of section 101(e)) by targeting that person shall be con-
ducted pursuant to— 
‘‘(1) an order approved in accordance with sec-
tion 105 or 105B; or 
‘‘(2) an emergency authorization in accordance 
with section 105 or 105C.’’. 
SEC. 3. PROCEDURE FOR AUTHORIZING ACQUISITIONS OF 
COMMUNICATIONS OF NON-UNITED STATES 
PERSONS LOCATED OUTSIDE THE UNITED 
STATES. 
Section 105B of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read 
as follows: 
‘‘PROCEDURE FOR AUTHORIZING ACQUISITIONS OF COMMU-
NICATIONS
OF
NON-UNITED
STATES
PERSONS
LO-
CATED OUTSIDE THE UNITED STATES 
‘‘SEC. 105B. (a) IN GENERAL.—Notwithstanding any 
other provision of this Act, the Director of National Intel-
ligence and the Attorney General may jointly apply to a 
judge of the court established under section 103(a) for an 
ex parte order, or the extension of an order, authorizing 
for a period of up to one year the acquisition of communica-
tions of persons that are reasonably believed to be located 
outside the United States and not United States persons 
for the purpose of collecting foreign intelligence information 
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(as defined in paragraph (1) or (2)(A) of section 101(e)) 
by targeting those persons. 
‘‘(b) 
APPLICATION
INCLUSIONS.—An 
application 
under subsection (a) shall include— 
‘‘(1) a certification by the Director of National 
Intelligence and the Attorney General that— 
‘‘(A) the targets of the acquisition of foreign 
intelligence information under this section are 
persons reasonably believed to be located outside 
the United States; 
‘‘(B) the targets of the acquisition are rea-
sonably believed to be persons that are not 
United States persons; 
‘‘(C) the acquisition involves obtaining the 
foreign intelligence information from, or with the 
assistance of, a communications service provider 
or custodian, or an officer, employee, or agent of 
such service provider or custodian, who has au-
thorized access to the communications to be ac-
quired, either as they are transmitted or while 
they are stored, or equipment that is being or 
may be used to transmit or store such commu-
nications; and 
‘‘(D) a significant purpose of the acquisi-
tion is to obtain foreign intelligence information 
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(as defined in paragraph (1) or (2)(A) of section 
101(e)); and 
‘‘(2) a description of— 
‘‘(A) the procedures that will be used by the 
Director of National Intelligence and the Attor-
ney General during the duration of the order to 
determine that there is a reasonable belief that 
the targets of the acquisition are persons that are 
located outside the United States and not United 
States persons; 
‘‘(B) the nature of the information sought, 
including the identity of any foreign power 
against whom the acquisition will be directed; 
‘‘(C) minimization procedures that meet the 
definition of minimization procedures under sec-
tion 101(h) to be used with respect to such acqui-
sition; and 
‘‘(D) the guidelines that will be used to en-
sure that an application is filed under section 
104, if otherwise required by this Act, when a 
significant purpose of an acquisition is to ac-
quire the communications of a specific person 
reasonably believed to be located in the United 
States. 
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‘‘(c) SPECIFIC PLACE NOT REQUIRED.—An applica-
tion under subsection (a) is not required to identify the spe-
cific facilities, places, premises, or property at which the 
acquisition of foreign intelligence information will be di-
rected. 
‘‘(d) REVIEW OF APPLICATION.—Not later than 15 
days after a judge receives an application under subsection 
(a), the judge shall review such application and shall ap-
prove the application if the judge finds that— 
‘‘(1) the proposed procedures referred to in sub-
section (b)(2)(A) are reasonably designed to determine 
whether the targets of the acquisition are located out-
side the United States and not United States persons; 
‘‘(2) the proposed minimization procedures re-
ferred to in subsection (b)(2)(C) meet the definition of 
minimization procedures under section 101(h); and 
‘‘(3) the guidelines referred to in subsection 
(b)(2)(D) are reasonably designed to ensure that an 
application is filed under section 104, if otherwise re-
quired by this Act, when a significant purpose of an 
acquisition is to acquire the communications of a spe-
cific person reasonably believed to be located in the 
United States. 
‘‘(e) ORDER.— 
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‘‘(1) IN GENERAL.—A judge approving an appli-
cation under subsection (d) shall issue an order— 
‘‘(A) authorizing the acquisition of the con-
tents of the communications as requested, or as 
modified by the judge; 
‘‘(B) requiring the communications service 
provider or custodian, or officer, employee, or 
agent of such service provider or custodian, who 
has authorized access to the information, facili-
ties, or technical assistance necessary to accom-
plish the acquisition to provide such informa-
tion, facilities, or technical assistance necessary 
to accomplish the acquisition and to produce a 
minimum of interference with the services that 
provider, custodian, officer, employee, or agent is 
providing the target of the acquisition; 
‘‘(C) requiring such communications service 
provider, custodian, officer, employee, or agent, 
upon the request of the applicant, to maintain 
under security procedures approved by the Attor-
ney General and the Director of National Intel-
ligence any records concerning the acquisition or 
the aid furnished; 
‘‘(D) directing the Federal Government to— 
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‘‘(i) compensate, at the prevailing rate, 
a person for providing information, facili-
ties, or assistance pursuant to such order; 
and 
‘‘(ii) provide a copy of the portion of 
the order directing the person to comply 
with the order to such person; and 
‘‘(E) directing the applicant to follow— 
‘‘(i) the procedures referred to in sub-
section (b)(2)(A) as proposed or as modified 
by the judge; 
‘‘(ii) the minimization procedures re-
ferred to in subsection (b)(2)(C) as proposed 
or as modified by the judge; and 
‘‘(iii) the guidelines referred to in sub-
section (b)(2)(D) as proposed or as modified 
by the judge. 
‘‘(2) FAILURE TO COMPLY.—If a person fails to 
comply with an order issued under paragraph (1), the 
Attorney General may invoke the aid of the court es-
tablished under section 103(a) to compel compliance 
with the order. Failure to obey an 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 district in which the person may be found. 
