IB 
Union Calendar No. 410 
109TH CONGRESS 
2D SESSION 
H. R. 5825 
[Report No. 109–680, Parts I and II] 
To update the Foreign Intelligence Surveillance Act of 1978. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2006 
Mrs. WILSON of New Mexico (for herself, Mr. SENSENBRENNER, Mr. HOEK-
STRA, Mr. RENZI, Mrs. JOHNSON of Connecticut, Mr. EVERETT, Mr. 
THORNBERRY, Mr. ROGERS of Michigan, Mr. GALLEGLY, and Mr. ISSA) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Select Committee on Intelligence (Per-
manent Select), for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
SEPTEMBER 25, 2006 
Reported from the Permanent Select Committee on Intelligence with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 25, 2006 
Additional sponsors: Mr. RAMSTAD, Mr. SCHWARZ of Michigan, Mr. MILLER 
of Florida, and Mrs. MYRICK 
SEPTEMBER 25, 2006 
Reported from the Committee on the Judiciary with an amendment, com-
mitted to the Committee of the Whole House on the State of the Union, 
and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in boldface roman] 
[For text of introduced bill, see copy of bill as introduced on July 18, 2006] 
A BILL 
To update the Foreign Intelligence Surveillance Act of 1978. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic Surveillance 
Modernization Act’’. 
SEC. 2. FISA DEFINITIONS. 
(a) AGENT OF A FOREIGN POWER.—Subsection (b)(1) 
of section 101 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801) is amended— 
(1) in subparagraph (B), by striking ‘‘; or’’ and 
inserting ‘‘;’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) possesses or is reasonably expected to 
transmit or receive foreign intelligence informa-
tion while in the United States; or’’. 
(b) ELECTRONIC SURVEILLANCE.—Subsection (f) of 
such section is amended to read as follows: 
‘‘(f) ‘Electronic surveillance’ means— 
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‘‘(1) the installation or use of a surveillance de-
vice for the intentional collection of information relat-
ing to a person who is reasonably believed to be in 
the United States by intentionally targeting that per-
son, under circumstances in which the person has a 
reasonable expectation of privacy and a warrant 
would be required for law enforcement purposes; or 
‘‘(2) the intentional acquisition of the contents of 
any communication, without the consent of a party 
to the communication, under circumstances in which 
a person has a reasonable expectation of privacy and 
a warrant would be required for law enforcement pur-
poses, if both the sender and all intended recipients 
are located within the United States.’’. 
(c) MINIMIZATION PROCEDURES.—Subsection (h) of 
such section is amended— 
(1) in paragraph (2), by striking ‘‘importance;’’ 
and inserting ‘‘importance; and’’; 
(2) in paragraph (3), by striking ‘‘; and’’ and 
inserting ‘‘.’’; and 
(3) by striking paragraph (4). 
(d) WIRE COMMUNICATION AND SURVEILLANCE DE-
VICE.—Subsection (l) of such section is amended to read 
as follows: 
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‘‘(l) ‘Surveillance device’ is a device that allows sur-
veillance by the Federal Government, but excludes any de-
vice that extracts or analyzes information from data that 
has already been acquired by the Federal Government by 
lawful means.’’. 
(e) PHYSICAL SEARCH.—Section 301(5) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(5)) 
is amended by striking ‘‘Act, or (B)’’ and inserting ‘‘Act, 
(B) activities described in section 102(b) of this Act, or 
(C)’’. 
SEC. 3. AUTHORIZATION FOR ELECTRONIC SURVEILLANCE 
FOR FOREIGN INTELLIGENCE PURPOSES. 
Section 102 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1802) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘trans-
mitted by means of’’ and all that follows 
and inserting ‘‘of a foreign power, as de-
fined in paragraph (1), (2), or (3) of section 
101(a), or an agent of a foreign power, as 
defined in section 101(b)(1); or’’; and 
(ii) in clause (ii), by striking ‘‘or (3);’’ 
and inserting ‘‘or (3); and’’; 
(B) by striking subparagraph (B); and 
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(C) by redesignating subparagraph (C) as 
subparagraph (B); 
(2) by striking subsection (a)(4); 
(3) in subsection (b), to read as follows: 
‘‘(b)(1) The Attorney General may require, by written 
certification, any person with authorized access to electronic 
communications or equipment used to transmit or store 
electronic communications to provide information, facili-
ties, or technical assistance— 
‘‘(A) necessary to accomplish electronic surveil-
lance authorized under subsection (a); or 
‘‘(B) to an official designated by the President 
for a period of up to one year, provided the Attorney 
General certifies in writing, under oath, that the pro-
vision of the information, facilities, or technical as-
sistance does not constitute electronic surveillance. 
‘‘(2) The Attorney General may require a person pro-
viding information, facilities, or technical assistance under 
paragraph (1) to— 
‘‘(A) provide the information, facilities, or tech-
nical assistance in such a manner as will protect the 
secrecy of the provision of such information, facilities, 
or technical assistance and produce a minimum of 
interference with the services that such person is pro-
viding the customers of such person; and 
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‘‘(B) maintain under security procedures ap-
proved by the Attorney General and the Director of 
National Intelligence any records concerning such 
electronic surveillance or the information, facilities, 
or technical assistance provided which such person 
wishes to retain. 
