‘‘(2) TIMING.—A person moving to suppress evidence 
under paragraph (1) shall make the motion to suppress 
the evidence before the trial, hearing, or other proceeding 
unless there was no opportunity to make such a motion 
or the person was not aware of the grounds of the motion. 
‘‘(n) REVIEW OF MOTIONS.—If a court or other au-
thority is notified pursuant to subsection (k) or (l), a mo-
tion is made pursuant to subsection (m), or a motion or 
request is made by an aggrieved person pursuant to any 
other statute or rule of the United States or any State 
before any court or other authority of the United States 
or any State—
‘‘(1) to discover or obtain an Attorney General 
directive or other materials relating to an electronic 
surveillance authorized pursuant to section 102 or 
an acquisition authorized pursuant to section 102A, 
or 
‘‘(2) to discover, obtain, or suppress evidence or 
information obtained or derived from an electronic 
surveillance authorized pursuant to section 102 or 
an acquisition authorized pursuant to section 102A, 
the United States district court or, where the motion is 
made before another authority, the United States district 
court in the same district as the authority, shall, notwith-
standing any other law, if the Attorney General files an
affidavit under oath that disclosure or an adversary hear-
ing would harm the national security of the United States, 
review in camera and ex parte the application, order, and 
such other materials relating to such electronic surveil-
lance or such acquisition as may be necessary to determine 
whether such electronic surveillance or such acquisition 
authorized under this section was lawfully authorized and 
conducted. In making this determination, the court may 
disclose to the aggrieved person, under appropriate secu-
rity procedures and protective orders, portions of the di-
rective or other materials relating to the acquisition only 
where such disclosure is necessary to make an accurate 
determination of the legality of the acquisition. 
‘‘(o) DETERMINATIONS.—If, pursuant to subsection 
(n), a United States district court determines that the ac-
quisition authorized under this section was not lawfully 
authorized or conducted, it shall, in accordance with the 
requirements of law, suppress the evidence which was un-
lawfully obtained or derived or otherwise grant the motion 
of the aggrieved person. If the court determines that such 
acquisition was lawfully authorized and conducted, it shall 
deny the motion of the aggrieved person except to the ex-
tent that due process requires discovery or disclosure. 
‘‘(p) BINDING ORDERS.—Orders granting motions or 
requests under subsection (m), decisions under this section
that an electronic surveillance or an acquisition was not 
lawfully authorized or conducted, and orders of the United 
States district court requiring review or granting disclo-
sure of directives, orders, or other materials relating to 
such acquisition shall be final orders and binding upon 
all courts of the United States and the several States ex-
cept a United States court of appeals and the Supreme 
Court. 
‘‘(q) COORDINATION.—(1) IN GENERAL.—Federal 
officers who acquire foreign intelligence information may 
consult with Federal law enforcement officers or law en-
forcement personnel of a State or political subdivision of 
a State, including the chief executive officer of that State 
or political subdivision who has the authority to appoint 
or direct the chief law enforcement officer of that State 
or political subdivision, to coordinate efforts to investigate 
or protect against—
‘‘(A) actual or potential attack or other grave 
hostile acts of a foreign power or an agent of a for-
eign power; 
‘‘(B) sabotage, international terrorism, or the 
development or proliferation of weapons of mass de-
struction by a foreign power or an agent of a foreign 
power; or
‘‘(C) clandestine intelligence activities by an in-
telligence service or network of a foreign power or by 
an agent of a foreign power. 
‘‘(2) CERTIFICATION REQUIRED.—Coordination au-
thorized under paragraph (1) shall not preclude the cer-
tification required by section 102(a) or 102A(a). 
‘‘(r) RETENTION OF DIRECTIVES AND ORDERS.—A 
directive made or an order granted under this section shall 
be retained for a period of not less than 10 years from 
the date on which such directive or such order is made.’’. 
(b) 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 in-
serting after the item relating to section 102 the following:
‘‘102A. Authorization for acquisition of foreign intelligence information. 
‘‘102B. Directives relating to electronic surveillance and other acquisitions of 
foreign intelligence information.’’.
SEC. 4. JURISDICTION OF FISA COURT. 
