‘‘(1) the identity of the Federal officer making 
the application; 
‘‘(2) the identity, if known, or a description of 
the specific United States person who is the target of 
the acquisition; 
‘‘(3) a statement of the facts and circumstances 
relied upon to justify the applicant’s belief that the 
United States person who is the target of the acquisi-
tion is— 
‘‘(A) a person reasonably believed to be lo-
cated outside the United States; and 
‘‘(B) a foreign power, an agent of a foreign 
power, or an officer or employee of a foreign 
power; 
‘‘(4) a statement of proposed minimization pro-
cedures that— 
‘‘(A) in the case of electronic surveillance, 
meet the definition of minimization procedures 
in section 101(h); and 
‘‘(B) in the case of a physical search, meet 
the definition of minimization procedures in sec-
tion 301(4); 
‘‘(5) a certification made by the Attorney Gen-
eral, an official specified in section 104(a)(6), or the
head of an element of the intelligence community 
that— 
‘‘(A) the certifying official deems the infor-
mation sought to be foreign intelligence informa-
tion; and 
‘‘(B) a significant purpose of the acquisi-
tion is to obtain foreign intelligence information; 
‘‘(6) a statement of the facts concerning any pre-
vious applications that have been made to any judge 
of the Foreign Intelligence Surveillance Court involv-
ing the United States person specified in the applica-
tion and the action taken on each previous applica-
tion; and 
‘‘(7) a statement of the period of time for which 
the acquisition is required to be maintained, provided 
that such period of time shall not exceed 90 days per 
application. 
‘‘(c) ORDER.— 
‘‘(1) FINDINGS.—Upon an application made 
pursuant to subsection (b), the Foreign Intelligence 
Surveillance Court shall enter an ex parte order as 
requested or as modified by the Court if the Court 
finds that—
‘‘(A) the application has been made by a 
Federal officer and approved by the Attorney 
General; 
‘‘(B) on the basis of the facts submitted by 
the applicant, for the United States person who 
is the target of the acquisition, there is probable 
cause to believe that the target is— 
‘‘(i) a person reasonably believed to be 
located outside the United States; and 
‘‘(ii) a foreign power, an agent of a 
foreign power, or an officer or employee of 
a foreign power; 
‘‘(C) the proposed minimization proce-
dures— 
‘‘(i) in the case of electronic surveil-
lance, meet the definition of minimization 
procedures in section 101(h); and 
‘‘(ii) in the case of a physical search, 
meet the definition of minimization proce-
dures in section 301(4); 
‘‘(D) the application that has been filed 
contains all statements and certifications re-
quired by subsection (b) and the certification 
provided under subsection (b)(5) is not clearly
erroneous on the basis of the information fur-
nished under subsection (b). 
‘‘(2) PROBABLE CAUSE.—In determining wheth-
er or not probable cause exists for purposes of an 
order under paragraph (1)(B), a judge having juris-
diction under subsection (a)(1) may consider past ac-
tivities of the target and facts and circumstances re-
lating to current or future activities of the target. No 
United States person may be considered a foreign 
power, agent of a foreign power, or officer or em-
ployee of a foreign power solely upon the basis of ac-
tivities protected by the first amendment to the Con-
stitution of the United States. 
‘‘(3) REVIEW.— 
‘‘(A) LIMITATIONS ON REVIEW.—Review by 
a judge having jurisdiction under subsection 
(a)(1) shall be limited to that required to make 
the findings described in paragraph (1). The 
judge shall not have jurisdiction to review the 
means by which an acquisition under this sec-
tion may be conducted. 
‘‘(B) REVIEW OF PROBABLE CAUSE.—If the 
judge determines that the facts submitted under 
subsection (b) are insufficient to establish prob-
able cause under paragraph (1)(B), the judge
shall enter an order so stating and provide a 
written statement for the record of the reasons 
for such determination. The Government may 
appeal an order under this clause pursuant to 
subsection (e). 
‘‘(C) REVIEW
OF
MINIMIZATION
PROCE-
DURES.—If the judge determines that the pro-
posed minimization procedures referred to in 
paragraph (1)(C) do not meet the definition of 
minimization procedures as required under such 
paragraph, the judge shall enter an order so stat-
ing and provide a written statement for the 
record of the reasons for such determination. The 
Government may appeal an order under this 
clause pursuant to subsection (e). 
‘‘(D) SCOPE
OF
REVIEW
OF
CERTIFI-
CATION.—If the judge determines that an appli-
cation under subsection (b) does not contain all 
the required elements, or that the certification 
provided under subsection (b)(5) is clearly erro-
neous on the basis of the information furnished 
under subsection (b), the judge shall enter an 
order so stating and provide a written statement 
for the record of the reasons for such determina-
tion. The Government may appeal an order 
under this clause pursuant to subsection (e). 
‘‘(4) DURATION.—An order under this para-
graph shall be effective for a period not to exceed 90 
days and such order may be renewed for additional 
90-day periods upon submission of renewal applica-
tions meeting the requirements of subsection (b). 
‘‘(5) COMPLIANCE.—At or prior to the end of the 
period of time for which an order or extension is 
granted under this section, the judge may assess com-
pliance with the minimization procedures referred to 
in paragraph (1)(C) by reviewing the circumstances 
under which information concerning United States 
persons was disseminated, provided that the judge 
may not inquire into the circumstances relating to 
the conduct of the acquisition. 
‘‘(d) EMERGENCY AUTHORIZATION.— 
‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA-
TION.—Notwithstanding any other provision of this 
section, if the Attorney General reasonably determines 
that— 
‘‘(A) an emergency situation exists with re-
spect to the acquisition of foreign intelligence in-
formation for which an order may be obtained 
under subsection (c) before an order under that
subsection may, with due diligence, be obtained, 
and 
‘‘(B) the factual basis for the issuance of an 
order under this section exists, 
the Attorney General may authorize such acquisition 
if a judge having jurisdiction under subsection (a)(1) 
is informed by the Attorney General or a designee of 
the Attorney General at the time of such authoriza-
tion that the decision has been made to conduct such 
acquisition and if an application in accordance with 
this section is made to a judge of the Foreign Intel-
ligence Surveillance Court as soon as practicable, but 
not more than 7 days after the Attorney General au-
thorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the Attor-
ney General authorizes an emergency acquisition 
under paragraph (1), the Attorney General shall re-
quire that the minimization procedures referred to in 
subsection (c)(1)(C) be followed. 
‘‘(3) TERMINATION OF EMERGENCY AUTHORIZA-
TION.—In the absence of an order under subsection 
(c), the acquisition authorized under paragraph (1) 
shall terminate when the information sought is ob-
tained, if the application for the order is denied, or
after the expiration of 7 days from the time of author-
ization by the Attorney General, whichever is earliest. 
