I 
110TH CONGRESS 
1ST SESSION H. R. 3773 
To amend the Foreign Intelligence Surveillance Act of 1978 to establish 
a procedure for authorizing certain acquisitions of foreign intelligence, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 9, 2007 
Mr. CONYERS (for himself, Mr. REYES, Mr. NADLER, Mr. SCOTT of Virginia, 
Ms. JACKSON-LEE of Texas, Ms. HOOLEY, Mrs. CHRISTENSEN, and Mr. 
RODRIGUEZ) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Select Committee on Intel-
ligence (Permanent Select), for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend the Foreign Intelligence Surveillance Act of 1978 
to establish a procedure for authorizing certain acquisi-
tions of foreign intelligence, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Responsible Electronic Surveillance That is Overseen, 
Reviewed, and Effective Act of 2007’’ or ‘‘RESTORE Act 
of 2007’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Clarification of electronic surveillance of non-United States persons out-
side the United States. 
Sec. 3. Procedure for authorizing acquisitions of communications of non-United 
States persons located outside the United States. 
Sec. 4. Emergency authorization of acquisitions of communications of non- 
United States persons located outside the United States. 
Sec. 5. Oversight of acquisitions of communications of non-United States per-
sons located outside of the United States. 
Sec. 6. Foreign Intelligence Surveillance Court en banc. 
Sec. 7. Audit of warrantless surveillance programs. 
Sec. 8. Record-keeping system on acquisition of communications of United 
States persons. 
Sec. 9. Authorization for increased resources relating to foreign intelligence sur-
veillance. 
Sec. 10. Reiteration of FISA as the exclusive means by which electronic surveil-
lance may be conducted for gathering foreign intelligence infor-
mation. 
Sec. 11. Technical and conforming amendments. 
Sec. 12. Sunset; transition procedures. 
SEC. 2. CLARIFICATION OF ELECTRONIC SURVEILLANCE 
OF NON-UNITED STATES PERSONS OUTSIDE 
THE UNITED STATES. 
Section 105A of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read 
as follows: 
‘‘CLARIFICATION
OF
ELECTRONIC
SURVEILLANCE
OF 
NON-UNITED
STATES
PERSONS
OUTSIDE
THE 
UNITED STATES 
‘‘SEC. 105A. (a) FOREIGN TO FOREIGN COMMUNICA-
TIONS.—Notwithstanding any other provision of this Act, 
a court order is not required for the acquisition of the 
contents of any communication between persons that are 
not United States persons and are not located within the 
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United States for the purpose of collecting foreign intel-
ligence information, without respect to whether the com-
munication passes through the United States or the sur-
veillance device is located within the United States. 
‘‘(b) COMMUNICATIONS
OF NON-UNITED STATES 
PERSONS OUTSIDE OF THE UNITED STATES.—Notwith-
standing any other provision of this Act other than sub-
section (a), electronic surveillance that is directed at the 
acquisition of the communications of a person that is rea-
sonably believed to be located outside the United States 
and not a United States person for the purpose of col-
lecting foreign intelligence information (as defined in 
paragraph (1) or (2)(A) of section 101(e)) by targeting 
that person shall be conducted pursuant to— 
‘‘(1) an order approved in accordance with sec-
tion 105 or 105B; or 
‘‘(2) an emergency authorization in accordance 
with section 105 or 105C.’’. 
SEC. 3. PROCEDURE FOR AUTHORIZING ACQUISITIONS OF 
COMMUNICATIONS OF NON-UNITED STATES 
PERSONS LOCATED OUTSIDE THE UNITED 
STATES. 
Section 105B of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read 
as follows: 
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‘‘PROCEDURE FOR AUTHORIZING ACQUISITIONS OF COM-
MUNICATIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE THE UNITED STATES 
‘‘SEC. 105B. (a) IN GENERAL.—Notwithstanding 
any other provision of this Act, the Director of National 
Intelligence and the Attorney General may jointly apply 
to a judge of the court established under section 103(a) 
for an ex parte order, or the extension of an order, author-
izing for a period of up to one year the acquisition of com-
munications of persons that are reasonably believed to be 
located outside the United States and not United States 
persons for the purpose of collecting foreign intelligence 
information (as defined in paragraph (1) or (2)(A) of sec-
tion 101(e)) by targeting those persons. 