‘‘(3) The Government shall compensate, at the pre-
vailing rate, a person for providing information, facilities, 
or technical assistance pursuant to paragraph (1).’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(c) Notwithstanding any other provision of law, the 
President may designate an official who may authorize elec-
tronic surveillance of international radio communications 
of a diplomat or diplomatic mission or post of the govern-
ment of a foreign country in the United States in accord-
ance with procedures approved by the Attorney General.’’. 
SEC. 4. 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) by striking paragraphs (6), (9), and 
(11); 
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(B) by redesignating paragraphs (7), (8), 
and (10) as paragraphs (6), (7), and (8), respec-
tively; 
(C) in paragraph (6), as redesignated by 
subparagraph (B)— 
(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 subparagraphs (D) 
and (E) and inserting the following: 
‘‘(D) including a statement of the basis for 
the certification that the information sought is 
the type of foreign intelligence information des-
ignated;’’; 
(D) in paragraph (7), as redesignated by 
subparagraph (B)— 
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(i) by striking ‘‘a statement of the 
means by which the surveillance will be ef-
fected and’’; and 
(ii) by adding ‘‘and’’ at the end; and 
(E) in paragraph (8), as redesignated by 
subparagraph (B), by striking ‘‘; and’’ and in-
serting a period; 
(2) by striking subsection (b); and 
(3) by redesignating subsections (c), (d), and (e) 
as subsections (b), (c), and (d), respectively. 
SEC. 5. 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), (3), 
(4), and (5) as paragraphs (1), (2), (3), and (4), 
respectively; 
(2) in subsection (c)(1)— 
(A) in subparagraph (B), by striking 
‘‘known;’’ and inserting ‘‘known; and’’; 
(B) by striking subparagraphs (C), (D), 
and (F); 
(C) by redesignating subparagraph (E) as 
subparagraph (C); and 
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(D) in subparagraph (C), as redesignated 
by subparagraph (C), by striking ‘‘approved; 
and’’ and inserting ‘‘approved.’’; 
(3) by striking subsection (d); 
(4) by redesignating subsections (e), (f), (g), (h), 
and (i) as subsections (d), (e), (f), (g), and (h), re-
spectively; 
(5) in subsection (d), as redesignated by para-
graph (4)— 
(A) in paragraph (1), by striking ‘‘for the 
period necessary’’ and all that follows and insert 
‘‘for a period not to exceed one year.’’; and 
(B) in paragraph (2), by striking ‘‘original 
order, except that’’ and all that follows and in-
serting ‘‘original order 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 employ-
ment of electronic surveillance if the Attorney General— 
‘‘(1) determines that an emergency situation ex-
ists with respect to the employment of electronic sur-
veillance to obtain foreign intelligence information be-
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fore 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 
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 elec-
tronic 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 120 
hours after the official authorizes such surveillance. 
If the Attorney General authorizes such emergency employ-
ment 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 sur-
veillance, the surveillance shall terminate when the infor-
mation sought is obtained, when the application for the 
order is denied, or after the expiration of 120 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 
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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, of-
fice, agency, regulatory body, legislative committee, or other 
authority of the United States, a State, or political subdivi-
sion thereof, and no information concerning any United 
States person acquired from such surveillance shall subse-
quently be used or disclosed in any other manner by Federal 
officers or employees without the consent of such person, ex-
cept with the approval of the Attorney General if the infor-
mation 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.’’; 
and 
(7) in subsection (h), as redesignated by para-
graph (4), by striking ‘‘assistance in accordance with 
a court order’’ and all that follows and inserting ‘‘as-
sistance— 
‘‘(1) in accordance with a court order or request 
for emergency assistance under this Act for electronic 
surveillance or physical search; or 
‘‘(2) in response to a certification by the Attor-
ney General or a designee of the Attorney General 
seeking information, facilities, or technical assistance 
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from such person that does not constitute electronic 
surveillance.’’. 
SEC. 6. USE OF INFORMATION. 
Section 106(i) of the Foreign Intelligence Surveillance 
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. 7. 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 pe-
riod not to exceed 60 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 Select Committee 
on Intelligence of the Senate notification of the authoriza-
tion 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 60 days following an armed attack 
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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 Select Committee 
on Intelligence of the Senate notification of the authoriza-
tion under this section.’’. 
SEC. 8. 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 General, 
may authorize electronic surveillance without an order 
under this title to acquire foreign intelligence information 
for a period not to exceed 45 days following a terrorist at-
tack 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 
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‘‘(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 
45-day period described in subsection (a), and every 45 
days thereafter, the President may submit a subsequent cer-
tification to the congressional intelligence committees and 
a judge having jurisdiction under section 103 that the cir-
cumstances of the terrorist attack for which the President 
submitted a certification under subsection (a) require the 
President to continue the authorization of electronic surveil-
lance under this section for an additional 45 days. The 
President shall be authorized to conduct electronic surveil-
lance under this section for an additional 45 days after each 
such subsequent certification. 
‘‘(c) ELECTRONIC SURVEILLANCE OF INDIVIDUALS.— 
The President, or an official designated by the President 
to authorize electronic surveillance, may only conduct elec-
tronic surveillance of a person under this section if the 
President or such official determines that— 
‘‘(1) there is a reasonable belief that such person 
is communicating with a terrorist organization or an 
affiliate of a terrorist organization that is reasonably 
believed to be responsible for the terrorist attack; and 
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‘‘(2) the information obtained from the electronic 
surveillance may be foreign intelligence information. 