‘‘(4) USE OF INFORMATION.—If an application 
submitted pursuant to paragraph (1) is denied, or in 
any other case where an acquisition under this sec-
tion is terminated and no order with respect to the 
target of the acquisition is issued under subsection 
(c), no information obtained or evidence derived from 
such acquisition, except under circumstances in which 
the target of the acquisition is determined not to be 
a United States person, shall be received in evidence 
or otherwise disclosed in any trial, hearing, or other 
proceeding in or before any court, grand jury, depart-
ment, office, agency, regulatory body, legislative com-
mittee, or other authority of the United States, a 
State, or political subdivision thereof, and no infor-
mation concerning any United States person acquired 
from such acquisition shall subsequently be used or 
disclosed in any other manner by Federal officers or 
employees without the consent of such person, except 
with the approval of the Attorney General if the in-
formation indicates a threat of death or serious bodily 
harm to any person. 
‘‘(e) APPEAL.—
‘‘(1) APPEAL TO THE COURT OF REVIEW.—The 
Government may file an appeal with the Foreign In-
telligence Surveillance Court of Review for review of 
an order issued pursuant to subsection (c). The Court 
of Review shall have jurisdiction to consider such ap-
peal and shall provide a written statement for the 
record of the reasons for a decision under this para-
graph. 
‘‘(2) CERTIORARI TO THE SUPREME COURT.— 
The Government may file a petition for a writ of cer-
tiorari for review of a decision of the Court of Review 
issued under paragraph (1). The record for such re-
view shall be transmitted under seal to the Supreme 
Court of the United States, which shall have jurisdic-
tion to review such decision. 
‘‘SEC. 705. JOINT APPLICATIONS AND CONCURRENT AU-
THORIZATIONS. 
‘‘(a) JOINT APPLICATIONS AND ORDERS.—If an acqui-
sition targeting a United States person under section 703 
or section 704 is proposed to be conducted both inside and 
outside the United States, a judge having jurisdiction under 
section 703(a)(1) or section 704(a)(1) may issue simulta-
neously, upon the request of the Government in a joint ap-
plication complying with the requirements of section 703(b)
and section 704(b), orders under section 703(c) and section 
704(c), as appropriate. 
‘‘(b) CONCURRENT AUTHORIZATION.— 
‘‘(1) ELECTRONIC SURVEILLANCE.—If an order 
authorizing electronic surveillance has been obtained 
under section 105 and that order is still in effect, 
during the pendency of that order the Attorney Gen-
eral may authorize, without an order under section 
703 or 704, electronic surveillance for the purpose of 
acquiring foreign intelligence information targeting 
that United States person while such person is rea-
sonably believed to be located outside the United 
States. 
‘‘(2) PHYSICAL
SEARCH.—If an order author-
izing a physical search has been obtained under sec-
tion 304 and that order is still in effect, during the 
pendency of that order the Attorney General may au-
thorize, without an order under section 703 or 704, 
a physical search for the purpose of acquiring foreign 
intelligence information targeting that United States 
person while such person is reasonably believed to be 
located outside the United States.
‘‘SEC. 706. USE OF INFORMATION ACQUIRED UNDER TITLE 
VII. 
‘‘Information acquired pursuant to section 702 or 703 
shall be considered information acquired from an electronic 
surveillance pursuant to title I for purposes of section 106. 
‘‘SEC. 707. CONGRESSIONAL OVERSIGHT. 
‘‘(a) SEMIANNUAL REPORT.—Not less frequently than 
once every 6 months, the Attorney General shall fully in-
form, in a manner consistent with national security, the 
congressional intelligence committees and the Committees 
on the Judiciary of the Senate and the House of Representa-
tives, concerning the implementation of this title. 
‘‘(b) CONTENT.—Each report made under subsection 
(a) shall include— 
‘‘(1) with respect to section 702— 
‘‘(A) any certifications made under section 
702(g) during the reporting period; 
‘‘(B) with respect to each certification made 
under paragraph (1)(B) of such section, the rea-
sons for exercising the authority under such 
paragraph; 
‘‘(C) any directives issued under section 
702(h) during the reporting period; 
‘‘(D) a description of the judicial review 
during the reporting period of any such certifi-
cations and targeting and minimization proce-
dures adopted pursuant to subsections (d) and 
(e) of section 702 utilized with respect to such 
acquisition, including a copy of any order or 
pleading in connection with such review that 
contains a significant legal interpretation of the 
provisions of section 702; 
‘‘(E) any actions taken to challenge or en-
force a directive under paragraph (4) or (5) of 
section 702(h); 
‘‘(F) any compliance reviews conducted by 
the Attorney General or the Director of National 
Intelligence of acquisitions authorized under sub-
section 702(a); 
‘‘(G) a description of any incidents of non-
compliance with a directive issued by the Attor-
ney General and the Director of National Intel-
ligence under subsection 702(h), including— 
‘‘(i) incidents of noncompliance by an 
element of the intelligence community with 
procedures and guidelines adopted pursuant 
to subsections (d), (e), and (f) of section 
702; and 
‘‘(ii) incidents of noncompliance by a 
specified person to whom the Attorney Gen-
eral and Director of National Intelligence
issued a directive under subsection 702(h); 
and 
‘‘(H) any procedures implementing section 
702; 
‘‘(2) with respect to section 703— 
‘‘(A) the total number of applications made 
for orders under section 703(b); 
‘‘(B) the total number of such orders— 
‘‘(i) granted; 
‘‘(ii) modified; or 
‘‘(iii) denied; and 
‘‘(C) the total number of emergency acquisi-
tions authorized by the Attorney General under 
section 703(d) and the total number of subse-
quent orders approving or denying such acquisi-
tions; and 
‘‘(3) with respect to section 704— 
‘‘(A) the total number of applications made 
for orders under 704(b); 
‘‘(B) the total number of such orders— 
‘‘(i) granted; 
‘‘(ii) modified; or 
‘‘(iii) denied; and 
‘‘(C) the total number of emergency acquisi-
tions authorized by the Attorney General under
subsection 704(d) and the total number of subse-
quent orders approving or denying such applica-
tions. 
‘‘SEC. 708. SAVINGS PROVISION. 
‘‘Nothing in this title shall be construed to limit the 
authority of the Federal Government to seek an order or 
authorization under, or otherwise engage in any activity 
that is authorized under, any other title of this Act.’’. 
(b) TABLE OF CONTENTS.—The table of contents in the 
first section of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et. seq.) is amended— 
(1) by striking the item relating to title VII; 
(2) by striking the item relating to section 701; 
and 
(3) by adding at the end the following: 
‘‘TITLE VII—ADDITIONAL PROCEDURES REGARDING CERTAIN 
PERSONS OUTSIDE THE UNITED STATES 
‘‘Sec. 701. Definitions. 
‘‘Sec. 702. Procedures for targeting certain persons outside the United States 
other than United States persons. 
