(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—CONSTRUCTION OF FOREIGN INTELLIGENCE 
SURVEILLANCE AUTHORITY 
Sec. 101. Reiteration of chapters 119 and 121 of title 18, United States Code, 
and Foreign Intelligence Surveillance Act of 1978 as exclusive 
means by which domestic electronic surveillance may be con-
ducted. 
Sec. 102. Information for Congress on the terrorist surveillance program and 
similar programs. 
TITLE II—APPLICATIONS AND PROCEDURES FOR ELECTRONIC 
SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES 
Sec. 201. Extension of period for applications for orders for emergency elec-
tronic surveillance and physical search. 
Sec. 202. Foreign Intelligence Surveillance Court matters. 
Sec. 203. Document management system for applications for orders approving 
electronic surveillance. 
Sec. 204. Additional personnel for preparation and consideration of applications 
for orders approving electronic surveillance and physical 
search. 
Sec. 205. Training of intelligence community personnel in foreign intelligence 
collection matters. 
Sec. 206. Enhancement of electronic surveillance authority in wartime and 
other collection. 
TITLE III—CLARIFICATIONS TO THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978 
Sec. 301. Repeal of Protect America Act. 
Sec. 302. Acquisition of foreign-to-foreign communications. 
TITLE IV—OTHER MATTERS 
Sec. 401. Authorization of appropriations. 
Sec. 402. Effective date. 
Sec. 403. Sunset. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence com-
mittees’’ means— 
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(A) the Select Committee on Intelligence of 
the Senate; and 
(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
(2) ELECTRONIC
SURVEILLANCE.—The term 
‘‘electronic surveillance’’ has the meaning given such 
term in section 101(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(f)). 
(3) PHYSICAL
SEARCH.—The term ‘‘physical 
search’’ has the meaning given such term in section 
301(5) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1821(5)). 
(4) PEN REGISTER AND TRAP AND TRACE DE-
VICE.—The terms ‘‘pen register’’ and ‘‘trap and 
trace device’’ have the meaning given such terms in 
section 3127 of Title 18. 
(5) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—The term ‘‘Foreign Intelligence Surveil-
lance Court’’ means the court established by section 
103(a) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803(a)). 
(6) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ has the meaning given such 
term in section 101(i) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(i)). 
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TITLE 
I—CONSTRUCTION 
OF 
FOREIGN 
INTELLIGENCE 
SURVEILLANCE AUTHORITY 
SEC. 101. REITERATION OF CHAPTERS 119 AND 121 OF 
TITLE 18, UNITED STATES CODE, AND FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT OF 
1978 AS EXCLUSIVE MEANS BY WHICH DOMES-
TIC ELECTRONIC SURVEILLANCE MAY BE 
CONDUCTED. 
(a) EXCLUSIVE MEANS.—Section 2511(2)(f) of Title 
18, United States Code, is amended by striking ‘‘and pro-
cedures in this chapter’’ and all that follows, and inserting 
‘‘and procedures in this chapter, chapters 121 and 206 
of this title, and the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive 
means by which electronic surveillance, as defined in sec-
tion 101 of such Act, the interception of domestic wire, 
oral, and electronic communications, the accessing of 
stored electronic communications, and the installation and 
use of pen registers and trap and trace devices may be 
conducted.’’. 
(b) AMENDMENT TO FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978.—Section 109(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) 
is amended by striking ‘‘authorized by statute’’ each place 
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it appears and inserting ‘‘authorized by titles I or IV of 
the Foreign Intelligence Surveillance Act (50 U.S.C. 
1801–1811 and 1841–1846), or chapters 119, 121, or 206 
of title 18, United States Code,’’ and section 307(a) of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1827(a)) is amended by striking ‘‘as authorized by 
statute’’ and inserting ‘‘as authorized by title III of the 
Foreign Intelligence Surveillance Act (50 U.S.C. 1821– 
1829) or Rule 41 of the Federal Rules of Criminal Proce-
dure or any other warrant issued by a court of competent 
jurisdiction’’. 
