 6 of the 
Protect America Act of 2007 (Public Law 110–55) are 
hereby repealed. 
SEC. 18. SUNSET; TRANSITION PROCEDURES. 
(a) SUNSET OF NEW PROVISIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), effective on December 31, 2009— 
(A) sections 105A, 105B, 105C, and 105D 
of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) are hereby re-
pealed; and 
(B) the table of contents in the first sec-
tion of such Act is amended by striking the 
items relating to sections 105A, 105B, 105C, 
and 105D. 
(2) ACQUISITIONS AUTHORIZED PRIOR TO SUN-
SET.—Any authorization or order issued under sec-
tion 105B of the Foreign Intelligence Surveillance 
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HR 3773 PCS 
Act of 1978, as amended by this Act, in effect on 
December 31, 2009, shall continue in effect until the 
date of the expiration of such authorization or order. 
(b) ACQUISITIONS AUTHORIZED PRIOR TO ENACT-
MENT.— 
(1) EFFECT.—Notwithstanding the amend-
ments made by this Act, an authorization of the ac-
quisition of foreign intelligence information under 
section 105B of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) made before 
the date of the enactment of this Act shall remain 
in effect until the date of the expiration of such au-
thorization or the date that is 180 days after such 
date of enactment, whichever is earlier. 
(2) REPORT.—Not later than 30 days after the 
date of the expiration of all authorizations of acqui-
sition of foreign intelligence information under sec-
tion 105B of the Foreign Intelligence Surveillance 
Act of 1978 (as added by Public Law 110–55) made 
before the date of the enactment of this Act in ac-
cordance with paragraph (1), the Director of Na-
tional Intelligence and the Attorney General shall 
submit to the Permanent Select Committee on Intel-
ligence and the Committee on the Judiciary of the 
House of Representatives and the Select Committee 
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HR 3773 PCS 
on Intelligence and the Committee on the Judiciary 
of the Senate a report on such authorizations, in-
cluding— 
(A) the number of targets of an acquisition 
under section 105B of such Act (as in effect on 
the day before the date of the enactment of this 
Act) that were later determined to be located in 
the United States; 
(B) the number of persons located in the 
United States whose communications have been 
acquired under such section; 
(C) the number of reports disseminated 
containing information on a United States per-
son that was collected under such section; 
(D) the number of applications submitted 
for approval of electronic surveillance under 
section 104 of such Act based upon information 
collected pursuant to an acquisition authorized 
under section 105B of such Act (as in effect on 
the day before the date of the enactment of this 
Act); and 
(E) a description of any incidents of non- 
compliance with an authorization under such 
section, including incidents of non-compliance 
by— 
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HR 3773 PCS 
(i) an element of the intelligence com-
munity with procedures referred to in sub-
section (a)(1) of such section; 
(ii) an element of the intelligence com-
munity with minimization procedures re-
ferred to in subsection (a)(5) of such sec-
tion; and 
(iii) a person directed to provide infor-
mation, facilities, or technical assistance 
under subsection (e) of such section. 
(3) INTELLIGENCE COMMUNITY DEFINED.—In 
this subsection, the term ‘‘intelligence community’’ 
has the meaning given the term in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
SEC. 19. CERTIFICATION TO COMMUNICATIONS SERVICE 
PROVIDERS THAT ACQUISITIONS ARE AU-
THORIZED UNDER FISA. 
(a) AUTHORIZATION UNDER SECTION 102.—Section 
102(a) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1802(a)) is amended by striking ‘‘fur-
nishing such aid’’ and inserting ‘‘furnishing such aid and 
shall provide such carrier with a certification stating that 
the electronic surveillance is authorized under this section 
and that all requirements of this section have been met’’. 
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HR 3773 PCS 
(b) AUTHORIZATION UNDER SECTION 105.—Section 
105(c)(2) of such Act (50 U.S.C. 1805(c)(2)) is amend-
ed— 
(1) in subparagraph (C), by striking ‘‘; and’’ 
and inserting ‘‘;’’; 
(2) in subparagraph (D), by striking ‘‘aid.’’ and 
inserting ‘‘aid; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) that the applicant provide such car-
rier, landlord, custodian, or other person with a 
certification stating that the electronic surveil-
lance is authorized under this section and that 
all requirements of this section have been 
met.’’. 
SEC. 20. STATUTE OF LIMITATIONS. 
(a) IN GENERAL.—Section 109 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1809) is 
amended by adding at the end the following new sub-
section: 
‘‘(e) STATUTE OF LIMITATIONS.—No person shall be 
prosecuted, tried, or punished for any offense under this 
section unless the indictment is found or the information 
is instituted not later than 10 years after the commission 
of the offense.’’. 
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HR 3773 PCS 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any offense committed before the 
date of the enactment of this Act if the statute of limita-
tions applicable to that offense has not run as of such 
date. 
SEC. 21. NO RIGHTS UNDER THE RESTORE ACT FOR UN-
DOCUMENTED ALIENS. 
This Act and the amendments made by this Act shall 
not be construed to prohibit surveillance of, or grant any 
rights to, an alien not permitted to be in or remain in 
the United States. 
SEC. 22. SURVEILLANCE TO PROTECT THE UNITED STATES. 
This Act and the amendments made by this Act shall 
not be construed to prohibit the intelligence community 
(as defined in section 3(4) of the National Security Act 
of 1947 (50 U.S.C. 401a(4))) from conducting lawful sur-
veillance that is necessary to— 
(1) prevent Osama Bin Laden, al Qaeda, or any 
other terrorist or terrorist organization from attack-
ing the United States, any United States person, or 
any ally of the United States; 
(2) ensure the safety and security of members 
of the United States Armed Forces or any other of-
ficer or employee of the Federal Government in-
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HR 3773 PCS 
volved in protecting the national security of the 
United States; or 
(3) protect the United States, any United 
States person, or any ally of the United States from 
threats posed by weapons of mass destruction or 
other threats to national security. 
Passed the House of Representatives November 15, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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110TH CONGRESS 
1ST SESSION 
H. R. 3773 
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. 
DECEMBER 3, 2007 
Received; read twice and placed on the calendar 
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