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they are stored, or equipment that is being or 
may be used to transmit or store such commu-
nications; 
‘‘(F) a significant purpose of the acquisi-
tion is to obtain foreign intelligence information 
(as defined in paragraph (1) or (2)(A) of section 
101(e)); 
‘‘(G) minimization procedures to be used 
with respect to such acquisition activity meet the 
definition of minimization procedures under sec-
tion 101(h); and 
‘‘(H) there are guidelines that will be used 
to ensure that an application is filed under sec-
tion 104, if otherwise required by this Act, when 
a significant purpose of an acquisition is to ac-
quire the communications of a specific person 
reasonably believed to be located in the United 
States; and 
‘‘(2) the Director of National Intelligence and the 
Attorney General, or their designees, inform a judge 
having jurisdiction to approve an acquisition under 
section 105B at the time of the authorization under 
this section that the decision has been made to acquire 
foreign intelligence information. 
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‘‘(c) INFORMATION, FACILITIES, AND TECHNICAL AS-
SISTANCE.—Pursuant to an authorization of an acquisition 
under this section, the Attorney General may direct a com-
munications service provider, custodian, or an officer, em-
ployee, or agent of such service provider or custodian, who 
has the lawful authority to access the information, facilities, 
or technical assistance necessary to accomplish such acqui-
sition to— 
‘‘(1) furnish the Attorney General forthwith with 
such information, facilities, or technical assistance in 
a manner that will protect the secrecy of the acquisi-
tion and produce a minimum of interference with the 
services that provider, custodian, officer, employee, or 
agent is providing the target of the acquisition; and 
‘‘(2) maintain under security procedures ap-
proved by the Attorney General and the Director of 
National Intelligence any records concerning the ac-
quisition or the aid furnished.’’. 
SEC. 5. OVERSIGHT OF ACQUISITIONS OF COMMUNICA-
TIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE OF THE UNITED STATES. 
The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended by inserting after section 
105C the following new section: 
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‘‘OVERSIGHT
OF
ACQUISITIONS
OF
COMMUNICATIONS
OF 
NON-UNITED STATES PERSONS LOCATED OUTSIDE OF 
THE UNITED STATES 
‘‘SEC. 105D. (a) APPLICATION; PROCEDURES; OR-
DERS.—Not later than 7 days after an application is sub-
mitted under section 105B(a) or an order is issued under 
section 105B(e), the Director of National Intelligence and 
the Attorney General shall submit to the appropriate com-
mittees of Congress— 
‘‘(1) in the case of an application— 
‘‘(A) a copy of the application, including 
the certification made under section 105B(b)(1); 
and 
‘‘(B) a description of the primary purpose 
of the acquisition for which the application is 
submitted; and 
‘‘(2) in the case of an order, a copy of the order, 
including the procedures and guidelines referred to in 
section 105B(e)(1)(E). 
‘‘(b) QUARTERLY AUDITS.— 
‘‘(1) AUDIT.—Not later than 120 days after the 
date of the enactment of this section, and every 120 
days thereafter until the expiration of all orders 
issued under section 105B, the Inspector General of 
the Department of Justice shall complete an audit on 
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the implementation of and compliance with the proce-
dures 
and 
guidelines 
referred 
to 
in 
section 
105B(e)(1)(E) and shall submit to the appropriate 
committees of Congress, the Attorney General, the Di-
rector of National Intelligence, and the court estab-
lished under section 103(a) the results of such audit, 
including, for each order authorizing the acquisition 
of foreign intelligence under section 105B— 
‘‘(A) the number of targets of an acquisition 
under such order that were later determined to 
be located in the United States; 
‘‘(B) the number of persons located in the 
United States whose communications have been 
acquired under such order; 
‘‘(C) the number and nature of reports dis-
seminated containing information on a United 
States person that was collected under such 
order; and 
‘‘(D) the number of applications submitted 
for approval of electronic surveillance under sec-
tion 104 for targets whose communications were 
acquired under such order. 
‘‘(2) REPORT.—Not later than 30 days after the 
completion of an audit under paragraph (1), the At-
torney General shall submit to the appropriate com-
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mittees of Congress and the court established under 
section 103(a) a report containing the results of such 
audit. 
‘‘(c) COMPLIANCE REPORTS.—Not later than 60 days 
after the date of the enactment of this section, and every 
120 days thereafter until the expiration of all orders issued 
under section 105B, the Director of National Intelligence 
and the Attorney General shall submit to the appropriate 
committees of Congress and the court established under sec-
tion 103(a) a report concerning acquisitions under section 
105B during the previous 120-day period. Each report sub-
mitted under this section shall include a description of any 
incidents of non-compliance with an order issued under sec-
tion 105B(e), including incidents of non-compliance by— 
‘‘(1) an element of the intelligence community 
with minimization procedures referred to in section 
105B(e)(1)(E)(i); 
‘‘(2) an element of the intelligence community 
with 
procedures 
referred 
to 
in 
section 
105B(e)(1)(E)(ii); 
‘‘(3) an element of the intelligence community 
with 
guidelines 
referred 
to 
in 
section 
105B(e)(1)(E)(iii); and 
‘‘(4) a person directed to provide information, 
facilities, or technical assistance under such order. 
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‘‘(d) REPORT ON EMERGENCY AUTHORITY.—The Di-
rector of National Intelligence and the Attorney General 
shall annually submit to the appropriate committees of 
Congress a report containing the number of emergency au-
thorizations of acquisitions under section 105C and a de-
scription of any incidents of non-compliance with an emer-
gency authorization under such section. 
‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘appropriate committees 
of Congress’ means— 
‘‘(1) the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
‘‘(2) the Select Committee on Intelligence of the 
Senate; and 
‘‘(3) the Committees on the Judiciary of the 
House of Representatives and the Senate.’’. 
SEC. 6. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN 
BANC. 
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) In any case where the court established under sub-
section (a) or a judge of such court is required to review 
a matter under this Act, the court may, at the discretion 
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of the court, sit en banc to review such matter and issue 
any orders related to such matter.’’. 
SEC. 7. AUDIT OF WARRANTLESS SURVEILLANCE PRO-
GRAMS. 