‘‘(d) MINIMIZATION
PROCEDURES.—The President 
may not authorize electronic surveillance under this section 
until the Attorney General approves minimization proce-
dures for electronic surveillance conducted under this sec-
tion. 
‘‘(e) UNITED
STATES
PERSONS.—Notwithstanding 
subsection (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 
90 days unless the President, acting through the Attorney 
General, submits a certification to the congressional intel-
ligence 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 
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‘‘(4) describes the foreign intelligence informa-
tion derived from the electronic surveillance conducted 
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 elec-
tronic surveillance under this title. 
‘‘(g) REPORTS.—Not later than 14 days after the date 
on which the President submits a certification under sub-
section (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 electronic surveil-
lance conducted under this section, including— 
‘‘(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 Committee 
on Intelligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate.’’; and 
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(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. 9. 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 General, 
may authorize electronic surveillance without an order 
under this title to acquire foreign intelligence information 
for a period not to exceed 90 days if the President submits 
to the congressional leadership, the congressional intel-
ligence committees, and the Foreign Intelligence Surveil-
lance 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 eco-
nomic damage to the United States. Such notification— 
‘‘(1) shall be submitted as soon as practicable, 
but in no case later than 5 days after the date on 
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which the President authorizes electronic surveillance 
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 immi-
nent attack; 
‘‘(5) shall include a description of the foreign in-
telligence 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 subsequent 
written notification to the congressional leadership, the con-
gressional intelligence committees, the other relevant com-
mittees, and the Foreign Intelligence Surveillance Court 
that the circumstances of the threat for which the President 
submitted a written notification under subsection (a) re-
quire the President to continue the authorization of elec-
tronic surveillance under this section for an additional 90 
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days. The President shall be authorized to conduct electronic 
surveillance under this section for an additional 90 days 
after each such subsequent written notification. 
‘‘(c) ELECTRONIC SURVEILLANCE OF INDIVIDUALS.— 
The President, or an official designated by the President 
to authorize electronic surveillance, may only conduct elec-
tronic surveillance of a person under this section if the 
President or such official determines that— 
‘‘(1) there is a reasonable belief that such person 
is communicating with an entity or an affiliate of an 
entity that is reasonably believed to be responsible for 
imminent threat of attack; and 
‘‘(2) the information obtained from the electronic 
surveillance may be foreign intelligence information. 
‘‘(d) MINIMIZATION
PROCEDURES.—The President 
may not authorize electronic surveillance under this section 
until the Attorney General approves minimization proce-
dures for electronic surveillance conducted under this sec-
tion. 
‘‘(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 
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Attorney General, submits a certification to the congres-
sional 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 immi-
nent threat of attack; and 
‘‘(4) describes the foreign intelligence informa-
tion derived from the electronic surveillance conducted 
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 elec-
tronic 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 Intel-
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ligence 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 mi-
nority leader of the House of Representatives and the 
majority leader and minority leader of the Senate. 
‘‘(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 Committees 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 8(2), the following new item: 
‘‘Sec. 113. Authorization due to imminent threat.’’. 
SEC. 10. CONGRESSIONAL OVERSIGHT. 
(a) ELECTRONIC SURVEILLANCE UNDER FISA.—Sec-
tion 108(a) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1808(a)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B), by striking ‘‘and’’ 
at the end; 
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(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 adding at the end the following new para-
graph: 
‘‘(3) Each report submitted under this subsection 
shall include reports on electronic surveillance con-
ducted 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 fol-
lowing new subsection: 
‘‘(f) 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, 
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of a report submitted under subsection (a)(1) or subsection 
(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 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 (b), (c), or (d) as 
such Chair considers necessary.’’. 
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SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS. 
The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is further amended— 
(1) in section 102(a)(3)(A), by striking ‘‘sections 
101(h)(4) and’’ and inserting ‘‘section’’; 
(2) in section 105(a)(4), as redesignated by sec-
tion 5(1)(B)— 
(A) by striking ‘‘104(a)(7)(E)’’ and insert-
ing ‘‘104(a)(6)(D)’’; and 
(B) by striking ‘‘104(d)’’ and inserting 
‘‘104(c)’’; 
(3) in section 106— 
(A) in subsection (j) in the matter preceding 
paragraph (1), by striking ‘‘105(e)’’ and insert-
ing ‘‘105(d)’’; and 
(B) in subsection (k)(2), by striking 
‘‘104(a)(7)(B)’’ and inserting ‘‘104(a)(6)(B)’’; 
and 
(4) in section 108(a)(2)(C), by striking ‘‘105(f)’’ 
and inserting ‘‘105(e)’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic 
Surveillance Modernization Act’’. 
SEC. 2. FINDING. 
Congress finds that article I, section 8, 
clause 18 of the Constitution, known as the 
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‘‘necessary and proper clause’’, grants Con-
gress clear authority to regulate the Presi-
dent’s inherent power to gather foreign intel-
ligence. 
SEC. 3. FISA DEFINITIONS. 