‘‘(b) APPLICATION
INCLUSIONS.—An application 
under subsection (a) shall include— 
‘‘(1) a certification by the Director of National 
Intelligence and the Attorney General that— 
‘‘(A) the targets of the acquisition of for-
eign intelligence information under this section 
are persons reasonably believed to be located 
outside the United States; 
‘‘(B) the targets of the acquisition are rea-
sonably believed to be persons that are not 
United States persons; 
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‘‘(C) the acquisition involves obtaining the 
foreign intelligence information from, or with 
the assistance of, a communications service pro-
vider or custodian, or an officer, employee, or 
agent of such service provider or custodian, who 
has authorized access to the communications to 
be acquired, either as they are transmitted or 
while they are stored, or equipment that is 
being or may be used to transmit or store such 
communications; and 
‘‘(D) a significant purpose of the acquisi-
tion is to obtain foreign intelligence information 
(as defined in paragraph (1) or (2)(A) of sec-
tion 101(e)); and 
‘‘(2) a description of— 
‘‘(A) the procedures that will be used by 
the Director of National Intelligence and the 
Attorney General during the duration of the 
order to determine that there is a reasonable 
belief that the targets of the acquisition are 
persons that are located outside the United 
States and not United States persons; 
‘‘(B) the nature of the information sought, 
including the identity of any foreign power 
against whom the acquisition will be directed; 
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‘‘(2) the proposed minimization procedures re-
ferred to in subsection (b)(2)(C) meet the definition 
of minimization procedures under section 101(h); 
and 
‘‘(3) the guidelines referred to in subsection 
(b)(2)(D) are reasonably designed to ensure that an 
application is filed under section 104, if otherwise 
required by this Act, when the Federal Government 
seeks to conduct electronic surveillance of a person 
reasonably believed to be located in the United 
States. 
‘‘(e) ORDER.— 
‘‘(1) IN GENERAL.—A judge approving an ap-
plication under subsection (d) shall issue an order— 
‘‘(A) authorizing the acquisition of the con-
tents of the communications as requested, or as 
modified by the judge; 
‘‘(B) requiring the communications service 
provider or custodian, or officer, employee, or 
agent of such service provider or custodian, who 
has authorized access to the information, facili-
ties, or technical assistance necessary to accom-
plish the acquisition to provide such informa-
tion, facilities, or technical assistance necessary 
to accomplish the acquisition and to produce a 
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minimum of interference with the services that 
provider, custodian, officer, employee, or agent 
is providing the target of the acquisition; 
‘‘(C) requiring such communications serv-
ice provider, custodian, officer, employee, or 
agent, upon the request of the applicant, to 
maintain under security procedures approved by 
the Attorney General and the Director of Na-
tional Intelligence any records concerning the 
acquisition or the aid furnished; 
‘‘(D) directing the Federal Government 
to— 
‘‘(i) compensate, at the prevailing 
rate, a person for providing information, 
facilities, or assistance pursuant to such 
order; and 
‘‘(ii) provide a copy of the portion of 
the order directing the person to comply 
with the order to such person; and 
‘‘(E) directing the applicant to follow— 
‘‘(i) the procedures referred to in sub-
section (b)(2)(A) as proposed or as modi-
fied by the judge; 
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‘‘(ii) the minimization procedures re-
ferred to in subsection (b)(2)(C) as pro-
posed or as modified by the judge; and 
‘‘(iii) the guidelines referred to in sub-
section (b)(2)(D) as proposed or as modi-
fied by the judge. 
‘‘(2) FAILURE TO COMPLY.—If a person fails to 
comply with an order issued under paragraph (1), 
the Attorney General may invoke the aid of the 
court established under section 103(a) to compel 
compliance with the order. Failure to obey an order 
of the court may be punished by the court as con-
tempt of court. Any process under this section may 
be served in any judicial district in which the person 
may be found. 
‘‘(3) LIABILITY
OF
ORDER.—Notwithstanding 
any other law, no cause of action shall lie in any 
court against any person for providing any informa-
tion, facilities, or assistance in accordance with an 
order issued under this subsection. 
‘‘(4) RETENTION OF ORDER.—The Director of 
National Intelligence and the court established 
under subsection 103(a) shall retain an order issued 
under this section for a period of not less than 10 
years from the date on which such order is issued. 
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‘‘(5) ASSESSMENT OF COMPLIANCE WITH MINI-
MIZATION PROCEDURES.—At or before the end of 
the period of time for which an acquisition is ap-
proved by an order or an extension under this sec-
tion, the judge may assess compliance with the mini-
mization procedures referred to in paragraph 
(1)(E)(ii) and the guidelines referred to in para-
graph (1)(E)(iii) by reviewing the circumstances 
under which information concerning United States 
persons was acquired, retained, or disseminated.’’. 