(a) AUDIT.—Not later than 180 days after the date 
of the enactment of this Act, the Inspector General of the 
Department of Justice shall complete an audit of all pro-
grams of the Federal Government involving the acquisition 
of communications conducted without a court order on or 
after September 11, 2001, including the Terrorist Surveil-
lance Program referred to by the President in a radio ad-
dress on December 17, 2005. Such audit shall include ac-
quiring all documents relevant to such programs, including 
memoranda concerning the legal authority of a program, 
authorizations of a program, certifications to telecommuni-
cations carriers, and court orders. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the completion of the audit under subsection (a), the 
Inspector General shall submit to the Permanent Se-
lect Committee on Intelligence and the Committee on 
the Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee 
on the Judiciary of the Senate a report containing 
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the results of such audit, including all documents ac-
quired pursuant to conducting such audit. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(c) EXPEDITED SECURITY CLEARANCE.—The Director 
of National Intelligence shall ensure that the process for the 
investigation and adjudication of an application by the In-
spector General or the appropriate staff of the Office of the 
Inspector General of the Department of Justice for a secu-
rity clearance necessary for the conduct of the audit under 
subsection (a) is conducted as expeditiously as possible. 
SEC. 8. RECORD-KEEPING SYSTEM ON ACQUISITION OF 
COMMUNICATIONS OF UNITED STATES PER-
SONS. 
(a) RECORD-KEEPING SYSTEM.—The Director of Na-
tional Intelligence and the Attorney General shall jointly 
develop and maintain a record-keeping system that will 
keep track of— 
(1) the instances where the identity of a United 
States person whose communications were acquired 
was disclosed by an element of the intelligence com-
munity (as defined in section 3(4) of the National Se-
curity Act of 1947 (50 U.S.C. 401a(4))) that collected 
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the communications to other departments or agencies 
of the United States; and 
(2) the departments and agencies of the Federal 
Government and persons to whom such identity infor-
mation was disclosed. 
(b) REPORT.—The Director of National Intelligence 
and the Attorney General shall annually submit to the Per-
manent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives and 
the Select Committee on Intelligence and the Committee on 
the Judiciary of the Senate a report on the record-keeping 
system created under subsection (a), including the number 
of instances referred to in paragraph (1). 
SEC. 9. AUTHORIZATION FOR INCREASED RESOURCES RE-
LATING TO FOREIGN INTELLIGENCE SUR-
VEILLANCE. 
There are authorized to be appropriated the Depart-
ment of Justice, for the activities of the Office of the Inspec-
tor General, the Office of Intelligence Policy and Review, 
and other appropriate elements of the National Security Di-
vision, and the National Security Agency such sums as may 
be necessary to meet the personnel and information tech-
nology demands to ensure the timely and efficient proc-
essing of— 
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(1) applications and other submissions to the 
court established under section 103(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(a)); 
(2) the audit and reporting requirements 
under— 
(A) section 105D of such Act; and 
(B) section 7; and 
(3) the record-keeping system and reporting re-
quirements under section 8. 
SEC. 10. REITERATION OF FISA AS THE EXCLUSIVE MEANS 
BY WHICH ELECTRONIC SURVEILLANCE MAY 
BE CONDUCTED FOR GATHERING FOREIGN 
INTELLIGENCE INFORMATION. 
(a) EXCLUSIVE MEANS.—Notwithstanding any other 
provision of law, the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means 
by which electronic surveillance may be conducted for the 
purpose of gathering foreign intelligence information. 
(b) SPECIFIC AUTHORIZATION REQUIRED FOR EXCEP-
TION.—Subsection (a) shall apply until specific statutory 
authorization for electronic surveillance, other than as an 
amendment to the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.), is enacted. Such specific stat-
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utory authorization shall be the only exception to subsection 
(a). 
SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) 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 striking the 
items relating to sections 105A, 105B, and 105C and insert-
ing the following new items: 
‘‘Sec. 105A. Clarification of electronic surveillance of non-United States persons 
outside the United States. 
‘‘Sec. 105B. Procedure for authorizing acquisitions of communications of non- 
United States persons located outside the United States. 
‘‘Sec. 105C. Emergency authorization of acquisitions of communications of non- 
United States persons located outside the United States. 
‘‘Sec. 105D. Oversight of acquisitions of communications of non-United States 
persons located outside of the United States.’’. 
(b) SECTION 103(e) OF FISA.—Section 103(e) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(e)) is amended— 
(1) in paragraph (1), by striking ‘‘105B(h) or’’; 
and 
(2) in paragraph (2), by striking ‘‘105B(h) or’’. 
(c) REPEAL OF CERTAIN PROVISIONS OF THE PRO-
TECT AMERICA ACT OF 2007.—Sections 4 and 6 of the Pro-
tect America Act 2007 (Public Law 110–55) are hereby re-
pealed. 
SEC. 12. SUNSET; TRANSITION PROCEDURES. 
(a) SUNSET OF NEW PROVISIONS.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), effective on December 31, 2009— 
(A) sections 105A, 105B, 105C, and 105D 
of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) are hereby re-
pealed; and 
(B) the table of contents in the first section 
of such Act is amended by striking the items re-
lating to sections 105A, 105B, 105C, and 105D. 
(2) ACQUISITIONS AUTHORIZED PRIOR TO SUN-
SET.—Any authorization or order issued under sec-
tion 105B of the Foreign Intelligence Surveillance Act 
of 1978, as amended by this Act, in effect on Decem-
ber 31, 2009, shall continue in effect until the date of 
the expiration of such authorization or order. 
(b) ACQUISITIONS AUTHORIZED PRIOR
TO ENACT-
MENT.— 
(1) EFFECT.—Notwithstanding the amendments 
made by this Act, an authorization of the acquisition 
of foreign intelligence information under section 105B 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) made before the date of the 
enactment of this Act shall remain in effect until the 
date of the expiration of such authorization or the 
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date that is 180 days after such date of enactment, 
whichever is earlier. 