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) Applications for a court order under this title 
are authorized if the President has, by written authoriza-
tion, empowered the Attorney General to approve applica-
tions to the court having jurisdiction under this section, 
and a judge to whom an application is made may, notwith-
standing any other law, grant an order, in conformity with
section 105, approving electronic surveillance of a foreign 
power or an agent of a foreign power for the purpose of 
obtaining foreign intelligence information.’’. 
SEC. 5. APPLICATIONS FOR COURT ORDERS. 
Section 104 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1804) is amended—
(1) in subsection (a)—
(A) in paragraph (6), by striking ‘‘detailed 
description’’ and inserting ‘‘summary descrip-
tion’’; 
(B) in paragraph (7)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘or officials des-
ignated’’ and all that follows through ‘‘con-
sent of the Senate’’ and inserting ‘‘des-
ignated by the President to authorize elec-
tronic surveillance for foreign intelligence 
purposes’’; 
(ii) in subparagraph (C), by striking 
‘‘techniques;’’ and inserting ‘‘techniques; 
and’’; 
(iii) by striking subparagraph (D); 
and 
(iv) by redesignating subparagraph 
(E) as subparagraph (D);
(C) in paragraph (8), by striking ‘‘a state-
ment of the means’’ and inserting ‘‘a summary 
statement of the means’’; 
(D) in paragraph (9)—
(i) by striking ‘‘a statement’’ and in-
serting ‘‘a summary statement’’; and 
(ii) by striking ‘‘application;’’ and in-
serting ‘‘application; and’’; 
(E) in paragraph (10), by striking ‘‘there-
after; and’’ and inserting ‘‘thereafter.’’; and 
(F) by striking paragraph (11). 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) through (e) 
as subsections (b) through (d), respectively; and 
(4) in paragraph (1)(A) of subsection (d), as re-
designated by paragraph (3), by striking ‘‘or the Di-
rector of National Intelligence’’ and inserting ‘‘the 
Director of National Intelligence, or the Director of 
the Central Intelligence Agency’’. 
SEC. 6. ISSUANCE OF AN ORDER. 
Section 105 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1805) is amended—
(1) in subsection (a)—
(A) by striking paragraph (1); and
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; 
(2) in subsection (c)(1)—
(A) in subparagraph (D), by striking ‘‘sur-
veillance;’’ and inserting ‘‘surveillance; and’’; 
(B) in subparagraph (E), by striking ‘‘ap-
proved; and’’ and inserting ‘‘approved.’’; and 
(C) by striking subparagraph (F); 
(3) by striking subsection (d); 
(4) by redesignating subsections (e) through (i) 
as subsections (d) through (h), respectively; 
(5) in subsection (d), as redesignated by para-
graph (4), by amending paragraph (2) to read as 
follows: 
‘‘(2) Extensions of an order issued under this title 
may be granted on the same basis as an original order 
upon an application for an extension and new findings 
made in the same manner as required for an original order 
and may be for a period not to exceed one year.’’; 
(6) in subsection (e), as redesignated by para-
graph (4), to read as follows: 
‘‘(e) Notwithstanding any other provision of this title, 
the Attorney General may authorize the emergency em-
ployment of electronic surveillance if the Attorney Gen-
eral—
‘‘(1) determines that an emergency situation ex-
ists with respect to the employment of electronic 
surveillance to obtain foreign intelligence informa-
tion before an order authorizing such surveillance 
can with due diligence be obtained; 
‘‘(2) determines that the factual basis for 
issuance of an order under this title to approve such 
electronic surveillance exists; 
‘‘(3) informs a judge having jurisdiction under 
section 103 at the time of such authorization that 
the decision has been made to employ emergency 
electronic surveillance; and 
‘‘(4) makes an application in accordance with 
this title to a judge having jurisdiction under section 
103 as soon as practicable, but not more than 168 
hours after the Attorney General authorizes such 
surveillance. 
If the Attorney General authorizes such emergency em-
ployment of electronic surveillance, the Attorney General 
shall require that the minimization procedures required by 
this title for the issuance of a judicial order be followed. 