(a) AGENT
OF
A
FOREIGN
POWER.—Sub-
section (b)(1) of section 101 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1801) is amended— 
(1) in subparagraph (B), by striking ‘‘; 
or’’ and inserting ‘‘;’’; and 
(2) by adding at the end the fol-
lowing: 
‘‘(D) is reasonably expected to 
possess, control, transmit, or receive 
foreign intelligence information while 
such person is in the United States, 
provided that the official making the 
certification 
required 
by 
section 
104(a)(7) deems such foreign intel-
ligence information to be significant; 
or’’. 
(b) 
ELECTRONIC
SURVEILLANCE.—Sub-
section (f) of such section is amended to read 
as follows: 
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‘‘(f) ‘Electronic surveillance’ means— 
‘‘(1) the installation or use of an elec-
tronic, mechanical, or other surveillance 
device for acquiring information by in-
tentionally directing surveillance at a 
particular known person who is reason-
ably believed to be in the United States 
under circumstances in which that per-
son has a reasonable expectation of pri-
vacy and a warrant would be required 
for law enforcement purposes; or 
‘‘(2) the intentional acquisition of the 
contents of any communication under 
circumstances in which a person has a 
reasonable expectation of privacy and a 
warrant would be required for law en-
forcement purposes, if both the sender 
and all intended recipients are reason-
ably believed to be located within the 
United States.’’. 
(c) CONTENTS.—Subsection (n) of such sec-
tion is amended to read as follows: 
‘‘(n) ‘Contents’, when used with respect to 
a communication, includes any information 
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concerning the substance, purport, or mean-
ing of that communication.’’. 
SEC. 4. AUTHORIZATION FOR ELECTRONIC SURVEILLANCE 
AND OTHER ACQUISITIONS FOR FOREIGN IN-
TELLIGENCE PURPOSES. 
(a) IN GENERAL.—The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is further amended by striking section 
102 and inserting the following: 
‘‘AUTHORIZATION
FOR
ELECTRONIC
SURVEIL-
LANCE
FOR
FOREIGN
INTELLIGENCE
PUR-
POSES 
‘‘SEC. 
102. 
(a) 
IN
GENERAL.—Notwith-
standing any other law, the President, acting 
through the Attorney General, may authorize 
electronic surveillance without a court order 
under this title to acquire foreign intelligence 
information for periods of up to one year if 
the Attorney General certifies in writing 
under oath that— 
‘‘(1) the electronic surveillance is di-
rected at— 
‘‘(A) the acquisition of the con-
tents of communications of foreign 
powers, as defined in paragraph (1), 
(2), or (3) of section 101(a), or an 
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agent of a foreign power, as defined 
in subparagraph (A) or (B) of section 
101(b)(1); or 
‘‘(B) the acquisition of technical 
intelligence, other than the spoken 
communications of individuals, from 
property or premises under the open 
and exclusive control of a foreign 
power, as defined in paragraph (1), 
(2), or (3) of section 101(a); and 
‘‘(2) the proposed minimization proce-
dures with respect to such surveillance 
meet the definition of minimization pro-
cedures under section 101(h); 
if the Attorney General reports such mini-
mization procedures and any changes thereto 
to the Permanent Select Committee on Intel-
ligence of the House of Representatives and 
the Select Committee on Intelligence of the 
Senate at least 30 days prior to the effective 
date of such minimization procedures, unless 
the Attorney General determines immediate 
action is required and notifies the committees 
immediately of such minimization procedures 
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and the reason for their becoming effective 
immediately. 
‘‘(b) MINIMIZATION PROCEDURES.—An elec-
tronic surveillance authorized by this sub-
section may be conducted only in accordance 
with the Attorney General’s certification and 
the minimization procedures. The Attorney 
General shall assess compliance with such 
procedures and shall report such assessments 
to the Permanent Select Committee on Intel-
ligence of the House of Representatives and 
the Select Committee on Intelligence of the 
Senate under the provisions of section 108(a). 
‘‘(c) SUBMISSION
OF
CERTIFICATION.—The 
Attorney General shall immediately transmit 
under seal to the court established under sec-
tion 103(a) a copy of his certification. Such 
certification shall be maintained under secu-
rity measures established by the Chief Justice 
with the concurrence of the Attorney General, 
in consultation with the Director of National 
Intelligence, and shall remain sealed unless— 
‘‘(1) an application for a court order with 
respect to the surveillance is made under sec-
tion 104; or 
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‘‘(2) the certification is necessary to deter-
mine the legality of the surveillance under 
section 106(f). 
‘‘AUTHORIZATION FOR ACQUISITION OF FOREIGN 
INTELLIGENCE INFORMATION 
‘‘SEC. 102A. (a) IN
GENERAL.—Notwith-
standing any other law, the President, acting 
through the Attorney General may, for peri-
ods of up to one year, authorize the acquisi-
tion of foreign intelligence information con-
cerning a person reasonably believed to be 
outside the United States if the Attorney Gen-
eral certifies in writing under oath that— 
‘‘(1) the acquisition does not con-
stitute electronic surveillance; 
‘‘(2) the acquisition involves obtaining 
the foreign intelligence information from 
or with the assistance of a wire or elec-
tronic communications service provider, 
custodian, or other person (including any 
officer, employee, agent, or other speci-
fied person of such service provider, cus-
todian, or other person) who has access 
to wire or electronic communications, ei-
ther as they are transmitted or while 
they are stored, or equipment that is 
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being or may be used to transmit or store 
such communications; 
‘‘(3) a significant purpose of the ac-
quisition is to obtain foreign intelligence 
information; and 
‘‘(4) the proposed minimization proce-
dures with respect to such acquisition ac-
tivity meet the definition of minimization 
procedures under section 101(h). 