(2) REPORT.—Not later than 30 days after the 
date of the expiration of all authorizations of acquisi-
tion of foreign intelligence information under section 
105B of the Foreign Intelligence Surveillance Act of 
1978 (as added by Public Law 110–55) made before 
the date of the enactment of this Act in accordance 
with paragraph (1), the Director of National Intel-
ligence and the Attorney General shall submit to the 
Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Rep-
resentatives and the Select Committee on Intelligence 
and the Committee on the Judiciary of the Senate a 
report on such authorizations, including— 
(A) the number of targets of an acquisition 
under section 105B of such Act (as in effect on 
the day before the date of the enactment of this 
Act) that were later determined to be located in 
the United States; 
(B) the number of persons located in the 
United States whose communications have been 
acquired under such section; 
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(3) INTELLIGENCE
COMMUNITY
DEFINED.—In 
this subsection, 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)). 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as 
the ‘‘Responsible Electronic Surveillance That 
is Overseen, Reviewed, and Effective Act of 
2007’’ or ‘‘RESTORE Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of con-
tents for this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Clarification of electronic surveillance of non-United 
States persons outside the United States. 
Sec. 3. Procedure for authorizing acquisitions of communica-
tions of non-United States persons located outside 
the United States. 
Sec. 4. Emergency authorization of acquisitions of communica-
tions of non-United States persons located outside 
the United States. 
Sec. 5. Oversight of acquisitions of communications of non- 
United States persons located outside of the 
United States. 
Sec. 6. Foreign Intelligence Surveillance Court en banc. 
Sec. 7. Foreign Intelligence Surveillance Court matters. 
Sec. 8. Reiteration of chapters 119 and 121 of title 18, United 
States Code, and Foreign Intelligence Surveil-
lance Act of 1978 as exclusive means by which do-
mestic electronic surveillance may be conducted. 
Sec. 9. Enhancement of electronic surveillance authority in 
wartime and other collection. 
Sec. 10. Audit of warrantless surveillance programs. 
Sec. 11. Record-keeping system on acquisition of communica-
tions of United States persons. 
Sec. 12. Authorization for increased resources relating to for-
eign intelligence surveillance. 
Sec. 13. Additional personnel for preparation and consider-
ation of applications for orders approving elec-
tronic surveillance and physical search. 
Sec. 14. Document management system for applications for or-
ders approving electronic surveillance. 
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Sec. 15. Training of intelligence community personnel in for-
eign intelligence collection matters. 
Sec. 16. Information for Congress on the terrorist surveillance 
program and similar programs. 
Sec. 17. Technical and conforming amendments. 
Sec. 18. Sunset; transition procedures. 
SEC. 2. CLARIFICATION OF ELECTRONIC SURVEILLANCE 
OF NON-UNITED STATES PERSONS OUTSIDE 
THE UNITED STATES. 
Section 105A of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended to read as follows: 
‘‘CLARIFICATION
OF
ELECTRONIC
SURVEILLANCE 
OF
NON-UNITED
STATES
PERSONS
OUTSIDE 
THE UNITED STATES 
‘‘SEC. 105A. (a) FOREIGN TO FOREIGN COM-
MUNICATIONS.—Notwithstanding 
any 
other 
provision of this Act, a court order is not re-
quired for the acquisition of the contents of 
any communication between persons that are 
not United States persons and are not located 
within the United States for the purpose of 
collecting foreign intelligence information, 
without respect to whether the communica-
tion passes through the United States or the 
surveillance device is located within the 
United States. 
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‘‘(b) 
COMMUNICATIONS
OF
NON-UNITED 
STATES
PERSONS
OUTSIDE
OF
THE
UNITED 
STATES.—Notwithstanding any other provi-
sion of this Act other than subsection (a), elec-
tronic surveillance that is directed at the ac-
quisition of the communications of a person 
that is reasonably believed to be located out-
side the United States and not a United States 
person for the purpose of collecting foreign 
intelligence information (as defined in para-
graph (1) or (2)(A) of section 101(e)) by tar-
geting that person shall be conducted pursu-
ant to— 
‘‘(1) an order approved in accordance 
with section 105 or 105B; or 
‘‘(2) an emergency authorization in 
accordance with section 105 or 105C.’’. 
SEC. 3. PROCEDURE FOR AUTHORIZING ACQUISITIONS OF 
COMMUNICATIONS OF NON-UNITED STATES 
PERSONS LOCATED OUTSIDE THE UNITED 
STATES. 
Section 105B of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended to read as follows: 
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‘‘PROCEDURE FOR AUTHORIZING ACQUISITIONS OF 
COMMUNICATIONS
OF
NON-UNITED
STATES 
PERSONS
LOCATED
OUTSIDE
THE
UNITED 
STATES 
‘‘SEC. 105B. (a) IN
GENERAL.—Notwith-
standing any other provision of this Act, the 
Director of National Intelligence and the At-
torney General may jointly apply to a judge 
of the court established under section 103(a) 
for an ex parte order, or the extension of an 
order, authorizing for a period of up to one 
year the acquisition of communications of 
persons that are reasonably believed to be lo-
cated outside the United States and not 
United States persons for the purpose of col-
lecting foreign intelligence information (as 
defined in paragraph (1) or (2)(A) of section 
101(e)) by targeting those persons. 
‘‘(b) APPLICATION INCLUSIONS.—An applica-
tion under subsection (a) shall include— 
‘‘(1) a certification by the Director of 
National Intelligence and the Attorney 
General that— 
‘‘(A) the targets of the acquisition 
of foreign intelligence information 
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under this section are persons rea-
sonably believed to be located outside 
the United States; 
‘‘(B) the targets of the acquisition 
are reasonably believed to be persons 
that are not United States persons; 
‘‘(C) the acquisition involves ob-
taining the foreign intelligence infor-
mation from, or with the assistance 
of, a communications service pro-
vider or custodian, or an officer, em-
ployee, or agent of such service pro-
vider or custodian, who has author-
ized access to the communications to 
be acquired, either as they are trans-
mitted or while they are stored, or 
equipment that is being or may be 
used to transmit or store such com-
munications; and 
‘‘(D) a significant purpose of the 
acquisition is to obtain foreign intel-
ligence information (as defined in 
paragraph (1) or (2)(A) of section 
101(e)); and 
‘‘(2) a description of— 
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‘‘(A) the procedures that will be 
used by the Director of National In-
telligence and the Attorney General 
during the duration of the order to 
determine that there is a reasonable 
belief that the targets of the acquisi-
tion are persons that are located out-
side the United States and not United 
States persons; 
‘‘(B) the nature of the information 
sought, including the identity of any 
foreign power against whom the ac-
quisition will be directed; 
‘‘(C) 
minimization 
procedures 
that meet the definition of minimiza-
tion procedures under section 101(h) 
to be used with respect to such acqui-
sition; and 
‘‘(D) the guidelines that will be 
used to ensure that an application is 
filed under section 104, if otherwise 
required by this Act, when a signifi-
cant purpose of an acquisition is to 
acquire the communications of a spe-
cific United States person reasonably 
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believed to be located in the United 
States. 