In the absence of a judicial order approving such electronic 
surveillance, the surveillance shall terminate when the in-
formation sought is obtained, when the application for the 
order is denied, or after the expiration of 168 hours from 
the time of authorization by the Attorney General, which-
ever is earliest. In the event that such application for ap-
proval is denied, or in any other case where the electronic 
surveillance is terminated and no order is issued approving 
the surveillance, no information obtained or evidence de-
rived from such surveillance 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 surveillance shall 
subsequently be used or disclosed in any other manner 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. A denial of the application 
made under this subsection may be reviewed as provided 
in section 103.’’; 
(7) in subsection (h), as redesignated by para-
graph (4)—
(A) by striking ‘‘a wire or’’ and inserting 
‘‘an’’; and
(B) by striking ‘‘physical search’’ and in-
serting ‘‘physical search or in response to a cer-
tification by the Attorney General or a designee 
of the Attorney General seeking information, 
facilities, or technical assistance from such per-
son under section 102B’’; and 
(8) by adding at the end the following new sub-
section: 
‘‘(i) In any case in which the Government makes an 
application to a judge under this title to conduct electronic 
surveillance involving communications and the judge 
grants such application, the judge shall also authorize the 
installation and use of pen registers and trap and trace 
devices to acquire dialing, routing, addressing, and sig-
naling information related to such communications and 
such dialing, routing, addressing, and signaling informa-
tion shall not be subject to minimization procedures.’’. 
SEC. 7. USE OF INFORMATION. 
Section 106(i) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1806(i)) is amended—
(1) by striking ‘‘radio communication’’ and in-
serting ‘‘communication’’; and 
(2) by striking ‘‘contents indicates’’ and insert-
ing ‘‘contents contain significant foreign intelligence 
information or indicate’’.
SEC. 8. CONGRESSIONAL OVERSIGHT. 
(a) ELECTRONIC SURVEILLANCE UNDER FISA.—
Section 108 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1808) is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) the authority under which the elec-
tronic surveillance is conducted.’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) On a semiannual basis, the Attorney General ad-
ditionally shall fully inform the Permanent Select Com-
mittee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate on elec-
tronic surveillance conducted without a court order.’’. 
(b) INTELLIGENCE ACTIVITIES.—The National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) is amended—
(1) in section 501 (50 U.S.C. 413)—
(A) by redesignating subsection (f) as sub-
section (g); and
(B) by inserting after subsection (e) the 
following new subsection: 
‘‘(f) The Chair of each of the congressional intel-
ligence committees, in consultation with the ranking mem-
ber of the committee for which the person is Chair, may 
inform—
‘‘(1) on a bipartisan basis, all members or any 
individual members of such committee, and 
‘‘(2) any essential staff of such committee, 
of a report submitted under subsection (a)(1) or sub-
section (b) as such Chair considers necessary.’’; 
(2) in section 502 (50 U.S.C. 414), by adding 
at the end the following new subsection: 
‘‘(d) INFORMING OF COMMITTEE MEMBERS.—The 
Chair of each of the congressional intelligence committees, 
in consultation with the ranking member of the committee 
for which the person is Chair, may inform—
‘‘(1) on a bipartisan basis, all members or any 
individual members of such committee, and 
‘‘(2) any essential staff of such committee, 
of a report submitted under subsection (a) as such Chair 
considers necessary.’’; and 
(3) in section 503 (50 U.S.C. 415), by adding 
at the end the following new subsection:
‘‘(g) The Chair of each of the congressional intel-
ligence committees, in consultation with the ranking mem-
ber of the committee for which the person is Chair, may 
inform—
‘‘(1) on a bipartisan basis, all members or any 
individual members of such committee, and 
‘‘(2) any essential staff of such committee, 
of a report submitted under subsection (b), (c), or (d) as 
such Chair considers necessary.’’. 
SEC. 9. INTERNATIONAL MOVEMENT OF TARGETS. 
(a) ELECTRONIC SURVEILLANCE.—Section 105(d) of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805(d)), as redesignated by section 6(4), is 
amended by adding at the end the following new para-
graph: 
‘‘(4) An order issued under this section shall remain 
in force during the authorized period of surveillance not-
withstanding the absence of the target from the United 
States, unless the Government files a motion to extinguish 
the order and the court grants the motion.’’. 
(b) PHYSICAL SEARCH.—Section 304(d) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1824(d)) is amended by adding at the end the following 
new paragraph:
‘‘(4) An order issued under this section shall re-
main in force during the authorized period of sur-
veillance notwithstanding the absence of the target 
from the United States, unless the Government files 
a motion to extinguish the order and the court 
grants the motion.’’. 
SEC. 
10. 
