is terminated and no order is issued approving the phys-
ical search, no information obtained or evidence derived 
from such physical search shall be received in evidence or 
otherwise disclosed in any trial, hearing, or other pro-
ceeding in or before any court, grand jury, department, 
office, agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or political 
subdivision thereof, and no information concerning any 
United States person acquired from such physical search 
shall subsequently be used or disclosed in any other man-
ner by Federal officers or employees without the consent 
of such person, except with the approval of the Attorney 
General if the information indicates a threat of death or 
serious bodily harm to any person. 
‘‘(6) The Attorney General shall assess compliance 
with the requirements of paragraph (5).’’. 
(c) CONFORMING AMENDMENTS.—The Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended— 
(1) in section 304(a)(4), as redesignated by 
subsection 
(b) 
of 
this 
section, 
by 
striking 
‘‘303(a)(7)(E)’’ and inserting ‘‘303(a)(6)(E)’’; and 
(2) 
in 
section 
305(k)(2), 
by 
striking 
‘‘303(a)(7)’’ and inserting ‘‘303(a)(6)’’. 
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SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS 
AND TRAP AND TRACE DEVICES. 
Section 403 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1843) is amended— 
(1) in subsection (a)(2), by striking ‘‘48 hours’’ 
and inserting ‘‘7 days’’; and 
(2) in subsection (c)(1)(C), by striking ‘‘48 
hours’’ and inserting ‘‘7 days’’. 
SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT. 
(a) DESIGNATION OF JUDGES.—Subsection (a) of 
section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) is amended by inserting ‘‘at 
least’’ before ‘‘seven of the United States judicial cir-
cuits’’. 
(b) EN BANC AUTHORITY.— 
(1) IN
GENERAL.—Subsection (a) of section 
103 of the Foreign Intelligence Surveillance Act of 
1978, as amended by subsection (a) of this section, 
is further amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2)(A) The court established under this subsection 
may, on its own initiative, or upon the request of the Gov-
ernment in any proceeding or a party under section 501(f) 
or paragraph (4) or (5) of section 702(h), hold a hearing 
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or rehearing, en banc, when ordered by a majority of the 
judges that constitute such court upon a determination 
that— 
‘‘(i) en banc consideration is necessary to se-
cure or maintain uniformity of the court’s decisions; 
or 
‘‘(ii) the proceeding involves a question of ex-
ceptional importance. 
‘‘(B) Any authority granted by this Act to a judge 
of the court established under this subsection may be exer-
cised by the court en banc. When exercising such author-
ity, the court en banc shall comply with any requirements 
of this Act on the exercise of such authority. 
‘‘(C) For purposes of this paragraph, the court en 
banc shall consist of all judges who constitute the court 
established under this subsection.’’. 
(2) CONFORMING AMENDMENTS.—The Foreign 
Intelligence Surveillance Act of 1978 is further 
amended— 
(A) in subsection (a) of section 103, as 
amended by this subsection, by inserting ‘‘(ex-
cept when sitting en banc under paragraph 
(2))’’ after ‘‘no judge designated under this 
subsection’’; and 
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(B) in section 302(c) (50 U.S.C. 1822(c)), 
by inserting ‘‘(except when sitting en banc)’’ 
after ‘‘except that no judge’’. 
(c) STAY OR MODIFICATION DURING AN APPEAL.— 
Section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f)(1) A judge of the court established under sub-
section (a), the court established under subsection (b) or 
a judge of that court, or the Supreme Court of the United 
States or a justice of that court, may, in accordance with 
the rules of their respective courts, enter a stay of an order 
or an order modifying an order of the court established 
under subsection (a) or the court established under sub-
section (b) entered under any title of this Act, while the 
court established under subsection (a) conducts a rehear-
ing, while an appeal is pending to the court established 
under subsection (b), or while a petition of certiorari is 
pending in the Supreme Court of the United States, or 
during the pendency of any review by that court. 
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‘‘(2) The authority described in paragraph (1) shall 
apply to an order entered under any provision of this 
Act.’’. 
(d) AUTHORITY OF FOREIGN INTELLIGENCE SUR-
VEILLANCE COURT.—Section 103 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1803), as 
amended by this Act, is amended by adding at the end 
the following: 
‘‘(i) Nothing in this Act shall be construed to reduce 
or contravene the inherent authority of the court estab-
lished under subsection (a) to determine or enforce compli-
ance with an order or a rule of such court or with a proce-
dure approved by such court.’’. 
SEC. 110. WEAPONS OF MASS DESTRUCTION. 
(a) DEFINITIONS.— 
(1) FOREIGN POWER.—Subsection (a) of sec-
tion 101 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801(a)) is amended— 
(A) in paragraph (5), by striking ‘‘persons; 
or’’ and inserting ‘‘persons;’’; 
(B) in paragraph (6) by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
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‘‘(7) an entity not substantially composed of 
United States persons that is engaged in the inter-
national proliferation of weapons of mass destruc-
tion.’’. 
(2) AGENT OF A FOREIGN POWER.—Subsection 
(b)(1) of such section 101 is amended— 
(A) in subparagraph (B), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (C), by striking ‘‘or’’ 
at the end; and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(D) engages in the international prolifera-
tion of weapons of mass destruction, or activi-
ties in preparation therefor; or 
‘‘(E) engages in the international prolifera-
tion of weapons of mass destruction, or activi-
ties in preparation therefor for or on behalf of 
a foreign power; or’’. 