‘‘(c) SPECIFIC PLACE NOT REQUIRED.—An 
application under subsection (a) is not re-
quired to identify the specific facilities, 
places, premises, or property at which the ac-
quisition of foreign intelligence information 
will be directed. 
‘‘(d) REVIEW
OF APPLICATION.—Not later 
than 15 days after a judge receives an applica-
tion under subsection (a), the judge shall re-
view such application and shall approve the 
application if the judge finds that— 
‘‘(1) the proposed procedures referred 
to in subsection (b)(2)(A) are reasonably 
designed to determine whether the tar-
gets of the acquisition are located outside 
the United States and not United States 
persons; 
‘‘(2) the proposed minimization proce-
dures referred to in subsection (b)(2)(C) 
meet the definition of minimization pro-
cedures under section 101(h); and 
‘‘(3) the guidelines referred to in sub-
section (b)(2)(D) are reasonably designed 
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to ensure that an application is filed 
under section 104, if otherwise required 
by this Act, when a significant purpose of 
an acquisition is to acquire the commu-
nications of a specific United States per-
son reasonably believed to be located in 
the United States. 
‘‘(e) ORDER.— 
‘‘(1) IN GENERAL.—A judge approving 
an application under subsection (d) shall 
issue an order— 
‘‘(A) authorizing the acquisition of 
the contents of the communications 
as requested, or as modified by the 
judge; 
‘‘(B) requiring the communica-
tions service provider or custodian, 
or officer, employee, or agent of such 
service provider or custodian, who 
has authorized access to the informa-
tion, facilities, or technical assistance 
necessary to accomplish the acquisi-
tion to provide such information, fa-
cilities, or technical assistance nec-
essary to accomplish the acquisition 
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and to produce a minimum of inter-
ference with the services that pro-
vider, custodian, officer, employee, or 
agent is providing the target of the 
acquisition; 
‘‘(C) requiring such communica-
tions service provider, custodian, offi-
cer, employee, or agent, upon the re-
quest of the applicant, to maintain 
under security procedures approved 
by the Attorney General and the Di-
rector of National Intelligence any 
records concerning the acquisition or 
the aid furnished; 
‘‘(D) directing the Federal Gov-
ernment to— 
‘‘(i) compensate, at the pre-
vailing rate, a person for pro-
viding information, facilities, or 
assistance 
pursuant 
to 
such 
order; and 
‘‘(ii) provide a copy of the por-
tion of the order directing the 
person to comply with the order 
to such person; and 
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‘‘(E) directing the applicant to fol-
low— 
‘‘(i) the procedures referred to 
in subsection (b)(2)(A) as pro-
posed or as modified by the judge; 
‘‘(ii) the minimization proce-
dures referred to in subsection 
(b)(2)(C) as proposed or as modi-
fied by the judge; and 
‘‘(iii) the guidelines referred 
to in subsection (b)(2)(D) as pro-
posed or as modified by the judge. 
‘‘(2) FAILURE TO COMPLY.—If a person 
fails to comply with an order issued 
under paragraph (1), the Attorney Gen-
eral may invoke the aid of the court es-
tablished under section 103(a) to compel 
compliance with the order. Failure to 
obey an order of the court may be pun-
ished by the court as contempt of court. 
Any process under this section may be 
served in any judicial district in which 
the person may be found. 
‘‘(3) LIABILITY
OF
ORDER.—Notwith-
standing any other law, no cause of ac-
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tion shall lie in any court against any 
person for providing any information, fa-
cilities, or assistance in accordance with 
an order issued under this subsection. 
‘‘(4) RETENTION OF ORDER.—The Direc-
tor of National Intelligence and the court 
established under subsection 103(a) shall 
retain an order issued under this section 
for a period of not less than 10 years 
from the date on which such order is 
issued. 
‘‘(5) ASSESSMENT OF COMPLIANCE WITH 
COURT ORDER.—At or before the end of the 
period of time for which an acquisition is 
approved by an order or an extension 
under this section, the court established 
under section 103(a) shall, not less fre-
quently than once each quarter, assess 
compliance with the procedures and 
guidelines referred to in paragraph (1)(E) 
and review the circumstances under 
which information concerning United 
States persons was acquired, retained, or 
disseminated.’’. 
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SEC. 4. EMERGENCY AUTHORIZATION OF ACQUISITIONS OF 
COMMUNICATIONS OF NON-UNITED STATES 
PERSONS LOCATED OUTSIDE THE UNITED 
STATES. 
Section 105C of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended to read as follows: 
‘‘EMERGENCY
AUTHORIZATION
OF
ACQUISITIONS 
OF COMMUNICATIONS OF NON-UNITED STATES 
PERSONS
LOCATED
OUTSIDE
THE
UNITED 
STATES 
‘‘SEC. 105C. (a) APPLICATION AFTER EMER-
GENCY AUTHORIZATION.—As soon as is prac-
ticable, but not more than 7 days after the Di-
rector of National Intelligence and the Attor-
ney General authorize an acquisition under 
this section, an application for an order au-
thorizing the acquisition in accordance with 
section 105B shall be submitted to the judge 
referred to in subsection (b)(2) of this section 
for approval of the acquisition in accordance 
with section 105B. 