‘‘Sec. 703. Certain acquisitions inside the United States of United States persons 
outside the United States. 
‘‘Sec. 704. Other acquisitions targeting United States persons outside the United 
States. 
‘‘Sec. 705. Joint applications and concurrent authorizations. 
‘‘Sec. 706. Use of information acquired under title VII. 
‘‘Sec. 707. Congressional oversight. 
‘‘Sec. 708. Savings provision.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 18, UNITED STATES CODE.—Section 
2511(2)(a)(ii)(A) of title 18, United States Code, is 
amended by inserting ‘‘or a court order pursuant to
section 704 of the Foreign Intelligence Surveillance 
Act of 1978’’ after ‘‘assistance’’. 
(2) FOREIGN INTELLIGENCE SURVEILLANCE ACT 
OF 1978.—Section 601(a)(1) of the Foreign Intel-
ligence 
Surveillance 
Act 
of 
1978 
(50 
U.S.C. 
1871(a)(1)) is amended— 
(A) in subparagraph (C), by striking 
‘‘and’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(E) acquisitions under section 703; and 
‘‘(F) acquisitions under section 704;’’. 
SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH 
ELECTRONIC SURVEILLANCE AND INTERCEP-
TION OF CERTAIN COMMUNICATIONS MAY BE 
CONDUCTED. 
(a) STATEMENT OF EXCLUSIVE MEANS.—Title I of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by adding at the end the following 
new section: 
‘‘STATEMENT
OF
EXCLUSIVE
MEANS
BY
WHICH
ELEC-
TRONIC SURVEILLANCE AND INTERCEPTION OF CER-
TAIN COMMUNICATIONS MAY BE CONDUCTED 
‘‘SEC. 112. (a) Except as provided in subsection (b), 
the procedures of chapters 119, 121, and 206 of title 18, 
United States Code, and this Act shall be the exclusive
means by which electronic surveillance and the interception 
of domestic wire, oral, or electronic communications may 
be conducted. 
‘‘(b) Only an express statutory authorization for elec-
tronic surveillance or the interception of domestic wire, 
oral, or electronic communications, other than as an 
amendment to this Act or chapters 119, 121, or 206 of title 
18, United States Code, shall constitute an additional exclu-
sive means for the purpose of subsection (a).’’. 
(b) OFFENSE.—Section 109(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is 
amended by striking ‘‘authorized by statute’’ each place it 
appears in such section and inserting ‘‘authorized by this 
Act, chapter 119, 121, or 206 of title 18, United States 
Code, or any express statutory authorization that is an ad-
ditional exclusive means for conducting electronic surveil-
lance under section 112.’’; and 
(c) CONFORMING AMENDMENTS.— 
(1) TITLE 18, UNITED STATES CODE.—Section 
2511(2)(a) of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(iii) If a certification under subpara-
graph (ii)(B) for assistance to obtain for-
eign intelligence information is based on 
statutory authority, the certification shall
identify the specific statutory provision, 
and shall certify that the statutory require-
ments have been met.’’; and 
(2) TABLE OF CONTENTS.—The table of contents 
in the first section of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 
by inserting after the item relating to section 111 the 
following new item: 
‘‘Sec. 112. Statement of exclusive means by which electronic surveillance and 
interception of certain communications may be conducted.’’. 
SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT 
ORDERS 
UNDER 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
(a) INCLUSION OF CERTAIN ORDERS IN SEMIANNUAL 
REPORTS OF ATTORNEY GENERAL.—Subsection (a)(5) of 
section 601 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1871) is amended by striking ‘‘(not includ-
ing orders)’’ and inserting ‘‘, orders,’’. 
(b) REPORTS BY ATTORNEY GENERAL ON CERTAIN 
OTHER ORDERS.—Such section 601 is further amended by 
adding at the end the following: 
‘‘(c) SUBMISSIONS TO CONGRESS.—The Attorney Gen-
eral shall submit to the committees of Congress referred to 
in subsection (a)— 
‘‘(1) a copy of any decision, order, or opinion 
issued by the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Re-
view that includes significant construction or inter-
pretation of any provision of this Act, and any plead-
ings, applications, or memoranda of law associated 
with such decision, order, or opinion, not later than 
45 days after such decision, order, or opinion is 
issued; and 
‘‘(2) a copy of any such decision, order, or opin-
ion, and any pleadings, applications, or memoranda 
of law associated with such decision, order, or opin-
ion, that was issued during the 5-year period ending 
on the date of the enactment of the FISA Amendments 
Act of 2008 and not previously submitted in a report 
under subsection (a). 
‘‘(d) PROTECTION OF NATIONAL SECURITY.—The At-
torney General, in consultation with the Director of Na-
tional Intelligence, may authorize redactions of materials 
described in subsection (c) that are provided to the commit-
tees of Congress referred to in subsection (a), if such 
redactions are necessary to protect the national security of 
the United States and are limited to sensitive sources and 
methods information or the identities of targets.’’. 
(c) DEFINITIONS.—Such section 601, as amended by 
subsections (a) and (b), is further amended by adding at 
the end the following:
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—The term ‘Foreign Intelligence Surveillance 
Court’ means the court established by section 103(a). 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT OF REVIEW.—The term ‘Foreign Intelligence 
Surveillance Court of Review’ means the court estab-
lished by section 103(b).’’. 
SEC. 104. 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 (2) and (11); 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (10) as paragraphs (2) through (9), re-
spectively; 
(C) in paragraph (5), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘detailed’’; 
(D) in paragraph (7), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘statement of’’ and inserting ‘‘summary state-
ment of’’;
(E) in paragraph (8), as redesignated by 
subparagraph (B) of this paragraph, by adding 
‘‘and’’ at the end; and 
(F) in paragraph (9), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘; and’’ and inserting a period; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) through (e) 
as subsections (b) through (d), respectively; and 
(4) in paragraph (1)(A) of subsection (d), as re-
designated by paragraph (3) of this subsection, by 
striking ‘‘or the Director of National Intelligence’’ 
and inserting ‘‘the Director of National Intelligence, 
or the Director of the Central Intelligence Agency’’. 
SEC. 105. ISSUANCE OF AN ORDER. 