SEC. 4. EMERGENCY AUTHORIZATION OF ACQUISITIONS OF 
COMMUNICATIONS OF NON-UNITED STATES 
PERSONS LOCATED OUTSIDE THE UNITED 
STATES. 
Section 105C of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read 
as follows: 
‘‘EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COM-
MUNICATIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE THE UNITED STATES 
‘‘SEC. 105C. (a) APPLICATION AFTER EMERGENCY 
AUTHORIZATION.—As soon as is practicable, but not more 
than 7 days after the Director of National Intelligence and 
the Attorney General authorize an acquisition under this 
section, an application for an order authorizing the acqui-
sition in accordance with section 105B shall be submitted 
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to the judge referred to in subsection (b)(2) of this section 
for approval of the acquisition in accordance with section 
105B. 
‘‘(b) 
EMERGENCY
AUTHORIZATION.—Notwith-
standing any other provision of this Act, the Director of 
National Intelligence and the Attorney General may joint-
ly authorize the emergency acquisition of foreign intel-
ligence information for a period of not more than 45 days 
if— 
‘‘(1) the Director of National Intelligence and 
the Attorney General jointly determine that— 
‘‘(A) an emergency situation exists with re-
spect to an authorization for an acquisition 
under section 105B before an order approving 
the acquisition under such section can with due 
diligence be obtained; 
‘‘(B) the targets of the acquisition of for-
eign intelligence information under this section 
are persons reasonably believed to be located 
outside the United States; 
‘‘(C) the targets of the acquisition are rea-
sonably believed to be persons that are not 
United States persons; 
‘‘(D) there are reasonable procedures in 
place for determining that the acquisition of 
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foreign intelligence information under this sec-
tion will be acquired by targeting only persons 
that are reasonably believed to be located out-
side the United States and not United States 
persons; 
‘‘(E) the acquisition involves obtaining the 
foreign intelligence information from, or with 
the assistance of, a communications service pro-
vider or custodian, or an officer, employee, or 
agent of such service provider or custodian, who 
has authorized access to the communications to 
be acquired, either as they are transmitted or 
while they are stored, or equipment that is 
being or may be used to transmit or store such 
communications; 
‘‘(F) a significant purpose of the acquisi-
tion is to obtain foreign intelligence information 
(as defined in paragraph (1) or (2)(A) of sec-
tion 101(e)); 
‘‘(G) minimization procedures to be used 
with respect to such acquisition activity meet 
the definition of minimization procedures under 
section 101(h); and 
‘‘(H) there are guidelines that will be used 
to ensure that an application is filed under sec-
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tion 104, if otherwise required by this Act, 
when the Federal Government seeks to conduct 
electronic surveillance of a person reasonably 
believed to be located in the United States; and 
‘‘(2) the Director of National Intelligence and 
the Attorney General, or their designees, inform a 
judge having jurisdiction to approve an acquisition 
under section 105B at the time of the authorization 
under this section that the decision has been made 
to acquire foreign intelligence information. 
‘‘(c) INFORMATION, FACILITIES, AND TECHNICAL 
ASSISTANCE.—Pursuant to an authorization of an acquisi-
tion under this section, the Attorney General may direct 
a communications service provider, custodian, or an offi-
cer, employee, or agent of such service provider or custo-
dian, who has the lawful authority to access the informa-
tion, facilities, or technical assistance necessary to accom-
plish such acquisition to— 
‘‘(1) furnish the Attorney General forthwith 
with such information, facilities, or technical assist-
ance in a manner that will protect the secrecy of the 
acquisition and produce a minimum of interference 
with the services that provider, custodian, officer, 
employee, or agent is providing the target of the ac-
quisition; and 
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‘‘(2) maintain under security procedures ap-
proved by the Attorney General and the Director of 
National Intelligence any records concerning the ac-
quisition or the aid furnished.’’. 