‘‘(b) SPECIFIC PLACE NOT REQUIRED.—A cer-
tification under subsection (a) is not required 
to identify the specific facilities, places, prem-
ises, or property at which the acquisition of 
foreign intelligence information will be di-
rected. 
‘‘(c) SUBMISSION
OF
CERTIFICATION.—The 
Attorney General shall immediately transmit 
under seal to the court established under sec-
tion 103(a) a copy of a certification made 
under subsection (a). Such certification shall 
be maintained under security measures estab-
lished by the Chief Justice of the United 
States and the Attorney General, in consulta-
tion with the Director of National Intel-
ligence, and shall remain sealed unless the 
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certification is necessary to determine the le-
gality of the acquisition under section 102B. 
‘‘(d) MINIMIZATION
PROCEDURES.—An ac-
quisition under this section may be conducted 
only in accordance with the certification of 
the Attorney General and the minimization 
procedures adopted by the Attorney General. 
The Attorney General shall assess compliance 
with such procedures and shall report such 
assessments to the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives and the Select Committee on In-
telligence of the Senate under section 108(a). 
‘‘DIRECTIVES RELATING TO ELECTRONIC SURVEIL-
LANCE AND OTHER ACQUISITIONS OF FOREIGN 
INTELLIGENCE INFORMATION 
‘‘SEC. 102B. (a) DIRECTIVE.—With respect to 
an authorization of electronic surveillance 
under section 102 or an authorization of an 
acquisition under section 102A, the Attorney 
General may direct a person to— 
‘‘(1) immediately provide the Govern-
ment with all information, facilities, and 
assistance necessary to accomplish the 
acquisition of foreign intelligence infor-
mation in such a manner as will protect 
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the secrecy of the electronic surveillance 
or acquisition and produce a minimum of 
interference with the services that such 
person is providing to the target; and 
‘‘(2) maintain under security proce-
dures approved by the Attorney General 
and the Director of National Intelligence 
any records concerning the electronic 
surveillance or acquisition or the aid fur-
nished that such person wishes to main-
tain. 
‘‘(b) 
COMPENSATION.—The 
Government 
shall compensate, at the prevailing rate, a 
person for providing information, facilities, or 
assistance pursuant to subsection (a). 
‘‘(c) FAILURE TO COMPLY.—In the case of a 
failure to comply with a directive issued pur-
suant to subsection (a), the Attorney General 
may petition the court established under sec-
tion 103(a) to compel compliance with the di-
rective. The court shall issue an order requir-
ing the person or entity to comply with the di-
rective if it finds that the directive was issued 
in accordance with section 102(a) or 102A(a) 
and is otherwise lawful. Failure to obey an 
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order of the court may be punished by the 
court as contempt of court. Any process under 
this section may be served in any judicial dis-
trict in which the person or entity may be 
found. 
‘‘(d) REVIEW
OF PETITIONS.—(1) IN GEN-
ERAL.—(A) CHALLENGE.—A person receiving a 
directive issued pursuant to subsection (a) 
may challenge the legality of that directive by 
filing a petition with the pool established 
under section 103(e)(1). 
‘‘(B) ASSIGNMENT OF JUDGE.—The presiding 
judge designated pursuant to section 103(b) 
shall assign a petition filed under subpara-
graph (A) to one of the judges serving in the 
pool established by section 103(e)(1). Not later 
than 24 hours after the assignment of such pe-
tition, the assigned judge shall conduct an ini-
tial review of the directive. If the assigned 
judge determines that the petition is frivo-
lous, the assigned judge shall deny the peti-
tion and affirm the directive or any part of 
the directive that is the subject of the peti-
tion. If the assigned judge determines the pe-
tition is not frivolous, the assigned judge 
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shall, within 72 hours, consider the petition in 
accordance with the procedures established 
under section 103(e)(2) and provide a written 
statement for the record of the reasons for 
any determination under this subsection. 
‘‘(2) STANDARD OF REVIEW.—A judge consid-
ering a petition to modify or set aside a direc-
tive may grant such petition only if the judge 
finds that such directive does not meet the re-
quirements of this section or is otherwise un-
lawful. If the judge does not modify or set 
aside the directive, the judge shall affirm 
such directive, and order the recipient to 
comply with such directive. 
‘‘(3) DIRECTIVES NOT MODIFIED.—Any direc-
tive not explicitly modified or set aside under 
this subsection shall remain in full effect. 
‘‘(e) APPEALS.—The Government or a per-
son receiving a directive reviewed pursuant 
to subsection (d) may file a petition with the 
court of review established under section 
103(b) for review of the decision issued pursu-
ant to subsection (d) not later than 7 days 
after the issuance of such decision. Such 
court of review shall have jurisdiction to con-
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sider such petitions and shall provide for the 
record a written statement of the reasons for 
its decision. On petition by the Government 
or any person receiving such directive for a 
writ of certiorari, the record shall be trans-
mitted under seal to the Supreme Court, 
which shall have jurisdiction to review such 
decision. 