Section 105 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1805) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); and 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; 
(2) in subsection (b), by striking ‘‘(a)(3)’’ and 
inserting ‘‘(a)(2)’’; 
(3) in subsection (c)(1)—
(A) in subparagraph (D), by adding ‘‘and’’ 
at the end; 
(B) in subparagraph (E), by striking ‘‘; 
and’’ and inserting a period; and 
(C) by striking subparagraph (F); 
(4) by striking subsection (d); 
(5) by redesignating subsections (e) through (i) 
as subsections (d) through (h), respectively; 
(6) by amending subsection (e), as redesignated 
by paragraph (5) of this section, to read as follows: 
‘‘(e)(1) Notwithstanding any other provision of this 
title, the Attorney General may authorize the emergency 
employment of electronic surveillance if the Attorney Gen-
eral— 
‘‘(A) reasonably determines that an emer-
gency situation exists with respect to the employ-
ment of electronic surveillance to obtain foreign 
intelligence information before an order author-
izing such surveillance can with due diligence be 
obtained; 
‘‘(B) reasonably determines that the factual 
basis for the issuance of an order under this title 
to approve such electronic surveillance exists; 
‘‘(C) informs, either personally or through a 
designee, a judge having jurisdiction under sec-
tion 103 at the time of such authorization that 
the decision has been made to employ emergency 
electronic surveillance; and 
‘‘(D) makes an application in accordance 
with this title to a judge having jurisdiction 
under section 103 as soon as practicable, but not 
later than 7 days after the Attorney General au-
thorizes such surveillance. 
‘‘(2) If the Attorney General authorizes the emer-
gency employment of electronic surveillance under 
paragraph (1), the Attorney General shall require 
that the minimization procedures required by this 
title for the issuance of a judicial order be followed. 
‘‘(3) In the absence of a judicial order approving 
such electronic surveillance, the surveillance shall ter-
minate 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 authoriza-
tion by the Attorney General, whichever is earliest. 
‘‘(4) A denial of the application made under this 
subsection may be reviewed as provided in section 
103. 
‘‘(5) In the event that such application for ap-
proval is denied, or in any other case where the elec-
tronic surveillance is terminated and no order is
issued approving the surveillance, no information ob-
tained or evidence derived from such surveillance 
shall be received in evidence or otherwise disclosed in 
any trial, hearing, or other proceeding in or before 
any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other au-
thority of the United States, a State, or political sub-
division thereof, and no information concerning any 
United States person acquired from such surveillance 
shall subsequently be used or disclosed in any other 
manner by Federal officers or employees without the 
consent of such person, except with the approval of the 
Attorney General if the information indicates a threat 
of death or serious bodily harm to any person. 
‘‘(6) The Attorney General shall assess compli-
ance with the requirements of paragraph (5).’’; and 
(7) by adding at the end the following: 
‘‘(i) In any case in which the Government makes an 
application to a judge under this title to conduct electronic 
surveillance involving communications and the judge 
grants such application, upon the request of the applicant, 
the judge shall also authorize the installation and use of 
pen registers and trap and trace devices, and direct the dis-
closure of the information set forth in section 402(d)(2).’’.
SEC. 106. USE OF INFORMATION. 
Subsection (i) of section 106 of the Foreign Intelligence 
Surveillance Act of 1978 (8 U.S.C. 1806) is amended by 
striking ‘‘radio communication’’ and inserting ‘‘commu-
nication’’. 
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES. 
(a) APPLICATIONS.—Section 303 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1823) is amend-
ed— 
(1) in subsection (a)— 
(A) by striking paragraph (2); 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (9) as paragraphs (2) through (8), re-
spectively; 
(C) in paragraph (2), as redesignated by 
subparagraph (B) of this paragraph, by striking 
‘‘detailed’’; and 
(D) in paragraph (3)(C), as redesignated by 
subparagraph (B) of this paragraph, by insert-
ing ‘‘or is about to be’’ before ‘‘owned’’; and 
(2) in subsection (d)(1)(A), by striking ‘‘or the 
Director of National Intelligence’’ and inserting ‘‘the 
Director of National Intelligence, or the Director of 
the Central Intelligence Agency’’. 
(b) ORDERS.—Section 304 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1824) is amended—
(1) in subsection (a)— 
(A) by striking paragraph (1); and 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e)(1) Notwithstanding any other provision of this 
title, the Attorney General may authorize the emergency 
employment of a physical search if the Attorney General— 
‘‘(A) reasonably determines that an emer-
gency situation exists with respect to the employ-
ment of a physical search to obtain foreign intel-
ligence information before an order authorizing 
such physical search can with due diligence be 
obtained; 
‘‘(B) reasonably determines that the factual 
basis for issuance of an order under this title to 
approve such physical search exists; 
‘‘(C) informs, either personally or through a 
designee, a judge of the Foreign Intelligence Sur-
veillance Court at the time of such authorization 
that the decision has been made to employ an 
emergency physical search; and
‘‘(D) makes an application in accordance 
with this title to a judge of the Foreign Intel-
ligence Surveillance Court as soon as practicable, 
but not more than 7 days after the Attorney 
General authorizes such physical search. 
‘‘(2) If the Attorney General authorizes the emer-
gency employment of a physical search under para-
graph (1), the Attorney General shall require that the 
minimization procedures required by this title for the 
issuance of a judicial order be followed. 
‘‘(3) In the absence of a judicial order approving 
such physical search, the physical search shall termi-
nate when the information sought is obtained, when 
the application for the order is denied, or after the ex-
piration of 7 days from the time of authorization by 
the Attorney General, whichever is earliest. 
‘‘(4) A denial of the application made under this 
subsection may be reviewed as provided in section 
103. 
‘‘(5)(A) In the event that such application for 
approval is denied, or in any other case where the 
physical search is terminated and no order is issued 
approving the physical search, no information ob-
tained or evidence derived from such physical search 
shall be received in evidence or otherwise disclosed in
any trial, hearing, or other proceeding in or before 
any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other au-
thority of the United States, a State, or political sub-
division thereof, and no information concerning any 
United States person acquired from such physical 
search shall subsequently be used or disclosed in any 
other manner by Federal officers or employees without 
the consent of such person, except with the approval 
of the Attorney General if the information indicates 
a threat of death or serious bodily harm to any per-
son. 
‘‘(B) The Attorney General shall assess compli-
ance with the requirements of subparagraph (A).’’. 
(c) CONFORMING AMENDMENTS.—The Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended— 
(1) in section 304(a)(4), as redesignated by sub-
section (b) of this section, by striking ‘‘303(a)(7)(E)’’ 
and inserting ‘‘303(a)(6)(E)’’; and 
(2) in section 305(k)(2), by striking ‘‘303(a)(7)’’ 
and inserting ‘‘303(a)(6)’’.
SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS 
AND TRAP AND TRACE DEVICES. 
Section 403 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1843) is amended— 
(1) in subsection (a)(2), by striking ‘‘48 hours’’ 
and inserting ‘‘7 days’’; and 
(2) in subsection (c)(1)(C), by striking ‘‘48 
hours’’ and inserting ‘‘7 days’’. 
SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT. 
(a) DESIGNATION OF JUDGES.—Subsection (a) of sec-
tion 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended by inserting ‘‘at least’’ before 
‘‘seven of the United States judicial circuits’’. 