COMPLIANCE 
WITH 
COURT 
ORDERS 
AND 
ANTITERRORISM PROGRAMS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, and in addition to the immunities, privileges, 
and defenses provided by any other provision of law, no 
action, claim, or proceeding shall lie or be maintained in 
any court, and no penalty, sanction, or other form of rem-
edy or relief shall be imposed by any court or any other 
body, against any person for an activity arising from or 
relating to the provision to an element of the intelligence 
community of any information (including records or other 
information pertaining to a customer), facilities, or assist-
ance during the period of time beginning on September 
11, 2001, and ending on the date that is 60 days after 
the date of the enactment of this Act, in connection with 
any alleged communications intelligence program that the 
Attorney General or a designee of the Attorney General 
certifies, in a manner consistent with the protection of 
State secrets, is, was, or would be intended to protect the
United States from a terrorist attack. This section shall 
apply to all actions, claims, or proceedings pending on or 
after the effective date of this Act. 
(b) JURISDICTION.—Any action, claim, or proceeding 
described in subsection (a) that is brought in a State court 
shall be deemed to arise under the Constitution and laws 
of the United States and shall be removable pursuant to 
section 1441 of title 28, United States Code. 
(c) DEFINITIONS.—In this section: 
(1) 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)). 
(2) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 2510(6) of title 
18, United States Code. 
SEC. 11. REPORT ON MINIMIZATION PROCEDURES. 
(a) REPORT.—Not later than two years after the date 
of the enactment of this Act, and annually thereafter until 
December 31, 2009, the Director of the National Security 
Agency, in consultation with the Director of National In-
telligence and the Attorney General, shall submit to the 
Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intel-
ligence of the Senate a report on the effectiveness and use
of minimization procedures applied to information con-
cerning United States persons acquired during the course 
of a communications activity conducted by the National 
Security Agency. 
(b) REQUIREMENTS.—A report submitted under sub-
section (a) shall include—
(1) a description of the implementation, during 
the course of communications intelligence activities 
conducted by the National Security Agency, of pro-
cedures established to minimize the acquisition, re-
tention, and dissemination of nonpublicly available 
information concerning United States persons; 
(2) the number of significant violations, if any, 
of such minimization procedures during the 18 
months following the effective date of this Act; and 
(3) summary descriptions of such violations. 
(c) RETENTION OF INFORMATION.—Information con-
cerning United States persons shall not be retained solely 
for the purpose of complying with the reporting require-
ments of this section. 
SEC. 12. AUTHORIZATION AFTER AN ARMED ATTACK. 
(a) ELECTRONIC SURVEILLANCE.—Section 111 of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1811) is amended by striking ‘‘for a period not 
to exceed’’ and all that follows and inserting the following:
‘‘for a period not to exceed 90 days following an armed 
attack against the territory of the United States if the 
President submits to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate notification 
of the authorization under this section.’’. 
(b) PHYSICAL SEARCH.—Section 309 of such Act (50 
U.S.C. 1829) is amended by striking ‘‘for a period not 
to exceed’’ and all that follows and inserting the following: 
‘‘for a period not to exceed 90 days following an armed 
attack against the territory of the United States if the 
President submits to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate notification 
of the authorization under this section.’’. 
SEC. 13. AUTHORIZATION OF ELECTRONIC SURVEILLANCE 
AFTER A TERRORIST ATTACK. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is further amended—
(1) by adding at the end of title I the following 
new section: 
‘‘AUTHORIZATION FOLLOWING A TERRORIST ATTACK 
UPON THE UNITED STATES 
‘‘SEC. 112. (a) IN GENERAL.—Notwithstanding any 
other provision of law, but subject to the provisions of this 
section, the President, acting through the Attorney Gen-
eral, may authorize electronic surveillance without an 
order under this title to acquire foreign intelligence infor-
mation for a period not to exceed 90 days following a ter-
rorist attack against the United States if the President 
submits a notification to the congressional intelligence 
committees and a judge having jurisdiction under section 
103 that—
‘‘(1) the United States has been the subject of 
a terrorist attack; and 
‘‘(2) identifies the terrorist organizations or af-
filiates of terrorist organizations believed to be re-
sponsible for the terrorist attack. 