‘‘(f) PROCEEDINGS.—Judicial proceedings 
under this section shall be concluded as expe-
ditiously as possible. The record of pro-
ceedings, including petitions filed, orders 
granted, and statements of reasons for deci-
sion, shall be maintained under security 
measures established by the Chief Justice of 
the United States, in consultation with the At-
torney General and the Director of National 
Intelligence. 
‘‘(g) 
SEALED
PETITIONS.—All 
petitions 
under this section shall be filed under seal. In 
any proceedings under this section, the court 
shall, upon request of the Government, review 
ex parte and in camera any Government sub-
mission, or portions of a submission, which 
may include classified information. 
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‘‘(h) LIABILITY.—No cause of action shall 
lie in any court against any person for pro-
viding any information, facilities, or assist-
ance in accordance with a directive under 
this section. 
‘‘(i) USE OF INFORMATION.—Information ac-
quired pursuant to a directive by the Attor-
ney General under this section concerning 
any United States person may be used and 
disclosed by Federal officers and employees 
without the consent of the United States per-
son only in accordance with the minimization 
procedures required by section 102(a) or 
102A(a). No otherwise privileged communica-
tion obtained in accordance with, or in viola-
tion of, the provisions of this section shall lose 
its privileged character. No information from 
an electronic surveillance under section 102 
or an acquisition pursuant to section 102A 
may be used or disclosed by Federal officers 
or employees except for lawful purposes. 
‘‘(j) USE IN LAW ENFORCEMENT.—No infor-
mation acquired pursuant to this section shall 
be disclosed for law enforcement purposes 
unless such disclosure is accompanied by a 
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statement that such information, or any infor-
mation derived from such information, may 
only be used in a criminal proceeding with 
the advance authorization of the Attorney 
General. 
‘‘(k) DISCLOSURE IN TRIAL.—If the Govern-
ment intends to enter into evidence or other-
wise use or disclose in any trial, hearing, or 
other proceeding in or before any court, de-
partment, officer, agency, regulatory body, or 
other authority of the United States, against 
an aggrieved person, any information ob-
tained or derived from an electronic surveil-
lance conducted under section 102 or an ac-
quisition authorized pursuant to section 
102A, the Government shall, prior to the trial, 
hearing, or other proceeding or at a reason-
able time prior to an effort to disclose or use 
that information or submit it in evidence, no-
tify the aggrieved person and the court or 
other authority in which the information is to 
be disclosed or used that the Government in-
tends to disclose or use such information. 
‘‘(l) DISCLOSURE
IN
STATE
TRIALS.—If a 
State or political subdivision of a State in-
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tends to enter into evidence or otherwise use 
or disclose in any trial, hearing, or other pro-
ceeding in or before any court, department, 
officer, agency, regulatory body, or other au-
thority of a State or a political subdivision of 
a State, against an aggrieved person, any in-
formation obtained or derived from an elec-
tronic surveillance authorized pursuant to 
section 102 or an acquisition authorized pur-
suant to section 102A, the State or political 
subdivision of such State shall notify the ag-
grieved person, the court, or other authority 
in which the information is to be disclosed or 
used and the Attorney General that the State 
or political subdivision intends to disclose or 
use such information. 
‘‘(m) MOTION TO EXCLUDE EVIDENCE.—(1) IN 
GENERAL.—Any person against whom evi-
dence obtained or derived from an electronic 
surveillance authorized pursuant to section 
102 or an acquisition authorized pursuant to 
section 102A is to be, or has been, used or dis-
closed in any trial, hearing, or other pro-
ceeding in or before any court, department, 
officer, agency, regulatory body, or other au-
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thority of the United States, a State, or a polit-
ical subdivision thereof, may move to sup-
press the evidence obtained or derived from 
such electronic surveillance or such acquisi-
tion on the grounds that— 
‘‘(A) the information was unlawfully 
acquired; or 
‘‘(B) the electronic surveillance or ac-
quisition was not properly made in con-
formity with an authorization under sec-
tion 102(a) or 102A(a). 
‘‘(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 mo-
tion or the person was not aware of the 
grounds of the motion. 
‘‘(n) REVIEW
OF MOTIONS.—If a court or 
other authority is notified pursuant to sub-
section (k) or (l), a motion 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 
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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 re-
lating to an electronic surveillance au-
thorized pursuant to section 102 or an ac-
quisition authorized pursuant to section 
102A, or 
‘‘(2) to discover, obtain, or suppress 
evidence or information obtained or de-
rived from an electronic surveillance au-
thorized pursuant to section 102 or an ac-
quisition 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 dis-
trict as the authority, shall, notwithstanding 
any other law, if the Attorney General files an 
affidavit under oath that disclosure or an ad-
versary hearing would harm the national se-
curity of the United States, review in camera 
and ex parte the application, order, and such 
other materials relating to such electronic 
surveillance or such acquisition as may be 
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necessary to determine whether such elec-
tronic surveillance or such acquisition au-
thorized under this section was lawfully au-
thorized and conducted. In making this deter-
mination, the court may disclose to the ag-
grieved person, under appropriate security 
procedures and protective orders, portions of 
the directive 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 sub-
section (n), a United States district court de-
termines that the acquisition authorized 
under this section was not lawfully author-
ized or conducted, it shall, in accordance with 
the requirements of law, suppress the evi-
dence which was unlawfully obtained or de-
rived or otherwise grant the motion of the ag-
grieved person. If the court determines that 
such acquisition was lawfully authorized and 
conducted, it shall deny the motion of the ag-
grieved person except to the extent that due 
process requires discovery or disclosure. 