(b) EN BANC AUTHORITY.— 
(1) IN GENERAL.—Subsection (a) of section 103 
of the Foreign Intelligence Surveillance Act of 1978, 
as amended by subsection (a) of this section, is fur-
ther amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2)(A) The court established under this subsection, on 
its own initiative or upon the request of the Government 
in any proceeding or a party under section 501(f) or para-
graph (4) or (5) of section 703(h), may hold a hearing or 
rehearing, en banc, when ordered by a majority of the
(3) PRESIDENT’S SURVEILLANCE PROGRAM AND 
PROGRAM.—The terms ‘‘President’s Surveillance Pro-
gram’’ and ‘‘Program’’ mean the intelligence activity 
involving communications that was authorized by the 
President during the period beginning on September 
11, 2001, and ending on January 17, 2007, including 
the program referred to by the President in a radio 
address on December 17, 2005 (commonly known as 
the Terrorist Surveillance Program). 
(b) REVIEWS.— 
(1) REQUIREMENT TO CONDUCT.—The Inspectors 
General of the Department of Justice, the Office of the 
Director of National Intelligence, the National Secu-
rity Agency, and any other element of the intelligence 
community that participated in the President’s Sur-
veillance Program shall complete a comprehensive re-
view of, with respect to the oversight authority and 
responsibility of each such Inspector General— 
(A) all of the facts necessary to describe the 
establishment, implementation, product, and use 
of the product of the Program; 
(B) the procedures and substance of, and 
access to, the legal reviews of the Program;
(C) communications with and participation 
of individuals and entities in the private sector 
related to the Program; 
(D) interaction with the Foreign Intel-
ligence Surveillance Court and transition to 
court orders related to the Program; and 
(E) any other matters identified by any 
such Inspector General that would enable that 
Inspector General to complete a review of the 
Program, with respect to such Department or 
element. 
(2) COOPERATION AND COORDINATION.— 
(A) COOPERATION.—Each Inspector Gen-
eral required to conduct a review under para-
graph (1) shall— 
(i) work in conjunction, to the extent 
practicable, with any other Inspector Gen-
eral required to conduct such a review; and 
(ii) utilize, to the extent practicable, 
and not unnecessarily duplicate or delay 
such reviews or audits that have been com-
pleted or are being undertaken by any such 
Inspector General or by any other office of 
the Executive Branch related to the Pro-
gram.
(B) COORDINATION.—The Inspectors Gen-
eral shall designate one of the Inspectors General 
required to conduct a review under paragraph 
(1) that is appointed by the President, by and 
with the advice and consent of the Senate, to co-
ordinate the conduct of the reviews and the prep-
aration of the reports. 
(c) REPORTS.— 
(1) PRELIMINARY REPORTS.—Not later than 60 
days after the date of the enactment of this Act, the 
Inspectors General of the Department of Justice, the 
Office of the Director of National Intelligence, the Na-
tional Security Agency, and any other Inspector Gen-
eral required to conduct a review under subsection 
(b)(1) shall submit to the appropriate committees of 
Congress an interim report that describes the planned 
scope of such review. 
(2) FINAL REPORT.—Not later than 1 year after 
the date of the enactment of this Act, the Inspectors 
General of the Department of Justice, the Office of the 
Director of National Intelligence, the National Secu-
rity Agency, and any other Inspector General re-
quired to conduct a review under subsection (b)(1) 
shall submit to the appropriate committees of Con-
gress and the Commission established under section
301(a) a comprehensive report on such reviews that 
includes any recommendations of any such Inspectors 
General within the oversight authority and responsi-
bility of any such Inspector General. 
(3) FORM.—A report submitted under this sub-
section shall be submitted in unclassified form, but 
may include a classified annex. The unclassified re-
port shall not disclose the name or identity of any in-
dividual or entity of the private sector that partici-
pated in the Program or with whom there was com-
munication about the Program, to the extent that in-
formation is classified. 
(d) RESOURCES.— 
(1) EXPEDITED SECURITY CLEARANCE.—The Di-
rector of National Intelligence shall ensure that the 
process for the investigation and adjudication of an 
application by an Inspector General or any appro-
priate staff of an Inspector General for a security 
clearance necessary for the conduct of the review 
under subsection (b)(1) is carried out as expeditiously 
as possible. 
(2) ADDITIONAL PERSONNEL FOR THE INSPEC-
TORS GENERAL.—An Inspector General required to 
conduct a review under subsection (b)(1) and submit 
a report under subsection (c) is authorized to hire
such additional personnel as may be necessary to 
carry out such review and prepare such report in a 
prompt and timely manner. Personnel authorized to 
be hired under this paragraph— 
(A) shall perform such duties relating to 
such a review as the relevant Inspector General 
shall direct; and 
(B) are in addition to any other personnel 
authorized by law. 
SEC. 111. WEAPONS OF MASS DESTRUCTION. 
(a) DEFINITIONS.— 
(1) FOREIGN POWER.—Subsection (a) of section 
101 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801(a)) is amended— 
(A) in paragraph (5), by striking ‘‘persons; 
or’’ and inserting ‘‘persons;’’; 
(B) in paragraph (6), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(7) an entity not substantially composed of 
United States persons that is engaged in the inter-
national proliferation of weapons of mass destruc-
tion.’’.
(2) AGENT OF A FOREIGN POWER.—Subsection 
(b)(1) of such section 101 is amended— 
(A) in subparagraph (B), by striking ‘‘or’’ 
at the end; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(D) engages in the international prolifera-
tion of weapons of mass destruction, or activities 
in preparation therefor; or’’. 
(3) FOREIGN
INTELLIGENCE
INFORMATION.— 
Subsection (e)(1)(B) of such section 101 is amended 
by striking ‘‘sabotage or international terrorism’’ and 
inserting ‘‘sabotage, international terrorism, or the 
international proliferation of weapons of mass de-
struction’’. 
(4) WEAPON OF MASS DESTRUCTION.—Such sec-
tion 101 is amended by adding at the end the fol-
lowing new subsection: 
‘‘(p) ‘Weapon of mass destruction’ means— 
‘‘(1) any explosive, incendiary, or poison gas de-
vice that is intended or has the capability to cause a 
mass casualty incident; 
‘‘(2) any weapon that is designed or intended to 
cause death or serious bodily injury to a significant 
number of persons through the release, dissemination,
‘‘(d) REMOVAL.—A covered civil action that is brought 
in a State court shall be deemed to arise under the Constitu-
tion and laws of the United States and shall be removable 
under section 1441 of title 28, United States Code. 
‘‘(e) SPECIAL RULE FOR CERTAIN CASES.—For any 
covered civil action alleging that a person provided assist-
ance to an element of the intelligence community pursuant 
to a request or directive during the period from September 
11, 2001 through January 17, 2007, the Attorney General 
shall provide to the court any request or directive related 
to the allegations under the procedures set forth in sub-
section (b). 