SEC. 5. OVERSIGHT OF ACQUISITIONS OF COMMUNICA-
TIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE OF THE UNITED STATES. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by inserting after 
section 105C the following new section: 
‘‘OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF 
NON-UNITED
STATES
PERSONS
LOCATED
OUTSIDE 
OF THE UNITED STATES 
‘‘SEC. 105D. (a) APPLICATION; PROCEDURES; OR-
DERS.—Not later than 7 days after an application is sub-
mitted under section 105B(a) or an order is issued under 
section 105B(e), the Director of National Intelligence and 
the Attorney General shall submit to the appropriate com-
mittees of Congress— 
‘‘(1) in the case of an application, a copy of the 
application, including the certification made under 
section 105B(b)(1); and 
‘‘(2) in the case of an order, a copy of the 
order, including the procedures and guidelines re-
ferred to in section 105B(e)(1)(E). 
‘‘(b) QUARTERLY AUDITS.— 
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‘‘(1) AUDIT.—Not later than 120 days after the 
date of the enactment of this section, and every 120 
days thereafter until the expiration of all orders 
issued under section 105B, the Inspector General of 
the Department of Justice shall complete an audit 
on the implementation of and compliance with the 
procedures and guidelines referred to in section 
105B(e)(1)(E) and shall submit to the appropriate 
committees of Congress, the Attorney General, the 
Director of National Intelligence, and the court es-
tablished under section 103(a) the results of such 
audit, including, for each order authorizing the ac-
quisition of foreign intelligence under section 
105B— 
‘‘(A) the number of targets of an acquisi-
tion under such order that were later deter-
mined to be located in the United States; 
‘‘(B) the number of persons located in the 
United States whose communications have been 
acquired under such order; 
‘‘(C) the number and nature of reports dis-
seminated containing information on a United 
States person that was collected under such 
order; and 
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‘‘(D) the number of applications submitted 
for approval of electronic surveillance under 
section 104 for targets whose communications 
were acquired under such order. 
‘‘(2) REPORT.—Not later than 30 days after 
the completion of an audit under paragraph (1), the 
Attorney General shall submit to the appropriate 
committees of Congress and the court established 
under section 103(a) a report containing the results 
of such audit. 
‘‘(c) COMPLIANCE REPORTS.—Not later than 60 days 
after the date of the enactment of this section, and every 
120 days thereafter until the expiration of all orders 
issued under section 105B, the Director of National Intel-
ligence and the Attorney General shall submit to the ap-
propriate committees of Congress and the court estab-
lished under section 103(a) a report concerning acquisi-
tions under section 105B during the previous 120-day pe-
riod. Each report submitted under this section shall in-
clude a description of any incidents of non-compliance 
with an order issued under section 105B(e), including inci-
dents of non-compliance by— 
‘‘(1) an element of the intelligence community 
with minimization procedures referred to in section 
105B(e)(1)(E)(i); 
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‘‘(2) an element of the intelligence community 
with 
procedures 
referred 
to 
in 
section 
105B(e)(1)(E)(ii); 
‘‘(3) an element of the intelligence community 
with 
guidelines 
referred 
to 
in 
section 
105B(e)(1)(E)(iii); and 
‘‘(4) a person directed to provide information, 
facilities, or technical assistance under such order. 
‘‘(d) REPORT ON EMERGENCY AUTHORITY.—The Di-
rector of National Intelligence and the Attorney General 
shall annually submit to the appropriate committees of 
Congress a report containing the number of emergency au-
thorizations of acquisitions under section 105C and a de-
scription of any incidents of non-compliance with an emer-
gency authorization under such section. 
‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘appropriate committees 
of Congress’ means— 
‘‘(1) the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
‘‘(2) the Select Committee on Intelligence of the 
Senate; and 
‘‘(3) the Committees on the Judiciary of the 
House of Representatives and the Senate.’’. 
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SEC. 6. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN 
BANC. 
Section 103 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803) is amended by adding at 
the end the following new subsection: 
‘‘(g) In any case where the court established under 
subsection (a) or a judge of such court is required to re-
view a matter under this Act, the court may, at the discre-
tion of the court, sit en banc to review such matter and 
issue any orders related to such matter.’’. 
SEC. 7. AUDIT OF WARRANTLESS SURVEILLANCE PRO-
GRAMS. 
(a) AUDIT.—Not later than 180 days after the date 
of the enactment of this Act, the Inspector General of the 
Department of Justice shall complete an audit of all pro-
grams of the Federal Government involving the acquisition 
of communications conducted without a court order on or 
after September 11, 2001, including the Terrorist Surveil-
lance Program referred to by the President in a radio ad-
dress on December 17, 2005. Such audit shall include ac-
quiring all documents relevant to such programs, includ-
ing memoranda concerning the legal authority of a pro-
gram, authorizations of a program, certifications to tele-
communications carriers, and court orders. 