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‘‘(p) BINDING
ORDERS.—Orders granting 
motions or requests under subsection (m), de-
cisions under this section that an electronic 
surveillance or an acquisition was not law-
fully authorized or conducted, and orders of 
the United States district court requiring re-
view or granting disclosure of directives, or-
ders, or other materials relating to such ac-
quisition shall be final orders and binding 
upon all courts of the United States and the 
several States except a United States court of 
appeals and the Supreme Court. 
‘‘(q) COORDINATION.—(1) IN GENERAL.—Fed-
eral officers who acquire foreign intelligence 
information may consult with Federal law en-
forcement officers or law enforcement per-
sonnel 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 inves-
tigate or protect against— 
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‘‘(A) actual or potential attack or 
other grave hostile acts of a foreign 
power or an agent of a foreign power; 
‘‘(B) 
sabotage, 
international 
ter-
rorism, or the development or prolifera-
tion of weapons of mass destruction by a 
foreign power or an agent of a foreign 
power; or 
‘‘(C) clandestine intelligence activities 
by an intelligence service or network of a 
foreign power or by an agent of a foreign 
power. 
‘‘(2) CERTIFICATION REQUIRED.—Coordina-
tion authorized under paragraph (1) shall not 
preclude the certification required by section 
102(a) or 102A(a). 
‘‘(r) RETENTION
OF DIRECTIVES
AND OR-
DERS.—A directive made or an order granted 
under this section shall be retained for a pe-
riod 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 con-
tents in the first section of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
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1801 et seq.) is amended by inserting after the 
item relating to section 102 the following: 
‘‘102A. Authorization for acquisition of foreign intelligence in-
formation. 
‘‘102B. Directives relating to electronic surveillance and other 
acquisitions of foreign intelligence information.’’. 
SEC. 5. 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 authorization, empowered the At-
torney General to approve applications to the 
court having jurisdiction under this section, 
and a judge to whom an application is made 
may, notwithstanding any other law, grant an 
order, in conformity with section 105, approv-
ing electronic surveillance of a foreign power 
or an agent of a foreign power for the purpose 
of obtaining foreign intelligence informa-
tion.’’. 
SEC. 6. APPLICATIONS FOR COURT ORDERS. 
Section 104 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804) is 
amended— 
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(1) in subsection (a)— 
(A) in paragraph (6), by striking 
‘‘detailed description’’ and inserting 
‘‘summary description’’; 
(B) in paragraph (7)— 
(i) in the matter preceding 
subparagraph (A), by striking ‘‘or 
officials designated’’ and all that 
follows through ‘‘consent of the 
Senate’’ and inserting ‘‘designated 
by the President to authorize 
electronic surveillance for foreign 
intelligence purposes’’; 
(ii) in subparagraph (C), by 
striking ‘‘techniques;’’ and insert-
ing ‘‘techniques; and’’; 
(iii) by striking subparagraph 
(D); and 
(iv) by redesignating subpara-
graph (E) as subparagraph (D); 
(C) in paragraph (8), by striking 
‘‘a statement of the means’’ and in-
serting ‘‘a summary statement of the 
means’’; 
(D) in paragraph (9)— 
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(i) by striking ‘‘a statement’’ 
and inserting ‘‘a summary state-
ment’’; and 
(ii) by striking ‘‘application;’’ 
and inserting ‘‘application; and’’; 
(E) in paragraph (10), by striking 
‘‘thereafter; 
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 redesignated by paragraph (3), by 
striking ‘‘or the Director of National In-
telligence’’ and inserting ‘‘the Director of 
National Intelligence, or the Director of 
the Central Intelligence Agency’’. 
SEC. 7. 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 
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(B) by redesignating paragraphs 
(2) through (5) as paragraphs (1) 
through (4), respectively; 
(2) in subsection (c)(1)— 
(A) in subparagraph (D), by strik-
ing ‘‘surveillance;’’ and inserting ‘‘sur-
veillance; and’’; 
(B) in subparagraph (E), by strik-
ing ‘‘approved; 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 paragraph (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.’’. 