‘‘(b) SUBSEQUENT CERTIFICATIONS.—At the end of 
the 90-day period described in subsection (a), and every 
90 days thereafter, the President may submit a subse-
quent certification to the congressional intelligence com-
mittees and a judge having jurisdiction under section 103 
that the circumstances of the terrorist attack for which 
the President submitted a certification under subsection 
(a) require the President to continue the authorization of 
electronic surveillance under this section for an additional 
90 days. The President shall be authorized to conduct 
electronic surveillance under this section for an additional 
90 days after each such subsequent certification.
‘‘(c) ELECTRONIC
SURVEILLANCE
OF
INDIVID-
UALS.—The President, or an official designated by the 
President to authorize electronic surveillance, may only 
conduct electronic surveillance of a person under this sec-
tion if the President or such official determines that—
‘‘(1) there is a reasonable belief that such per-
son is communicating with a terrorist organization 
or an affiliate of a terrorist organization that is rea-
sonably believed to be responsible for the terrorist 
attack; and 
‘‘(2) the information obtained from the elec-
tronic surveillance may be foreign intelligence infor-
mation. 
‘‘(d) MINIMIZATION PROCEDURES.—The President 
may not authorize electronic surveillance under this sec-
tion until the Attorney General approves minimization 
procedures for electronic surveillance conducted under this 
section. 
‘‘(e) UNITED STATES PERSONS.—Notwithstanding 
subsection (a) or (b), the President may not authorize 
electronic surveillance of a United States person under 
this section without an order under this title for a period 
of more than 60 days unless the President, acting through 
the Attorney General, submits a certification to the con-
gressional intelligence committees that—
‘‘(1) the continued electronic surveillance of the 
United States person is vital to the national security 
of the United States; 
‘‘(2) describes the circumstances that have pre-
vented the Attorney General from obtaining an order 
under this title for continued surveillance; 
‘‘(3) describes the reasons for believing the 
United States person is affiliated with or in commu-
nication with a terrorist organization or affiliate of 
a terrorist organization that is reasonably believed to 
be responsible for the terrorist attack; and 
‘‘(4) describes the foreign intelligence informa-
tion derived from the electronic surveillance con-
ducted under this section. 
‘‘(f) USE OF INFORMATION.—Information obtained 
pursuant to electronic surveillance under this subsection 
may be used to obtain an order authorizing subsequent 
electronic surveillance under this title. 
‘‘(g) REPORTS.—Not later than 14 days after the 
date on which the President submits a certification under 
subsection (a), and every 30 days thereafter until the 
President ceases to authorize electronic surveillance under 
subsection (a) or (b), the President shall submit to the 
congressional intelligence committees a report on the elec-
tronic surveillance conducted under this section, includ-
ing—
‘‘(1) a description of each target of electronic 
surveillance under this section; and 
‘‘(2) the basis for believing that each target is 
in communication with a terrorist organization or an 
affiliate of a terrorist organization. 
‘‘(h) CONGRESSIONAL INTELLIGENCE COMMITTEES 
DEFINED.—In this section, the term ‘congressional intel-
ligence committees’ means the Permanent Select Com-
mittee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate.’’; and 
(2) in the table of contents in the first section, 
by inserting after the item relating to section 111 
the following new item:
‘‘Sec. 112. Authorization following a terrorist attack upon the United States.’’.
SEC. 14. AUTHORIZATION OF ELECTRONIC SURVEILLANCE 
DUE TO IMMINENT THREAT. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is further amended—
(1) by adding at the end of title I the following 
new section: 
‘‘AUTHORIZATION DUE TO IMMINENT THREAT 
‘‘SEC. 113. (a) IN GENERAL.—Notwithstanding any 
other provision of law, but subject to the provisions of this 
section, the President, acting through the Attorney Gen-
eral, may authorize electronic surveillance without an 
order under this title to acquire foreign intelligence infor-
mation for a period not to exceed 90 days if the President 
submits to the congressional leadership, the congressional 
intelligence committees, and the Foreign Intelligence Sur-
veillance Court a written notification that the President 
has determined that there exists an imminent threat of 
attack likely to cause death, serious injury, or substantial 
economic damage to the United States. Such notifica-
tion—
‘‘(1) shall be submitted as soon as practicable, 
but in no case later than 5 days after the date on 
which the President authorizes electronic surveil-
lance under this section; 
‘‘(2) shall specify the entity responsible for the 
threat and any affiliates of the entity; 
‘‘(3) shall state the reason to believe that the 
threat of imminent attack exists; 
‘‘(4) shall state the reason the President needs 
broader authority to conduct electronic surveillance 
in the United States as a result of the threat of im-
minent attack; 
‘‘(5) shall include a description of the foreign 
intelligence information that will be collected and the
means that will be used to collect such foreign intel-
ligence information; and 
‘‘(6) may be submitted in classified form. 