‘‘(b) 
EMERGENCY
AUTHORIZATION.—Not-
withstanding any other provision of this Act, 
the Director of National Intelligence and the 
Attorney General may jointly authorize the 
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emergency acquisition of foreign intelligence 
information for a period of not more than 45 
days if— 
‘‘(1) the Director of National Intel-
ligence and the Attorney General jointly 
determine that— 
‘‘(A) an emergency situation exists 
with respect to an authorization for 
an acquisition under section 105B be-
fore an order approving the acquisi-
tion under such section can with due 
diligence be obtained; 
‘‘(B) the targets of the acquisition 
of foreign intelligence information 
under this section are persons rea-
sonably believed to be located outside 
the United States; 
‘‘(C) the targets of the acquisition 
are reasonably believed to be persons 
that are not United States persons; 
‘‘(D) there are reasonable proce-
dures in place for determining that 
the acquisition of foreign intelligence 
information under this section will be 
acquired by targeting only persons 
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‘‘OVERSIGHT
OF
ACQUISITIONS
OF
COMMUNICA-
TIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE OF THE UNITED STATES 
‘‘SEC. 105D. (a) APPLICATION; PROCEDURES; 
ORDERS.—Not later than 7 days after an appli-
cation is submitted under section 105B(a) or 
an order is issued under section 105B(e), the 
Director of National Intelligence and the At-
torney General shall submit to the appro-
priate committees of Congress— 
‘‘(1) in the case of an application, a 
copy of the application, including the cer-
tification made under section 105B(b)(1); 
and 
‘‘(2) in the case of an order, a copy of 
the order, including the procedures and 
guidelines 
referred 
to 
in 
section 
105B(e)(1)(E). 
‘‘(b) QUARTERLY AUDITS.— 
‘‘(1) AUDIT.—Not later than 120 days 
after the date of the enactment of this 
section, and every 120 days thereafter 
until the expiration of all orders issued 
under section 105B, the Inspector Gen-
eral of the Department of Justice shall 
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complete an audit on the implementation 
of and compliance with the procedures 
and guidelines referred to in section 
105B(e)(1)(E) and shall submit to the ap-
propriate committees of Congress, the At-
torney General, the Director of National 
Intelligence, and the court established 
under section 103(a) the results of such 
audit, including, for each order author-
izing the acquisition of foreign intel-
ligence under section 105B— 
‘‘(A) the number of targets of an 
acquisition under such order that 
were later determined to be located 
in the United States; 
‘‘(B) the number of persons lo-
cated in the United States whose 
communications have been acquired 
under such order; 
‘‘(C) the number and nature of re-
ports disseminated containing infor-
mation on a United States person 
that was collected under such order; 
and 
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‘‘(D) the number of applications 
submitted for approval of electronic 
surveillance under section 104 for 
targets whose communications were 
acquired under such order. 
‘‘(2) REPORT.—Not later than 30 days 
after the completion of an audit under 
paragraph (1), the Attorney General shall 
submit to the appropriate committees of 
Congress and the court established under 
section 103(a) a report containing the re-
sults of such audit. 
‘‘(c) COMPLIANCE REPORTS.—Not later than 
60 days after the date of the enactment of this 
section, and every 120 days thereafter until 
the expiration of all orders issued under sec-
tion 105B, the Director of National Intel-
ligence and the Attorney General shall submit 
to the appropriate committees of Congress 
and the court established under section 103(a) 
a report concerning acquisitions under sec-
tion 105B during the previous 120-day period. 
Each report submitted under this section 
shall include a description of any incidents of 
non-compliance with an order issued under 
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section 105B(e), including incidents of non- 
compliance by— 
‘‘(1) an element of the intelligence 
community 
with 
minimization 
proce-
dures 
referred 
to 
in 
section 
105B(e)(1)(E)(i); 
‘‘(2) an element of the intelligence 
community with procedures referred to 
in section 105B(e)(1)(E)(ii); 
‘‘(3) an element of the intelligence 
community with guidelines referred to in 
section 105B(e)(1)(E)(iii); and 
‘‘(4) a person directed to provide in-
formation, facilities, or technical assist-
ance under such order. 
‘‘(d) REPORT ON EMERGENCY AUTHORITY.— 
The Director of National Intelligence and the 
Attorney General shall annually submit to the 
appropriate committees of Congress a report 
containing the number of emergency author-
izations of acquisitions under section 105C 
and a description of any incidents of non-com-
pliance with an emergency authorization 
under such section. 
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‘‘(e) APPROPRIATE
COMMITTEES
OF
CON-
GRESS DEFINED.—In this section, the term ‘ap-
propriate committees of Congress’ means— 
‘‘(1) the Permanent Select Committee 
on Intelligence of the House of Rep-
resentatives; 
‘‘(2) the Select Committee on Intel-
ligence of the Senate; and 
‘‘(3) the Committees on the Judiciary 
of the House of Representatives and the 
Senate.’’. 
SEC. 6. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN 
BANC. 
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) In any case where the court estab-
lished under subsection (a) or a judge of such 
court is required to review a matter under 
this Act, the court may, at the discretion of 
the court, sit en banc to review such matter 
and issue any orders related to such matter.’’. 
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SEC. 7. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
MATTERS. 
(a) AUTHORITY FOR ADDITIONAL JUDGES.— 
Section 103(a) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1803(a)) is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) in paragraph (1) (as so des-
ignated)— 
(A) by striking ‘‘11’’ and inserting 
‘‘15’’; and 
(B) by inserting ‘‘at least’’ before 
‘‘seven of the United States judicial 
circuits’’; and 
(3) by designating the second sen-
tence as paragraph (3) and indenting 
such paragraph, as so designated. 
(b) CONSIDERATION OF EMERGENCY APPLICA-
TIONS.—Such section is further amended by 
inserting after paragraph (1) (as designated 
by subsection (a)(1)) the following new para-
graph: 
‘‘(2) A judge of the court shall make a de-
termination to approve, deny, or modify an 
application submitted pursuant to section 
105(f), section 304(e), or section 403 not later 
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than 24 hours after the receipt of such appli-
cation by the court.’’. 
SEC. 8. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 
18, UNITED STATES CODE, AND FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978 AS 
EXCLUSIVE MEANS BY WHICH DOMESTIC 
ELECTRONIC SURVEILLANCE MAY BE CON-
DUCTED. 