‘‘(f) APPLICABILITY.—This section shall apply to a 
civil action pending on or filed after the date of the enact-
ment of this Act.’’. 
SEC. 202. TECHNICAL AMENDMENTS. 
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 adding at the end the following: 
‘‘TITLE VIII-PROTECTION OF PERSONS ASSISTING THE 
GOVERNMENT 
‘‘Sec. 801. Definitions 
‘‘Sec. 802. Procedures for covered civil actions.’’.
TITLE 
III—COMMISSION 
ON 
WARRANTLESS 
ELECTRONIC 
SURVEILLANCE ACTIVITIES 
SEC. 301. COMMISSION ON WARRANTLESS ELECTRONIC 
SURVEILLANCE ACTIVITIES. 
(a) ESTABLISHMENT OF COMMISSION.—There is estab-
lished in the legislative branch a commission to be known 
as the ‘‘Commission on Warrantless Electronic Surveillance 
Activities’’ (in this section referred to as the ‘‘Commis-
sion’’). 
(b) DUTIES OF COMMISSION.— 
(1) IN GENERAL.—The Commission shall— 
(A) ascertain, evaluate, and report upon the 
facts and circumstances relating to electronic 
surveillance activities conducted without a war-
rant between September 11, 2001 and January 
17, 2007; 
(B) evaluate the lawfulness of such activi-
ties; 
(C) examine all programs and activities re-
lating to intelligence collection inside the United 
States or regarding United States persons that 
were in effect or operation on September 11, 
2001, and all such programs and activities un-
dertaken since that date, including the legal
framework or justification for those activities; 
and 
(D) report to the President and Congress 
the findings and conclusions of the Commission 
and any recommendations the Commission con-
siders appropriate. 
(2) PROTECTION OF NATIONAL SECURITY.—The 
Commission shall carry out the duties of the Commis-
sion under this section in a manner consistent with 
the need to protect national security. 
(c) COMPOSITION OF COMMISSION.— 
(1) MEMBERS.—The Commission shall be com-
posed of 9 members, of whom— 
(A) 5 members shall be appointed jointly by 
the majority leader of the Senate and the Speak-
er of the House of Representatives; and 
(B) 4 members shall be appointed jointly by 
the minority leader of the Senate and the minor-
ity leader of the House of Representatives. 
(2) QUALIFICATIONS.—It is the sense of Congress 
that individuals appointed to the Commission should 
be prominent United States citizens with significant 
depth of experience in national security, Constitu-
tional law, and civil liberties. 
(3) CHAIR; VICE CHAIR.—
(A) CHAIR.—The Chair of the Commission 
shall be jointly appointed by the majority leader 
of the Senate and the Speaker of the House of 
Representatives from among the members ap-
pointed under paragraph (1)(A). 
(B) VICE CHAIR.—The Vice Chair of the 
Commission shall be jointly appointed by the 
minority leader of the Senate and the minority 
leader of the House of Representatives from 
among the members appointed under paragraph 
(1)(B). 
(4) DEADLINE FOR APPOINTMENT.—All members 
of the Commission shall be appointed not later than 
90 days after the date of the enactment of this Act. 
(5) INITIAL
MEETING.—The Commission shall 
hold its first meeting and begin operations not later 
than 45 days after the date on which a majority of 
its members have been appointed. 
(6) SUBSEQUENT
MEETINGS.—After its initial 
meeting, the Commission shall meet upon the call of 
the Chair. 
(7) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser 
number may hold hearings.
(8) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers and shall be filled in 
the same manner in which the original appointment 
was made. 
(d) POWERS OF COMMISSION.— 
(1) HEARINGS AND EVIDENCE.—The Commission 
or, on the authority of the Chair, any subcommittee 
or member thereof may, for the purpose of carrying 
out this section, hold such hearings and sit and act 
at such times and places, take such testimony, receive 
such evidence, and administer such oaths as the Com-
mission, such designated subcommittee, or designated 
member may determine advisable. 
(2) SUBPOENAS.— 
(A) ISSUANCE.— 
(i) IN
GENERAL.—The Commission 
may issue subpoenas requiring the attend-
ance and testimony of witnesses and the 
production of any evidence relating to any 
matter that the Commission is empowered 
to investigate under this section. The at-
tendance of witnesses and the production of 
evidence may be required from any place 
within the United States at any designated 
place of hearing within the United States.
(ii) 
SIGNATURE.—Subpoenas 
issued 
under this paragraph may be issued under 
the signature of the Chair of the Commis-
sion, the chair of any subcommittee created 
by a majority of the Commission, or any 
member designated by a majority of the 
Commission and may be served by any per-
son designated by such Chair, subcommittee 
chair, or member. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—If a person refuses 
to obey a subpoena issued under subpara-
graph (A), the Commission may apply to a 
United States district court for an order re-
quiring that person to appear before the 
Commission to give testimony, produce evi-
dence, or both, relating to the matter under 
investigation. The application may be made 
within the judicial district where the hear-
ing is conducted or where that person is 
found, resides, or transacts business. Any 
failure to obey the order of the court may 
be punished by the court as civil contempt. 
(ii) JURISDICTION.—In the case of con-
tumacy or failure to obey a subpoena issued
(3) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriations Acts, enter into contracts to enable the 
Commission to discharge its duties under this section. 
(4) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission is au-
thorized to secure directly from any executive de-
partment, bureau, agency, board, commission, of-
fice, independent establishment, or instrumen-
tality of the Government documents, informa-
tion, suggestions, estimates, and statistics for the 
purposes of this section. Each department, bu-
reau, agency, board, commission, office, inde-
pendent establishment, or instrumentality shall 
furnish such documents, information, sugges-
tions, estimates, and statistics directly to the 
Commission upon request made by the Chair, the 
chair of any subcommittee created by a majority 
of the Commission, or any member designated by 
a majority of the Commission. 
(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall only be re-
ceived, handled, stored, and disseminated by 
members of the Commission and its staff in a
100 
manner consistent with all applicable statutes, 
regulations, and Executive orders. 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis administrative support and other serv-
ices for the performance of the Commission’s 
functions. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in subparagraph (A), departments and agencies 
of the United States may provide to the Commis-
sion such services, funds, facilities, staff, and 
other support services as they may determine ad-
visable and as may be authorized by law. 
(6) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty. 
(7) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies of the United States. 
(e) STAFF OF COMMISSION.— 
(1) IN GENERAL.—
101 
(A) APPOINTMENT
AND
COMPENSATION.— 
The Chair, in consultation with Vice Chair and 
in accordance with rules agreed upon by the 
Commission, may appoint and fix the compensa-
tion of an executive director and such other per-
sonnel as may be necessary to enable the Com-
mission to carry out its functions, without re-
gard to the provisions of title 5, United States 
Code, governing appointments in the competitive 
service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of 
such title relating to classification and General 
Schedule pay rates, except that no rate of pay 
fixed under this paragraph may exceed the 
equivalent of that payable for a position at level 
V of the Executive Schedule under section 5316 
of title 5, United States Code. 
