I 
110TH CONGRESS 
2D SESSION 
H. R. 6304 
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 
JUNE 19, 2008 
Mr. REYES (for himself, Mr. HOEKSTRA, and Mr. SMITH of Texas) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Select Committee on Intelligence (Permanent Se-
lect), 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 
‘‘Foreign Intelligence Surveillance Act of 1978 Amend-
ments Act of 2008’’ or the ‘‘FISA Amendments Act of 
2008’’. 
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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. 
TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE 
Sec. 101. Additional procedures regarding certain persons outside the United 
States. 
Sec. 102. Statement of exclusive means by which electronic surveillance and 
interception of certain communications may be conducted. 
Sec. 103. Submittal to Congress of certain court orders under the Foreign In-
telligence Surveillance Act of 1978. 
Sec. 104. Applications for court orders. 
Sec. 105. Issuance of an order. 
Sec. 106. Use of information. 
Sec. 107. Amendments for physical searches. 
Sec. 108. Amendments for emergency pen registers and trap and trace devices. 
Sec. 109. Foreign Intelligence Surveillance Court. 
Sec. 110. Weapons of mass destruction. 
TITLE II—PROTECTIONS FOR ELECTRONIC COMMUNICATION 
SERVICE PROVIDERS 
Sec. 201. Procedures for implementing statutory defenses under the Foreign 
Intelligence Surveillance Act of 1978. 
Sec. 202. Technical amendments. 
TITLE III—REVIEW OF PREVIOUS ACTIONS 
Sec. 301. Review of previous actions. 
TITLE IV—OTHER PROVISIONS 
Sec. 401. Severability. 
Sec. 402. Effective date. 
Sec. 403. Repeals. 
Sec. 404. Transition procedures. 
TITLE I—FOREIGN 
INTELLIGENCE SURVEILLANCE 
SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN 
PERSONS OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—The Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— 
(1) by striking title VII; and 
(2) by adding at the end the following: 
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‘‘TITLE VII—ADDITIONAL PROCE-
DURES REGARDING CERTAIN 
PERSONS 
OUTSIDE 
THE 
UNITED STATES 
‘‘SEC. 701. DEFINITIONS. 
‘‘(a) IN GENERAL.—The terms ‘agent of a foreign 
power’, ‘Attorney General’, ‘contents’, ‘electronic surveil-
lance’, ‘foreign intelligence information’, ‘foreign power’, 
‘person’, ‘United States’, and ‘United States person’ have 
the meanings given such terms in section 101, except as 
specifically provided in this title. 
‘‘(b) ADDITIONAL DEFINITIONS.— 
‘‘(1) CONGRESSIONAL INTELLIGENCE 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. 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT; COURT.—The terms ‘Foreign Intelligence 
Surveillance Court’ and ‘Court’ mean the court es-
tablished under section 103(a). 
‘‘(3) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT OF REVIEW; COURT OF REVIEW.—The terms 
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‘Foreign Intelligence Surveillance Court of Review’ 
and ‘Court of Review’ mean the court established 
under section 103(b). 
‘‘(4) ELECTRONIC
COMMUNICATION
SERVICE 
PROVIDER.—The term ‘electronic communication 
service provider’ means— 
‘‘(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
‘‘(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; or 
‘‘(E) an officer, employee, or agent of an 
entity described in subparagraph (A), (B), (C), 
or (D). 
‘‘(5) INTELLIGENCE
COMMUNITY.—The term 
‘intelligence community’ has the meaning given the 
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term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
‘‘SEC. 702. PROCEDURES FOR TARGETING CERTAIN PER-
SONS OUTSIDE THE UNITED STATES OTHER 
THAN UNITED STATES PERSONS. 
‘‘(a) AUTHORIZATION.—Notwithstanding any other 
provision of law, upon the issuance of an order in accord-
ance with subsection (i)(3) or a determination under sub-
section (c)(2), the Attorney General and the Director of 
National Intelligence may authorize jointly, for a period 
of up to 1 year from the effective date of the authoriza-
tion, the targeting of persons reasonably believed to be lo-
cated outside the United States to acquire foreign intel-
ligence information. 
‘‘(b) LIMITATIONS.—An acquisition authorized under 
subsection (a)— 
‘‘(1) may not intentionally target any person 
known at the time of acquisition to be located in the 
United States; 
‘‘(2) may not intentionally target a person rea-
sonably believed to be located outside the United 
States if the purpose of such acquisition is to target 
a particular, known person reasonably believed to be 
in the United States; 
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‘‘(3) may not intentionally target a United 
States person reasonably believed to be located out-
side the United States; 
‘‘(4) may not intentionally acquire any commu-
nication as to which the sender and all intended re-
cipients are known at the time of the acquisition to 
be located in the United States; and 
‘‘(5) shall be conducted in a manner consistent 
with the fourth amendment to the Constitution of 
the United States. 