(b) REPORT.— 
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(1) IN GENERAL.—Not later than 30 days after 
the completion of the audit under subsection (a), the 
Inspector General shall submit to the Permanent Se-
lect Committee on Intelligence and the Committee 
on the Judiciary of the House of Representatives 
and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate a report 
containing the results of such audit, including all 
documents acquired pursuant to conducting such 
audit. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(c) EXPEDITED SECURITY CLEARANCE.—The Direc-
tor of National Intelligence shall ensure that the process 
for the investigation and adjudication of an application by 
the Inspector General or the appropriate staff of the Of-
fice of the Inspector General of the Department of Justice 
for a security clearance necessary for the conduct of the 
audit under subsection (a) is conducted as expeditiously 
as possible. 
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SEC. 8. RECORD-KEEPING SYSTEM ON ACQUISITION OF 
COMMUNICATIONS OF UNITED STATES PER-
SONS. 
(a) RECORD-KEEPING SYSTEM.—The Director of 
National Intelligence and the Attorney General shall joint-
ly develop and maintain a record-keeping system that will 
keep track of— 
(1) the instances where the identity of a United 
States person whose communications were acquired 
was disclosed by an element of the intelligence com-
munity (as defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)) that col-
lected the communications to other departments or 
agencies of the United States; and 
(2) the departments and agencies of the Fed-
eral Government and persons to whom such identity 
information was disclosed. 
(b) REPORT.—The Director of National Intelligence 
and the Attorney General shall annually submit to the 
Permanent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives 
and the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate a report on the 
record-keeping system created under subsection (a), in-
cluding the number of instances referred to in paragraph 
(1). 
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SEC. 9. AUTHORIZATION FOR INCREASED RESOURCES RE-
LATING TO FOREIGN INTELLIGENCE SUR-
VEILLANCE. 
There are authorized to be appropriated the Depart-
ment of Justice, for the activities of the Office of the In-
spector General, the Office of Intelligence Policy and Re-
view, and other appropriate elements of the National Secu-
rity Division, and the National Security Agency such sums 
as may be necessary to meet the personnel and informa-
tion technology demands to ensure the timely and efficient 
processing of— 
(1) applications and other submissions to the 
court established under section 103(a) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803(a)); 
(2) the audit and reporting requirements 
under— 
(A) section 105D of such Act; and 
(B) section 7; and 
(3) the record-keeping system and reporting re-
quirements under section 8. 
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SEC. 10. REITERATION OF FISA AS THE EXCLUSIVE MEANS 
BY WHICH ELECTRONIC SURVEILLANCE MAY 
BE CONDUCTED FOR GATHERING FOREIGN 
INTELLIGENCE INFORMATION. 
(a) EXCLUSIVE MEANS.—Notwithstanding any other 
provision of law, the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive 
means by which electronic surveillance may be conducted 
for the purpose of gathering foreign intelligence informa-
tion. 
(b) SPECIFIC AUTHORIZATION REQUIRED FOR EX-
CEPTION.—Subsection (a) shall apply until specific statu-
tory authorization for electronic surveillance, other than 
as an amendment to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.), is enacted. Such 
specific statutory authorization shall be the only exception 
to subsection (a). 
SEC. 11. 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. Procedure for authorizing acquisitions of communications of non- 
United States persons located outside the United States. 
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‘‘Sec. 105C. Emergency authorization of acquisitions of communications of non- 
United States persons located outside the United States. 
‘‘Sec. 105D. Oversight of acquisitions of communications of persons located out-
side of the United States.’’. 
(b) SECTION 103(e) OF FISA.—Section 103(e) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(e)) is amended— 
(1) in paragraph (1), by striking ‘‘105B(h) or’’; 
and 
(2) in paragraph (2), by striking ‘‘105B(h) or’’. 
(c) REPEAL OF CERTAIN PROVISIONS OF THE PRO-
TECT AMERICA ACT.—Sections 4 and 6 of the Protect 
America Act (Public Law 110–55) are hereby repealed. 
SEC. 12. 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-
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tion 105B of the Foreign Intelligence Surveillance 
Act of 1978, as amended by this Act, in effect on 
December 31, 2009, shall continue in effect until the 
date of the expiration of such authorization or order. 
(b) ACQUISITIONS AUTHORIZED PRIOR TO 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 
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House of Representatives and the Select Committee 
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 
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section, including incidents of non-compliance 
by— 
(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)). 
Æ 
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