(B) PERSONNEL
AS
FEDERAL
EMPLOY-
EES.— 
(i) IN GENERAL.—The executive direc-
tor and any personnel of the Commission 
who are employees shall be employees under 
section 2105 of title 5, United States Code, 
for purposes of chapters 63, 81, 83, 84, 85, 
87, 89, 89A, 89B, and 90 of that title.
102 
(ii) 
MEMBERS
OF
COMMISSION.— 
Clause (i) shall not be construed to apply to 
members of the Commission. 
(2) DETAILEES.—A Federal Government em-
ployee may be detailed to the Commission without re-
imbursement from the Commission, and such detailee 
shall retain the rights, status, and privileges of his or 
her regular employment without interruption. 
(3) CONSULTANT SERVICES.—The Commission is 
authorized to procure the services of experts and con-
sultants in accordance with section 3109 of title 5, 
United States Code, at rates not to exceed the daily 
rate paid a person occupying a position at level IV 
of the Executive Schedule under section 5315 of title 
5, United States Code. 
(f) SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF.— 
(1) EXPEDITIOUS PROVISION OF CLEARANCES.— 
The appropriate Federal agencies or departments 
shall cooperate with the Commission in expeditiously 
providing to the Commission members and staff ap-
propriate security clearances to the extent possible 
pursuant to existing procedures and requirements, ex-
cept that no person shall be provided with access to
103 
classified information under this section without the 
appropriate security clearances. 
(2) ACCESS TO CLASSIFIED INFORMATION.—All 
members of the Commission and commission staff, as 
authorized by the Chair or the designee of the Chair, 
who have obtained appropriate security clearances, 
shall have access to classified information related to 
the surveillance activities within the scope of the ex-
amination of the Commission and any other related 
classified information that the members of the Com-
mission determine relevant to carrying out the duties 
of the Commission under this section. 
(3) FACILITIES AND RESOURCES.—The Director 
of National Intelligence shall provide the Commission 
with appropriate space and technical facilities ap-
proved by the Commission. 
(g) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.—Each member of the Com-
mission may be compensated at a rate not to exceed 
the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States 
Code, for each day during which that member is en-
gaged in the actual performance of the duties of the 
Commission.
104 
(2) TRAVEL EXPENSES.—While away from their 
homes or regular places of business in the perform-
ance of services for the Commission, members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, in the same man-
ner as persons employed intermittently in the Govern-
ment service are allowed expenses under section 
5703(b) of title 5, United States Code. 
(h) NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.— 
(1) IN GENERAL.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the 
Commission. 
(2) PUBLIC MEETINGS.—The Commission shall 
hold public hearings and meetings to the extent ap-
propriate. 
(3) PUBLIC HEARINGS.—Any public hearings of 
the Commission shall be conducted in a manner con-
sistent with the protection of information provided to 
or developed for or by the Commission as required by 
any applicable statute, regulation, or Executive order. 
(i) REPORTS AND RECOMMENDATIONS OF COMMIS-
SION.— 
(1) INTERIM REPORTS.—The Commission may 
submit to the President and Congress interim reports
105 
containing such findings, conclusions, and rec-
ommendations for corrective measures as have been 
agreed to by a majority of Commission members. 
(2) FINAL
REPORT.—Not later than one year 
after the date of its first meeting, the Commission, in 
consultation with appropriate representatives of the 
intelligence community, shall submit to the President 
and Congress a final report containing such informa-
tion, 
analysis, 
findings, 
conclusions, 
and 
rec-
ommendations as have been agreed to by a majority 
of Commission members. 
(3) FORM.—The reports submitted under para-
graphs (1) and (2) shall be submitted in unclassified 
form, but may include a classified annex. 
(4) 
RECOMMENDATIONS
FOR
DECLASSIFICA-
TION.—The Commission may make recommendations 
to the appropriate department or agency of the Fed-
eral Government regarding the declassification of doc-
uments or portions of documents. 
(j) TERMINATION.— 
(1) IN GENERAL.—The Commission, and all the 
authorities of this section, shall terminate 60 days 
after the date on which the final report is submitted 
under subsection (i)(2).
106 
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 60-day period 
referred to in paragraph (1) for the purpose of con-
cluding its activities, including providing testimony 
to committees of Congress concerning its report and 
disseminating the final report. 
(k) DEFINITIONS.—In this section: 
(1) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given the 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
(2) UNITED STATES PERSON.—The term ‘‘United 
States person’’ has the meaning given the term in sec-
tion 101(i) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801(i)). 
(l) FUNDING.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated such sums as may be necessary to carry 
out the activities of the Commission under this sec-
tion. 
(2) 
DURATION
OF
AVAILABILITY.—Amounts 
made available to the Commission under paragraph 
(1) shall remain available until the termination of the 
Commission.
107 
TITLE IV—OTHER PROVISIONS 
SEC. 401. SEVERABILITY. 
If any provision of this Act, any amendment made by 
this Act, or the application thereof to any person or cir-
cumstances is held invalid, the validity of the remainder 
of the Act, any such amendments, and of the application 
of such provisions to other persons and circumstances shall 
not be affected thereby. 
SEC. 402. EFFECTIVE DATE. 
Except as provided in section 404, the amendments 
made by this Act shall take effect on the date of the enact-
ment of this Act. 
SEC. 403. REPEALS. 
(a) REPEAL OF PROTECT AMERICA ACT OF 2007 PRO-
VISIONS.— 
(1) AMENDMENTS TO FISA.— 
(A) IN GENERAL.—Except as provided in 
section 404, sections 105A, 105B, and 105C of 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805a, 1805b, and 1805c) are re-
pealed. 
(B) TECHNICAL AND CONFORMING AMEND-
MENTS.— 
(i) TABLE OF CONTENTS.—The table of 
contents in the first section of the Foreign
108 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 nt) is amended by striking the 
items relating to sections 105A, 105B, and 
105C. 
(ii) CONFORMING AMENDMENTS.—Ex-
cept as provided in section 404, section 
103(e) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803(e)) is 
amended— 
(I) in paragraph (1), by striking 
‘‘105B(h) or 501(f)(1)’’ and inserting 
‘‘501(f)(1) or 702(h)(4)’’; and 
(II) in paragraph (2), by striking 
‘‘105B(h) or 501(f)(1)’’ and inserting 
‘‘501(f)(1) or 702(h)(4)’’. 
(2) REPORTING REQUIREMENTS.—Except as pro-
vided in section 404, section 4 of the Protect America 
Act of 2007 (Public Law 110-55; 121 Stat. 555) is re-
pealed. 