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(6) in subsection (e), as redesignated 
by paragraph (4), to read as follows: 
‘‘(e) Notwithstanding any other provision 
of this title, an official appointed by the Presi-
dent with the advice and consent of the Sen-
ate that is designated by the President to au-
thorize electronic surveillance may authorize 
the emergency employment of electronic sur-
veillance if— 
‘‘(1) such official determines that an 
emergency situation exists with respect 
to the employment of electronic surveil-
lance to obtain foreign intelligence infor-
mation before an order authorizing such 
surveillance can with due diligence be 
obtained; 
‘‘(2) such official determines that the 
factual basis for issuance of an order 
under this title to approve such elec-
tronic surveillance exists; 
‘‘(3) such official informs the Attorney 
General of such electronic surveillance; 
‘‘(4) the Attorney General or a des-
ignee of the Attorney General informs a 
judge having jurisdiction under section 
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103 of such electronic surveillance as 
soon as practicable, but in no case more 
than 7 days after the date on which such 
electronic surveillance is authorized; 
‘‘(5) an application in accordance 
with this title is made to such judge or 
another judge having jurisdiction under 
section 103 as soon as practicable, but 
not more than 7 days after such elec-
tronic surveillance is authorized; 
‘‘(6) such official requires 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 information sought 
is obtained, when the application for the 
order is denied, or after the expiration of 7 
days from the time of authorization by such 
official, whichever is earliest. In the event 
that the application for approval submitted 
pursuant to paragraph (5) is denied, or in any 
other case where the electronic surveillance 
is terminated and no order is issued approv-
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ing the surveillance, no information obtained 
or evidence derived from such surveillance 
shall be received in evidence or otherwise dis-
closed in any trial, hearing, or other pro-
ceeding in or before any court, grand jury, de-
partment, office, agency, regulatory body, leg-
islative 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 sur-
veillance shall subsequently be used or dis-
closed in any other manner by Federal offi-
cers or employees without the consent of such 
person, except with the approval of the Attor-
ney General if the information indicates a 
threat of death or serious bodily harm to any 
person. A denial of the application made pur-
suant to paragraph (5) may be reviewed as 
provided in section 103.’’; 
(7) in subsection (h), as redesignated 
by paragraph (4)— 
(A) by striking ‘‘a wire or’’ and in-
serting ‘‘an’’; and 
(B) by striking ‘‘physical search’’ 
and inserting ‘‘physical search or in 
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response to a certification by the At-
torney General or a designee of the 
Attorney General seeking informa-
tion, facilities, or technical assistance 
from 
such 
person 
under 
section 
102B’’; and 
(8) by adding at the end the following 
new subsection: 
‘‘(i) In any case in which the Government 
makes an application to a judge under this 
title to conduct electronic surveillance involv-
ing communications and the judge grants 
such application, the judge shall also author-
ize the installation and use of pen registers 
and trap and trace devices to acquire dialing, 
routing, addressing, and signaling informa-
tion related to such communications and such 
dialing, routing, addressing, and signaling in-
formation shall not be subject to minimiza-
tion procedures.’’. 
SEC. 8. USE OF INFORMATION. 
Section 106(i) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1806(i)) is 
amended— 
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(1) by striking ‘‘radio communication’’ 
and inserting ‘‘communication’’; and 
(2) by striking ‘‘contents indicates’’ 
and inserting ‘‘contents contain signifi-
cant foreign intelligence information or 
indicate’’. 
SEC. 9. 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)(1), by inserting 
‘‘each member of’’ before ‘‘the House Per-
manent 
Select 
Committee 
on 
Intel-
ligence’’; and 
(2) in subsection (a)(2)— 
(A) in subparagraph (B), by strik-
ing ‘‘and’’ at the end; 
(B) in subparagraph (C), by strik-
ing the period and inserting ‘‘; and’’; 
and 
(C) by adding at the end the fol-
lowing new subparagraph: 
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‘‘(D) the authority under which 
the electronic surveillance is con-
ducted.’’; and 
(3) in subsection (a), by adding at the 
end the following new paragraph: 
‘‘(3) Each report submitted under this 
subsection shall include reports on elec-
tronic surveillance conducted without a 
court order.’’. 
(b) INTELLIGENCE ACTIVITIES.—Section 501 
of the National Security Act of 1947 (50 U.S.C. 
413) is amended— 
(1) in subsection (a)(1), by inserting 
‘‘each member of’’ before ‘‘the congres-
sional intelligence committees’’; and 
(2) in subsection (b), by inserting 
‘‘each member of’’ before ‘‘the congres-
sional intelligence committees’’. 
SEC. 10. INTERNATIONAL MOVEMENT OF TARGETS. 
(a) ELECTRONIC
SURVEILLANCE.—Section 
105(d) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1805(d)), as redes-
ignated by section 7(4), is amended by adding 
at the end the following new paragraph: 
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‘‘(4) An order issued under this section 
shall remain in force during the authorized 
period of surveillance notwithstanding the 
absence of the target from the United States, 
unless the Government files a motion to extin-
guish the order and the court grants the mo-
tion.’’. 
(b) PHYSICAL SEARCH.—Section 304(d) of 
the Foreign 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 remain in force during the authorized 
period of surveillance notwithstanding the 
absence of the target from the United States, 
unless the Government files a motion to extin-
guish the order and the court grants the mo-
tion.’’. 
SEC. 
11. 
COMPLIANCE 
WITH 
COURT 
ORDERS 
AND 
ANTITERRORISM PROGRAMS. 
(a) IN
GENERAL.—Notwithstanding any 
other provision of law, and in addition to the 
immunities, privileges, and defenses provided 
by any other provision of law, no action shall 
lie or be maintained in any court, and no pen-
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alty, sanction, or other form of remedy or re-
lief shall be imposed by any court or any 
other body, against any person for an activity 
arising from or relating to any alleged intel-
ligence program involving electronic surveil-
lance that the Attorney General or a designee 
of the Attorney General certifies, in a manner 
consistent with the protection of State se-
crets, is, was, or would be intended to protect 
the United States from a terrorist attack. This 
section shall apply to all actions or pro-
ceedings pending on or after the effective 
date of this Act. 
(b) JURISDICTION.—Any action or claim de-
scribed 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) The term ‘‘electronic surveillance’’ 
has the meaning given the term in sec-
tion 101(f) of the Foreign Intelligence 
Surveillance 
Act 
of 
1978 
(50 
U.S.C. 
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