(c) AMENDMENT
TO TITLE 18, UNITED STATES 
CODE.—Section 2511(2)(a)(ii)(B) of title 18, United 
States Code, is amended by striking ‘‘statutory require-
ments’’ and inserting ‘‘requirements under titles I and IV 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), this chapter, or chapter 121 or 206 
of this title’’. 
SEC. 102. INFORMATION FOR CONGRESS ON THE TER-
RORIST SURVEILLANCE PROGRAM AND SIMI-
LAR PROGRAMS. 
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 con-
gressional intelligence committees on the following: 
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(1) The Terrorist Surveillance Program of the 
National Security Agency. 
(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. 
TITLE 
II—APPLICATIONS 
AND 
PROCEDURES 
FOR 
ELEC-
TRONIC SURVEILLANCE FOR 
FOREIGN 
INTELLIGENCE 
PURPOSES 
SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR 
ORDERS FOR EMERGENCY ELECTRONIC SUR-
VEILLANCE AND PHYSICAL SEARCH. 
Sections 105(f) and 304(e) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1805(f) and 
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1824(e)) are amended by striking ‘‘72 hours’’ both places 
it appears in each of those sections and inserting ‘‘7 
days’’. 
SEC. 202. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
MATTERS. 
(a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 
103(a) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1803(a)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) in paragraph (1), as so designated, by delet-
ing ‘‘11’’ and replacing it with ‘‘15’’ and inserting 
‘‘at least’’ before ‘‘seven of the United States judi-
cial circuits’’; and 
(3) by designating the second sentence as para-
graph (3) and indenting such paragraph, as so des-
ignated, two ems from the left margin. 
(b) CONSIDERATION
OF
EMERGENCY
APPLICA-
TIONS.—Such section is further amended by inserting 
after paragraph (2), as added by subsection (a)(4) of this 
section, the following new paragraph: 
‘‘(2) A judge of the court shall make a determination 
to approve, deny, or modify an application submitted pur-
suant to subsection (f) of section 105, subsection (e) of 
section 304, or section 403 not later than 24 hours after 
the receipt of such application by the court.’’. 
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and related matters with the court and for their se-
cure transmission to the National Archives and 
Records Administration. 
SEC. 204. ADDITIONAL PERSONNEL FOR PREPARATION 
AND CONSIDERATION OF APPLICATIONS FOR 
ORDERS APPROVING ELECTRONIC SURVEIL-
LANCE AND PHYSICAL SEARCH. 
(a) OFFICE OF INTELLIGENCE, NATIONAL SECURITY 
DIVISION.— 
(1) ADDITIONAL
PERSONNEL.—The Office of 
Intelligence, National Security Division of the De-
partment of Justice is hereby authorized such addi-
tional personnel as may be necessary to carry out 
the prompt and timely preparation, modification, 
and review of applications under Foreign Intel-
ligence Surveillance Act of 1978 for orders under 
that Act for foreign intelligence purposes. 
(2) ASSIGNMENT.—The Attorney General shall 
assign personnel authorized by paragraph (1) to and 
among appropriate offices of the United States In-
telligence Community in order that such personnel 
may directly assist personnel of the Intelligence 
Community in preparing applications described in 
that paragraph and conduct prompt and effective 
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oversight of the activities of such agencies under 
Foreign Intelligence Surveillance Court orders. 
(b) DIRECTOR OF NATIONAL INTELLIGENCE.— 
(1) ADDITIONAL
LEGAL
AND
OTHER
PER-
SONNEL.—The Director of National Intelligence is 
hereby authorized such additional legal and other 
personnel as may be necessary to carry out the 
prompt and timely preparation of applications under 
the Foreign Intelligence Surveillance Act of 1978 for 
orders under that Act approving electronic surveil-
lance for foreign intelligence purposes. 