(a) EXCLUSIVE MEANS.—Section 2511(2)(f) 
of title 18, United States Code, is amended by 
striking ‘‘and procedures in this chapter’’ and 
all that follows and inserting ‘‘and procedures 
in this chapter, chapters 121 and 206, and the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) shall be the exclusive 
means by which electronic surveillance (as 
defined in section 101(f) of such Act), the 
interception of domestic wire, oral, and elec-
tronic communications, the accessing of 
stored electronic communications, and the in-
stallation and use of pen registers and trap 
and trace devices may be conducted.’’. 
(b) AMENDMENT TO FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978.— 
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(1) SECTION 109(a).—Section 109(a) of 
the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1809(a)) is amended by 
striking ‘‘authorized by statute’’ each 
place it appears and inserting ‘‘author-
ized by title I or IV of the Foreign Intel-
ligence Surveillance Act (50 U.S.C. 1801– 
1811 and 1841–1846), or chapter 119, 121, 
or 206 of title 18, United States Code’’. 
(2) SECTION 307(a).—Section 307(a)(1) 
of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1827(a)) is amended 
by striking ‘‘as authorized by statute’’ 
and inserting ‘‘as authorized by title III 
of the Foreign Intelligence Surveillance 
Act (50 U.S.C. 1821–1829) or Rule 41 of the 
Federal Rules of Criminal Procedure or 
any other warrant issued by a court of 
competent jurisdiction’’. 
(c) AMENDMENT TO TITLE 18, UNITED STATES 
CODE.—Section 2511(2)(a)(ii)(B) of title 18, 
United States Code, is amended by striking 
‘‘statutory requirements’’ and inserting ‘‘re-
quirements under this chapter, chapters 121 
and 206, and titles I and IV of the Foreign In-
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telligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.)’’. 
SEC. 9. ENHANCEMENT OF ELECTRONIC SURVEILLANCE 
AUTHORITY IN WARTIME AND OTHER COL-
LECTION. 
Sections 111, 309, and 404 of the Foreign 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1811, 1829, and 1844) are amended by 
striking ‘‘Congress’’ and inserting ‘‘Congress 
or an authorization for the use of military 
force described in section 2(c)(2) of the War 
Powers Resolution (50 U.S.C. 1541(c)(2)) if 
such authorization contains a specific author-
ization for foreign intelligence collection 
under this section, or if the Congress is un-
able to convene because of an attack upon the 
United States’’. 
SEC. 10. AUDIT OF WARRANTLESS SURVEILLANCE PRO-
GRAMS. 
(a) AUDIT.—Not later than 180 days after 
the date of the enactment of this Act, the In-
spector General of the Department of Justice 
shall complete an audit of all programs of the 
Federal Government involving the acquisi-
tion of communications conducted without a 
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court order on or after September 11, 2001, in-
cluding the Terrorist Surveillance Program 
referred to by the President in a radio ad-
dress on December 17, 2005. Such audit shall 
include acquiring all documents relevant to 
such programs, including memoranda con-
cerning the legal authority of a program, au-
thorizations of a program, certifications to 
telecommunications carriers, and court or-
ders. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 30 
days after the completion of the audit 
under subsection (a), the Inspector Gen-
eral shall submit to the Permanent Select 
Committee on Intelligence and the Com-
mittee on the Judiciary of the House of 
Representatives and the Select Com-
mittee on Intelligence and the Committee 
on the Judiciary of the Senate a report 
containing the results of such audit, in-
cluding all documents acquired pursuant 
to conducting such audit. 
(2) FORM.—The report under para-
graph (1) shall be submitted in unclassi-
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fied form, but may include a classified 
annex. 
(c) EXPEDITED SECURITY CLEARANCE.—The 
Director of National Intelligence shall ensure 
that the process for the investigation and ad-
judication of an application by the Inspector 
General or the appropriate staff of the Office 
of the Inspector General of the Department of 
Justice for a security clearance necessary for 
the conduct of the audit under subsection (a) 
is conducted as expeditiously as possible. 
SEC. 11. RECORD-KEEPING SYSTEM ON ACQUISITION OF 
COMMUNICATIONS OF UNITED STATES PER-
SONS. 
(a) RECORD-KEEPING SYSTEM.—The Direc-
tor of National Intelligence and the Attorney 
General shall jointly develop and maintain a 
record-keeping system that will keep track 
of— 
(1) the instances where the identity of 
a United States person whose commu-
nications were acquired was disclosed by 
an element of the intelligence community 
(as defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4))) 
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that collected the communications to 
other departments or agencies of the 
United States; and 
(2) the departments and agencies of 
the Federal Government and persons to 
whom such identity information was dis-
closed. 
(b) REPORT.—The Director of National In-
telligence and the Attorney General shall an-
nually submit to the Permanent Select Com-
mittee on Intelligence and the Committee on 
the Judiciary of the House of Representatives 
and the Select Committee on Intelligence and 
the Committee on the Judiciary of the Senate 
a report on the record-keeping system created 
under subsection (a), including the number of 
instances referred to in paragraph (1). 
SEC. 12. AUTHORIZATION FOR INCREASED RESOURCES RE-
LATING TO FOREIGN INTELLIGENCE SUR-
VEILLANCE. 
There are authorized to be appropriated 
the Department of Justice, for the activities of 
the Office of the Inspector General, the Office 
of Intelligence Policy and Review, and other 
appropriate elements of the National Security 
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Division, and the National Security Agency 
such sums as may be necessary to meet the 
personnel and information technology de-
mands to ensure the timely and efficient proc-
essing of— 
(1) applications and other submis-
sions to the court established under sec-
tion 103(a) of the Foreign Intelligence 
Surveillance 
Act 
of 
1978 
(50 
U.S.C. 
1803(a)); 
(2) the audit and reporting require-
ments under— 
(A) section 105D of such Act; and 
(B) section 10; and 
(3) the record-keeping system and re-
porting requirements under section 11. 
SEC. 13. ADDITIONAL PERSONNEL FOR PREPARATION AND 
CONSIDERATION OF APPLICATIONS FOR OR-
DERS 
APPROVING 
ELECTRONIC 
SURVEIL-
LANCE AND PHYSICAL SEARCH. 