(3) TRANSITION PROCEDURES.—Except as pro-
vided in section 404, subsection (b) of section 6 of the 
Protect America Act of 2007 (Public Law 110-55; 121 
Stat. 556) is repealed. 
(b) FISA AMENDMENTS ACT OF 2008.—
109 
(1) IN GENERAL.—Except as provided in section 
404, effective December 31, 2009, title VII of the For-
eign Intelligence Surveillance Act of 1978, as amend-
ed by section 101(a), is repealed. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Effective December 31, 2009— 
(A) the table of contents in the first section 
of such Act (50 U.S.C. 1801 nt) is amended by 
striking the items related to title VII; 
(B) except as provided in section 404, sec-
tion 
601(a)(1) 
of 
such 
Act 
(50 
U.S.C. 
1871(a)(1)) is amended to read as such section 
read on the day before the date of the enactment 
of this Act; and 
(C) except as provided in section 404, sec-
tion 2511(2)(a)(ii)(A) of title 18, United States 
Code, is amended by striking ‘‘or a court order 
pursuant to section 704 of the Foreign Intel-
ligence Surveillance Act of 1978’’. 
SEC. 404. TRANSITION PROCEDURES. 
(a) TRANSITION PROCEDURES FOR PROTECT AMERICA 
ACT OF 2007 PROVISIONS.— 
(1) CONTINUED EFFECT OF ORDERS, AUTHOR-
IZATIONS, DIRECTIVES.—Notwithstanding any other 
provision of law, any order, authorization, or direc-
110 
tive issued or made pursuant to section 105B of the 
Foreign Intelligence Surveillance Act of 1978, as 
added by section 2 of the Protect America Act of 2007 
(Public Law 110-55; 121 Stat. 552), shall continue in 
effect until the expiration of such order, authoriza-
tion, or directive. 
(2) APPLICABILITY OF PROTECT AMERICA ACT OF 
2007 TO CONTINUED ORDERS, AUTHORIZATIONS, DI-
RECTIVES.—Notwithstanding any other provision of 
this Act or of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.)— 
(A) subject to paragraph (3), section 105A 
of such Act, as added by section 2 of the Protect 
America Act of 2007 (Public Law 110-55; 121 
Stat. 552), shall continue to apply to any acqui-
sition conducted pursuant to an order, author-
ization, or directive referred to in paragraph (1); 
and 
(B) sections 105B and 105C of such Act (as 
so added) shall continue to apply with respect to 
an order, authorization, or directive referred to 
in paragraph (1) until the expiration of such 
order, authorization, or directive. 
(3) USE
OF
INFORMATION.—Information ac-
quired from an acquisition conducted pursuant to an
114 
(3) CHALLENGE
OF
DIRECTIVES; PROTECTION 
FROM
LIABILITY; USE
OF
INFORMATION.—Notwith-
standing any other provision of this Act or of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.)— 
(A) section 103(e) of such Act, as amended 
by section 113, shall continue to apply with re-
spect to any directive issued pursuant to section 
702(h) of such Act, as added by section 101(a); 
(B) section 702(h)(3) of such Act (as so 
added) shall continue to apply with respect to 
any directive issued pursuant to section 702(h) 
of such Act (as so added); 
(C) section 703(e) of such Act (as so added) 
shall continue to apply with respect to an order 
or request for emergency assistance under that 
section; 
(D) section 706 of such Act (as so added) 
shall continue to apply to an acquisition con-
ducted under section 702 or 703 of such Act (as 
so added); and 
(E) section 2511(2)(a)(ii)(A) of title 18, 
United States Code, as amended by section 
101(c)(1), shall continue to apply to an order 
issued pursuant to section 704 of the Foreign In-
115 
telligence Surveillance Act of 1978, as added by 
section 101(a). 
(4) REPORTING REQUIREMENTS.— 
(A) CONTINUED
APPLICABILITY.—Notwith-
standing any other provision of this Act or of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), section 601(a) of such Act 
(50 U.S.C. 1871(a)), as amended by section 
101(c)(2), and sections 702(l) and 707 of such 
Act, as added by section 101(a), shall continue 
to apply until the date that the certification de-
scribed in subparagraph (B) is submitted. 
(B) CERTIFICATION.—The certification de-
scribed in this subparagraph is a certification— 
(i) made by the Attorney General; 
(ii) submitted to the Select Committee 
on Intelligence of the Senate, the Permanent 
Select Committee on Intelligence of the 
House of Representatives, and the Commit-
tees on the Judiciary of the Senate and the 
House of Representatives; 
(iii) that states that there will be no 
further acquisitions carried out under title 
VII of the Foreign Intelligence Surveillance
116 
Act of 1978, as amended by section 101(a), 
after the date of such certification; and 
(iv) that states that the information re-
quired to be included in a review, assess-
ment, or report under section 601 of such 
Act, as amended by section 101(c), or sec-
tion 702(l) or 707 of such Act, as added by 
section 101(a), relating to any acquisition 
conducted under title VII of such Act, as 
amended by section 101(a), has been in-
cluded in a review, assessment, or report 
under such section 601, 702(l), or 707. 
(5) TRANSITION PROCEDURES CONCERNING THE 
TARGETING
OF
UNITED
STATES
PERSONS
OVER-
SEAS.—Any authorization in effect on the date of en-
actment of this Act under section 2.5 of Executive 
Order 12333 to intentionally target a United States 
person reasonably believed to be located outside the 
United States shall continue in effect, and shall con-
stitute a sufficient basis for conducting such an ac-
quisition targeting a United States person located 
outside the United States until the earlier of— 
(A) the date that such authorization expires; 
or
117 
(B) the date that is 90 days after the date 
of the enactment of this Act. 
SEC. 405. NO RIGHTS UNDER THE FISA AMENDMENTS ACT 
OF 2008 FOR UNDOCUMENTED ALIENS. 
This Act and the amendments made by this Act shall 
not be construed to prohibit surveillance of, or grant any 
rights to, an alien not permitted to be in or remain in the 
United States. 
SEC. 
406. 
SURVEILLANCE 
TO 
PROTECT 
THE 
UNITED 
STATES. 
This Act and the amendments made by this Act shall 
not be construed to prohibit the intelligence community (as 
defined in section 3(4) of the National Security Act of 1947 
(50 U.S.C. 401a(4))) from conducting lawful surveillance 
that is necessary to— 
(1) prevent Osama Bin Laden, al Qaeda, or any 
other terrorist or terrorist organization from attack-
ing the United States, any United States person, or 
any ally of the United States; 
(2) ensure the safety and security of members of 
the United States Armed Forces or any other officer 
or employee of the Federal Government involved in 
protecting the national security of the United States; 
or
118 
(3) protect the United States, any United States 
person, or any ally of the United States from threats 
posed by weapons of mass destruction or other threats 
to national security. 
Attest: 
Clerk.