(3) FOREIGN INTELLIGENCE INFORMATION.— 
Subsection (e)(1)(B) of such section 101 is amended 
by striking ‘‘sabotage or international terrorism’’ 
and inserting ‘‘sabotage, international terrorism, or 
the international proliferation of weapons of mass 
destruction’’. 
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TITLE 
II—PROTECTIONS 
FOR 
ELECTRONIC 
COMMUNICA-
TION SERVICE PROVIDERS 
SEC. 201. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES 
UNDER 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), as amended by section 101, is 
further amended by adding at the end the following new 
title: 
‘‘TITLE 
VIII—PROTECTION 
OF 
PERSONS 
ASSISTING 
THE 
GOVERNMENT 
‘‘SEC. 801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) 
ASSISTANCE.—The 
term 
‘assistance’ 
means the provision of, or the provision of access to, 
information 
(including 
communication 
contents, 
communications records, or other information relat-
ing to a customer or communication), facilities, or 
another form of assistance. 
‘‘(2) CIVIL ACTION.—The term ‘civil action’ in-
cludes a covered civil action. 
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‘‘(3) CONGRESSIONAL INTELLIGENCE COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ means— 
‘‘(A) the Select Committee on Intelligence 
of the Senate; and 
‘‘(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
‘‘(4) CONTENTS.—The term ‘contents’ has the 
meaning given that term in section 101(n). 
‘‘(5) COVERED CIVIL ACTION.—The term ‘cov-
ered civil action’ means a civil action filed in a Fed-
eral or State court that— 
‘‘(A) alleges that an electronic communica-
tion service provider furnished assistance to an 
element of the intelligence community; and 
‘‘(B) seeks monetary or other relief from 
the electronic communication service provider 
related to the provision of such assistance. 
‘‘(6) ELECTRONIC
COMMUNICATION
SERVICE 
PROVIDER.—The term ‘electronic communication 
service provider’ means— 
‘‘(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
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‘‘(B) a provider of electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
‘‘(C) a provider of a remote computing 
service, as that term is defined in section 2711 
of title 18, United States Code; 
‘‘(D) any other communication service pro-
vider who has access to wire or electronic com-
munications either as such communications are 
transmitted or as such communications are 
stored; 
‘‘(E) a parent, subsidiary, affiliate, suc-
cessor, or assignee of an entity described in 
subparagraph (A), (B), (C), or (D); or 
‘‘(F) an officer, employee, or agent of an 
entity described in subparagraph (A), (B), (C), 
(D), or (E). 
‘‘(7) INTELLIGENCE
COMMUNITY.—The term 
‘intelligence community’ has the meaning given the 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
‘‘(8) PERSON.—The term ‘person’ means— 
‘‘(A) an electronic communication service 
provider; or 
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‘‘(B) a landlord, custodian, or other person 
who may be authorized or required to furnish 
assistance pursuant to— 
‘‘(i) an order of the court established 
under section 103(a) directing such assist-
ance; 
‘‘(ii) a certification in writing under 
section 2511(2)(a)(ii)(B) or 2709(b) of 
title 18, United States Code; or 
‘‘(iii) 
a 
directive 
under 
section 
102(a)(4), 105B(e), as added by section 2 
of the Protect America Act of 2007 (Public 
Law 110–55), or 702(h). 
‘‘(9) STATE.—The term ‘State’ means any 
State, political subdivision of a State, the Common-
wealth of Puerto Rico, the District of Columbia, and 
any territory or possession of the United States, and 
includes any officer, public utility commission, or 
other body authorized to regulate an electronic com-
munication service provider. 
‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES. 
‘‘(a) REQUIREMENT FOR CERTIFICATION.—Notwith-
standing any other provision of law, a civil action may not 
lie or be maintained in a Federal or State court against 
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any person for providing assistance to an element of the 
intelligence community, and shall be promptly dismissed, 
if the Attorney General certifies to the district court of 
the United States in which such action is pending that— 
‘‘(1) any assistance by that person was provided 
pursuant to an order of the court established under 
section 103(a) directing such assistance; 
‘‘(2) any assistance by that person was provided 
pursuant to a certification in writing under section 
2511(2)(a)(ii)(B) or 2709(b) of title 18, United 
States Code; 
‘‘(3) any assistance by that person was provided 
pursuant to a directive under section 102(a)(4), 
105B(e), as added by section 2 of the Protect Amer-
ica Act of 2007 (Public Law 110–55), or 702(h) di-
recting such assistance; 
‘‘(4) in the case of a covered civil action, the as-
sistance alleged to have been provided by the elec-
tronic communication service provider was— 
‘‘(A) in connection with an intelligence ac-
tivity involving communications that was— 
‘‘(i) authorized by the President dur-
ing the period beginning on September 11, 
2001, and ending on January 17, 2007; 
and 
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‘‘(ii) designed to detect or prevent a 
terrorist attack, or activities in preparation 
for a terrorist attack, against the United 
States; and 
‘‘(B) the subject of a written request or di-
rective, or a series of written requests or direc-
tives, from the Attorney General or the head of 
an element of the intelligence community (or 
the deputy of such person) to the electronic 
communication service provider indicating that 
the activity was— 
‘‘(i) authorized by the President; and 
‘‘(ii) determined to be lawful; or 
‘‘(5) the person did not provide the alleged as-
sistance. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) REVIEW OF CERTIFICATIONS.—A certifi-
cation under subsection (a) shall be given effect un-
less the court finds that such certification is not 
supported by substantial evidence provided to the 
court pursuant to this section. 
‘‘(2) SUPPLEMENTAL
MATERIALS.—In its re-
view of a certification under subsection (a), the 
court may examine the court order, certification, 
written request, or directive described in subsection 
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