(a) OFFICE
OF INTELLIGENCE
OF
THE NA-
TIONAL SECURITY DIVISION.— 
(1) ADDITIONAL
PERSONNEL.—The Of-
fice of Intelligence of the National Secu-
rity Division of the Department of Justice 
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is hereby authorized such additional per-
sonnel as may be necessary to carry out 
the prompt and timely preparation, modi-
fication, and review of applications under 
Foreign Intelligence Surveillance Act of 
1978 for orders under that Act for foreign 
intelligence purposes. 
(2) ASSIGNMENT.—The Attorney Gen-
eral shall assign personnel authorized by 
paragraph (1) to and among appropriate 
offices of the intelligence community (as 
defined in section 3(4) of the National Se-
curity Act of 1947 (50 U.S.C. 401a(4))) in 
order that such personnel may directly 
assist personnel of the Intelligence Com-
munity in preparing applications de-
scribed in that paragraph and conduct 
prompt and effective oversight of the ac-
tivities of such agencies under Foreign 
Intelligence Surveillance Court orders. 
(b) DIRECTOR OF NATIONAL INTELLIGENCE.— 
(1) ADDITIONAL LEGAL AND OTHER PER-
SONNEL.—The Director of National Intel-
ligence is hereby authorized such addi-
tional legal and other personnel as may 
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be necessary to carry out the prompt and 
timely preparation of applications under 
the Foreign Intelligence Surveillance Act 
of 1978 for orders under that Act approv-
ing electronic surveillance for foreign in-
telligence purposes. 
(2) ASSIGNMENT.—The Director of Na-
tional Intelligence shall assign personnel 
authorized by paragraph (1) to and 
among the intelligence community (as de-
fined in section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 401a(4))), in-
cluding the field offices of the Federal 
Bureau of Investigation, in order that 
such personnel may directly assist per-
sonnel of the intelligence community in 
preparing applications described in that 
paragraph. 
(c) ADDITIONAL LEGAL
AND OTHER PER-
SONNEL
FOR FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT.—There is hereby authorized for 
the court established under section 103(a) of 
the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1803(a)) such additional staff 
personnel as may be necessary to facilitate 
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the prompt and timely consideration by that 
court of applications under such Act for or-
ders under such Act approving electronic sur-
veillance for foreign intelligence purposes. 
Personnel authorized by this paragraph shall 
perform such duties relating to the consider-
ation of such applications as that court shall 
direct. 
(d) SUPPLEMENT NOT SUPPLANT.—The per-
sonnel authorized by this section are in addi-
tion to any other personnel authorized by 
law. 
SEC. 14. DOCUMENT MANAGEMENT SYSTEM FOR APPLICA-
TIONS 
FOR 
ORDERS 
APPROVING 
ELEC-
TRONIC SURVEILLANCE. 
(a) SYSTEM REQUIRED.—The Attorney Gen-
eral shall, in consultation with the Director of 
National Intelligence and the Foreign Intel-
ligence Surveillance Court, develop and im-
plement a secure, classified document man-
agement system that permits the prompt 
preparation, modification, and review by ap-
propriate personnel of the Department of Jus-
tice, the Federal Bureau of Investigation, the 
National Security Agency, and other applica-
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ble elements of the United States Government 
of applications under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804) be-
fore their submission to the Foreign Intel-
ligence Surveillance Court. 
(b) SCOPE OF SYSTEM.—The document man-
agement system required by subsection (a) 
shall— 
(1) permit and facilitate the prompt 
submittal of applications to the Foreign 
Intelligence Surveillance Court under the 
Foreign Intelligence Surveillance Act of 
1978; and 
(2) permit and facilitate the prompt 
transmittal of rulings of the Foreign In-
telligence Surveillance Court to per-
sonnel submitting applications described 
in paragraph (1), and provide for the se-
cure electronic storage and retrieval of 
all such applications and related matters 
with the court and for their secure trans-
mission to the National Archives and 
Records Administration. 
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SEC. 15. TRAINING OF INTELLIGENCE COMMUNITY PER-
SONNEL IN FOREIGN INTELLIGENCE COL-
LECTION MATTERS. 
The Director of National Intelligence 
shall, in consultation with the Attorney Gen-
eral— 
(1) develop regulations to establish 
procedures for conducting and seeking 
approval of electronic surveillance, phys-
ical search, and the installation and use 
of pen registers and trap and trace de-
vices on an emergency basis, and for pre-
paring and properly submitting and re-
ceiving applications and orders under 
the Foreign Intelligence Surveillance Act 
of 1978; and 
(2) prescribe related training on the 
Foreign Intelligence Surveillance Act of 
1978 and related legal matters for the 
personnel of the applicable agencies of 
the intelligence community (as defined in 
section 3(4) of the National Security Act 
of 1947 (50 U.S.C. 401a(4))). 
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SEC. 16. INFORMATION FOR CONGRESS ON THE TERRORIST 
SURVEILLANCE PROGRAM AND SIMILAR PRO-
GRAMS. 
As soon as practicable after the date of 
the enactment of this Act, but not later than 
seven days after such date, the President 
shall fully inform each member of the Perma-
nent Select Committee on Intelligence of the 
House of Representatives and the Select Com-
mittee on Intelligence of the Senate on the fol-
lowing: 
(1) The Terrorist Surveillance Pro-
gram of the National Security Agency. 
(2) Any program in existence from 
September 11, 2001, until the effective 
date of this Act that involves, whether in 
part or in whole, the electronic surveil-
lance of United States persons in the 
United States for foreign intelligence or 
other purposes, and which is conducted 
by any department, agency, or other ele-
ment of the United States Government, or 
by any entity at the direction of a depart-
ment, agency, or other element of the 
United States Government, without fully 
complying with the procedures set forth 
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Union Calendar No. 231 
110TH CONGRESS 
1ST SESSION 
H. R. 3773 
[Report No. 110–373, Parts I and II] 
A BILL 
To amend the Foreign Intelligence Surveillance Act 
of 1978 to establish a procedure for authorizing 
certain acquisitions of foreign intelligence, and 
for other purposes. 
OCTOBER 12, 2007 
Reported from the Committee on the Judiciary with an 
amendment 
OCTOBER 12, 2007 
Reported from the Permanent Select Committee on Intel-
ligence with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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