‘‘(c) CONDUCT OF ACQUISITION.— 
‘‘(1) IN GENERAL.—An acquisition authorized 
under subsection (a) shall be conducted only in ac-
cordance with— 
‘‘(A) the targeting and minimization proce-
dures adopted in accordance with subsections 
(d) and (e); and 
‘‘(B) upon submission of a certification in 
accordance with subsection (g), such certifi-
cation. 
‘‘(2) DETERMINATION.—A determination under 
this paragraph and for purposes of subsection (a) is 
a determination by the Attorney General and the Di-
rector of National Intelligence that exigent cir-
cumstances exist because, without immediate imple-
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mentation of an authorization under subsection (a), 
intelligence important to the national security of the 
United States may be lost or not timely acquired 
and time does not permit the issuance of an order 
pursuant to subsection (i)(3) prior to the implemen-
tation of such authorization. 
‘‘(3) TIMING OF DETERMINATION.—The Attor-
ney General and the Director of National Intel-
ligence may make the determination under para-
graph (2)— 
‘‘(A) before the submission of a certifi-
cation in accordance with subsection (g); or 
‘‘(B) by amending a certification pursuant 
to subsection (i)(1)(C) at any time during 
which judicial review under subsection (i) of 
such certification is pending. 
‘‘(4) CONSTRUCTION.—Nothing in title I shall 
be construed to require an application for a court 
order under such title for an acquisition that is tar-
geted in accordance with this section at a person 
reasonably believed to be located outside the United 
States. 
‘‘(d) TARGETING PROCEDURES.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 
General, in consultation with the Director of Na-
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tional Intelligence, shall adopt targeting procedures 
that are reasonably designed to— 
‘‘(A) ensure that any acquisition author-
ized under subsection (a) is limited to targeting 
persons reasonably believed to be located out-
side the United States; and 
‘‘(B) prevent the intentional acquisition of 
any communication as to which the sender and 
all intended recipients are known at the time of 
the acquisition to be located in the United 
States. 
‘‘(2) 
JUDICIAL
REVIEW.—The 
procedures 
adopted in accordance with paragraph (1) shall be 
subject to judicial review pursuant to subsection (i). 
‘‘(e) MINIMIZATION PROCEDURES.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 
General, in consultation with the Director of Na-
tional Intelligence, shall adopt minimization proce-
dures that meet the definition of minimization proce-
dures under section 101(h) or 301(4), as appro-
priate, for acquisitions authorized under subsection 
(a). 
‘‘(2) JUDICIAL
REVIEW.—The minimization 
procedures adopted in accordance with paragraph 
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(1) shall be subject to judicial review pursuant to 
subsection (i). 
‘‘(f) GUIDELINES FOR COMPLIANCE WITH LIMITA-
TIONS.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney 
General, in consultation with the Director of Na-
tional Intelligence, shall adopt guidelines to ensure— 
‘‘(A) compliance with the limitations in 
subsection (b); and 
‘‘(B) that an application for a court order 
is filed as required by this Act. 
‘‘(2) SUBMISSION OF GUIDELINES.—The Attor-
ney General shall provide the guidelines adopted in 
accordance with paragraph (1) to— 
‘‘(A) the congressional intelligence commit-
tees; 
‘‘(B) the Committees on the Judiciary of 
the Senate and the House of Representatives; 
and 
‘‘(C) the Foreign Intelligence Surveillance 
Court. 
‘‘(g) CERTIFICATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Subject to subpara-
graph (B), prior to the implementation of an 
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authorization under subsection (a), the Attor-
ney General and the Director of National Intel-
ligence shall provide to the Foreign Intelligence 
Surveillance Court a written certification and 
any supporting affidavit, under oath and under 
seal, in accordance with this subsection. 
‘‘(B) EXCEPTION.—If the Attorney Gen-
eral and the Director of National Intelligence 
make a determination under subsection (c)(2) 
and time does not permit the submission of a 
certification under this subsection prior to the 
implementation of an authorization under sub-
section (a), the Attorney General and the Direc-
tor of National Intelligence shall submit to the 
Court a certification for such authorization as 
soon as practicable but in no event later than 
7 days after such determination is made. 
‘‘(2) REQUIREMENTS.—A certification made 
under this subsection shall— 
‘‘(A) attest that— 
‘‘(i) there are procedures in place that 
have been approved, have been submitted 
for approval, or will be submitted with the 
certification for approval by the Foreign 
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Intelligence Surveillance Court that are 
reasonably designed to— 
‘‘(I) ensure that an acquisition 
authorized under subsection (a) is 
limited to targeting persons reason-
ably believed to be located outside the 
United States; and 
‘‘(II) prevent the intentional ac-
quisition of any communication as to 
which the sender and all intended re-
cipients are known at the time of the 
acquisition to be located in the United 
States; 
‘‘(ii) the minimization procedures to 
be used with respect to such acquisition— 
‘‘(I) meet the definition of mini-
mization procedures under section 
101(h) or 301(4), as appropriate; and 
‘‘(II) have been approved, have 
been submitted for approval, or will be 
submitted with the certification for 
approval by the Foreign Intelligence 
Surveillance Court; 
‘‘(iii) guidelines have been adopted in 
accordance with subsection (f) to ensure 
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