‘‘(b) SUBSEQUENT CERTIFICATIONS.—At the end of 
the 90-day period described in subsection (a), and every 
90 days thereafter, the President may submit a subse-
quent written notification to the congressional leadership, 
the congressional intelligence committees, the other rel-
evant committees, and the Foreign Intelligence Surveil-
lance Court that the circumstances of the threat for which 
the President submitted a written notification under sub-
section (a) require the President to continue the author-
ization of electronic surveillance under this section for an 
additional 90 days. The President shall be authorized to 
conduct electronic surveillance under this section for an 
additional 90 days after each such subsequent written no-
tification. 
‘‘(c) ELECTRONIC
SURVEILLANCE
OF
INDIVID-
UALS.—The President, or an official designated by the 
President to authorize electronic surveillance, may only 
conduct electronic surveillance of a person under this sec-
tion if the President or such official determines that—
‘‘(1) there is a reasonable belief that such per-
son is communicating with an entity or an affiliate
of an entity that is reasonably believed to be respon-
sible for imminent threat of attack; and 
‘‘(2) the information obtained from the elec-
tronic surveillance may be foreign intelligence infor-
mation. 
‘‘(d) MINIMIZATION PROCEDURES.—The President 
may not authorize electronic surveillance under this sec-
tion until the Attorney General approves minimization 
procedures for electronic surveillance conducted under this 
section. 
‘‘(e) UNITED STATES PERSONS.—Notwithstanding 
subsections (a) and (b), the President may not authorize 
electronic surveillance of a United States person under 
this section without an order under this title for a period 
of more than 60 days unless the President, acting through 
the Attorney General, submits a certification to the con-
gressional intelligence committees that—
‘‘(1) the continued electronic surveillance of the 
United States person is vital to the national security 
of the United States; 
‘‘(2) describes the circumstances that have pre-
vented the Attorney General from obtaining an order 
under this title for continued surveillance; 
‘‘(3) describes the reasons for believing the 
United States person is affiliated with or in commu-
nication with an entity or an affiliate of an entity 
that is reasonably believed to be responsible for im-
minent threat of attack; and 
‘‘(4) describes the foreign intelligence informa-
tion derived from the electronic surveillance con-
ducted under this section. 
‘‘(f) USE OF INFORMATION.—Information obtained 
pursuant to electronic surveillance under this subsection 
may be used to obtain an order authorizing subsequent 
electronic surveillance under this title. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) CONGRESSIONAL INTELLIGENCE COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ means the Permanent Select Committee on In-
telligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate. 
‘‘(2) CONGRESSIONAL LEADERSHIP.—The term 
‘congressional leadership’ means the Speaker and 
minority leader of the House of Representatives and 
the majority leader and minority leader of the Sen-
ate. 
‘‘(3) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—The term ‘Foreign Intelligence Surveillance 
Court’ means the court established under section 
103(a).
‘‘(4) OTHER
RELEVANT
COMMITTEES.—The 
term ‘other relevant committees’ means the Commit-
tees on Appropriations, the Committees on Armed 
Services, and the Committees on the Judiciary of 
the House of Representatives and the Senate.’’; and 
(2) in the table of contents in the first section, 
by inserting after the item relating to section 112, 
as added by section 13(2), the following new item:
‘‘Sec. 113. Authorization due to imminent threat.’’.
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is further amended—
(1) in section 105(a)(4), as redesignated by sec-
tion 6(1)(B)—
(A) by striking ‘‘104(a)(7)(E)’’ and insert-
ing ‘‘104(a)(7)(D)’’; and 
(B) by striking ‘‘104(d)’’ and inserting 
‘‘104(c)’’; 
(2) in section 106(j), in the matter preceding 
paragraph (1), by striking ‘‘105(e)’’ and inserting 
‘‘105(d)’’; and
(3) 
in 
section 
108(a)(2)(C), 
by 
striking 
‘‘105(f)’’ and inserting ‘‘105(e)’’. 
Passed the House of Representatives September 28, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 5825
AN ACT 
To update the Foreign Intelligence Surveillance Act 
of 1978.