(2) ASSIGNMENT.—The Director of National 
Intelligence shall assign personnel authorized by 
paragraph (1) to and among the agencies of the 
United States Intelligence Community, including the 
field offices of the Federal Bureau of Investigation, 
in order that such personnel may directly assist per-
sonnel of the Intelligence Community in preparing 
applications described in that paragraph. 
(c) ADDITIONAL LEGAL AND OTHER PERSONNEL 
FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 
There is hereby authorized for the Foreign Intelligence 
Surveillance Court such additional staff personnel as may 
be necessary to facilitate the prompt and timely consider-
ation by that Court of applications under the Foreign In-
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telligence Surveillance Act of 1978 for orders under that 
Act approving electronic surveillance for foreign intel-
ligence purposes. Personnel authorized by this paragraph 
shall perform such duties relating to the consideration of 
such applications as that Court shall direct. 
(d) SUPPLEMENT NOT SUPPLANT.—The personnel 
authorized by this section are in addition to any other per-
sonnel authorized by law. 
SEC. 205. TRAINING OF INTELLIGENCE COMMUNITY PER-
SONNEL IN FOREIGN INTELLIGENCE COL-
LECTION MATTERS. 
The Director of National Intelligence shall, in con-
sultation with the Attorney General— 
(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. 
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SEC. 206. ENHANCEMENT OF ELECTRONIC SURVEILLANCE 
AUTHORITY IN WARTIME AND OTHER COL-
LECTION. 
Sections 111, 309, and 404 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1811, 1829, 
and 1844) are amended by striking ‘‘Congress’’ and in-
serting ‘‘Congress or an authorization for the use of mili-
tary force described in section 2(c)(2) of the War Powers 
Resolution (50 U.S.C. 1541(c)(2)) if such authorization 
contains a specific authorization for foreign intelligence 
collection under this section, or if the Congress is unable 
to convene because of an attack upon the United States.’’. 
TITLE III—CLARIFICATIONS TO 
THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978 
SEC. 301. REPEAL OF PROTECT AMERICA ACT. 
(a) IN GENERAL.—The Protect America Act (Public 
Law 110–55) is hereby repealed. 
(b) CONFORMING AMENDMENTS.—The Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended— 
(1) in the table of contents in the first section, 
by striking the items relating to sections 105A, 
105B, and 105C; 
(2) in section 103(e)— 
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(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘105B(h) 
or 
501(f)(1)’’ 
and 
inserting 
‘‘501(f)(1)’’; and 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘105B(h) 
or 
501(f)(1)’’ 
and 
inserting 
‘‘501(f)(1)’’; and 
(3) by striking sections 105A, 105B, and 105C. 
SEC. 302. ACQUISITION OF FOREIGN-TO-FOREIGN COMMU-
NICATIONS. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is further amended— 
(1) in section 102(a)—— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by striking ‘‘; or’’ and 
inserting ‘‘;’’; 
(ii) in clause (ii), by striking ‘‘;’’ and 
inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) the acquisition of the contents of 
communications transmitted exclusively be-
tween or among persons reasonably be-
lieved to be located outside of the United 
States and not known to be United States 
persons, without respect to whether the 
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communication passes through the United 
States or the surveillance device is located 
within the United States.’’; 
(B) in paragraph (1)(B), by inserting ‘‘in 
the case of clause (A)(i) or (A)(ii),’’ before 
‘‘there is no’’; and 
(C) by adding at the end the following: 
‘‘Determinations with respect to whether or not 
a person is reasonably believed to be located 
outside the United States shall be made in ac-
cordance with guidelines promulgated by the 
Attorney General within 30 days of the enact-
ment of the Foreign Intelligence Surveillance 
Modernization Act of 2007, and said guidelines 
and the results of the acquisition of commu-
nications authorized by this Act in which the 
communications of U.S. Persons are inciden-
tally acquired, and of the implementation of all 
guidelines developed by the Attorney General 
governing said acquisition activities, shall be re-
viewed not less than quarterly by the court es-
tablished by section 103(a) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1803(a).’’; and 
(2) in section 302(a)(1)(A)— 
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