I 
110TH CONGRESS 
2D SESSION 
H. R. 5440 
To amend the Foreign Intelligence Surveillance Act of 1978 to establish 
a procedure for authorizing certain acquisitions of foreign intelligence, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2008 
Mr. FOSSELLA (for himself, Mr. KING of New York, Mr. HOEKSTRA, and Mr. 
SMITH of Texas) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Select Committee on 
Intelligence (Permanent Select), for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Foreign Intelligence Surveillance Act of 1978 
to establish a procedure for authorizing certain acquisi-
tions of foreign intelligence, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Foreign Intelligence Surveillance Act of 1978 Amend-
ments Act of 2008’’ or the ‘‘FISA Amendments Act of 
2008’’. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE 
Sec. 101. Additional procedures regarding certain persons outside the United 
States. 
Sec. 102. Statement of exclusive means by which electronic surveillance and 
interception of domestic communications may be conducted. 
Sec. 103. Submittal to Congress of certain court orders under the Foreign In-
telligence Surveillance Act of 1978. 
Sec. 104. Applications for court orders. 
Sec. 105. Issuance of an order. 
Sec. 106. Use of information. 
Sec. 107. Amendments for physical searches. 
Sec. 108. Amendments for emergency pen registers and trap and trace devices. 
Sec. 109. Foreign Intelligence Surveillance Court. 
Sec. 110. Weapons of mass destruction. 
Sec. 111. Technical and conforming amendments. 
TITLE II—PROTECTIONS FOR ELECTRONIC COMMUNICATION 
SERVICE PROVIDERS 
Sec. 201. Definitions. 
Sec. 202. Limitations on civil actions for electronic communication service pro-
viders. 
Sec. 203. Procedures for implementing statutory defenses under the Foreign 
Intelligence Surveillance Act of 1978. 
Sec. 204. Preemption of State investigations. 
Sec. 205. Technical amendments. 
TITLE III—OTHER PROVISIONS 
Sec. 301. Severability. 
Sec. 302. Effective date; repeal; transition procedures. 
TITLE I—FOREIGN 
INTELLIGENCE SURVEILLANCE 
SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN 
PERSONS OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—The Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— 
(1) by striking title VII; and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(2) by adding after title VI the following new 
title: 
‘‘TITLE VII—ADDITIONAL PROCE-
DURES REGARDING CERTAIN 
PERSONS 
OUTSIDE 
THE 
UNITED STATES 
‘‘SEC. 701. LIMITATION ON DEFINITION OF ELECTRONIC 
SURVEILLANCE. 
‘‘Nothing in the definition of electronic surveillance 
under section 101(f) shall be construed to encompass sur-
veillance that is targeted in accordance with this title at 
a person reasonably believed to be located outside the 
United States. 
‘‘SEC. 702. DEFINITIONS. 
‘‘(a) IN GENERAL.—The terms ‘agent of a foreign 
power’, ‘Attorney General’, ‘contents’, ‘electronic surveil-
lance’, ‘foreign intelligence information’, ‘foreign power’, 
‘minimization procedures’, ‘person’, ‘United States’, and 
‘United States person’ shall have the meanings given such 
terms in section 101, except as specifically provided in this 
title. 
‘‘(b) ADDITIONAL DEFINITIONS.— 
‘‘(1) CONGRESSIONAL INTELLIGENCE COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ means— 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(A) the Select Committee on Intelligence 
of the Senate; and 
‘‘(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT; COURT.—The terms ‘Foreign Intelligence 
Surveillance Court’ and ‘Court’ mean the court es-
tablished by section 103(a). 
‘‘(3) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT OF REVIEW; COURT OF REVIEW.—The terms 
‘Foreign Intelligence Surveillance Court of Review’ 
and ‘Court of Review’ mean the court established by 
section 103(b). 
‘‘(4) ELECTRONIC
COMMUNICATION
SERVICE 
PROVIDER.—The term ‘electronic communication 
service provider’ means— 
‘‘(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
‘‘(B) a provider of electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
‘‘(C) a provider of a remote computing 
service, as that term is defined in section 2711 
of title 18, United States Code; 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(D) any other communication service pro-
vider who has access to wire or electronic com-
munications either as such communications are 
transmitted or as such communications are 
stored; or 
‘‘(E) an officer, employee, or agent of an 
entity described in subparagraph (A), (B), (C), 
or (D). 
‘‘(5) ELEMENT OF THE INTELLIGENCE COMMU-
NITY.—The term ‘element of the intelligence com-
munity’ means an element of the intelligence com-
munity specified in or designated under section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
‘‘SEC. 703. PROCEDURES FOR TARGETING CERTAIN PER-
SONS OUTSIDE THE UNITED STATES OTHER 
THAN UNITED STATES PERSONS. 
‘‘(a) AUTHORIZATION.—Notwithstanding any other 
law, the Attorney General and the Director of National 
Intelligence may authorize jointly, for periods of up to 1 
year, the targeting of persons reasonably believed to be 
located outside the United States to acquire foreign intel-
ligence information. 
‘‘(b) LIMITATIONS.—An acquisition authorized under 
subsection (a)— 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(iii) the procedures referred to in 
clauses (i) and (ii) are consistent with the 
requirements of the fourth amendment to 
the Constitution of the United States and 
do not permit the intentional targeting of 
any person who is known at the time of ac-
quisition to be located in the United States 
or the intentional acquisition of any com-
munication as to which the sender and all 
intended recipients are known at the time 
of acquisition to be located in the United 
States; 
‘‘(iv) a significant purpose of the ac-
quisition is to obtain foreign intelligence 
information; 
‘‘(v) the minimization procedures to 
be used with respect to such acquisition— 
‘‘(I) meet the definition of mini-
mization procedures under section 
101(h) or section 301(4); and 
‘‘(II) have been approved by, or 
will be submitted in not more than 5 
days for approval by, the Foreign In-
telligence Surveillance Court pursuant 
to subsection (h); 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(vi) the acquisition involves obtaining 
the foreign intelligence information from or 
with the assistance of an electronic com-
munication service provider; and 
‘‘(vii) the acquisition does not con-
stitute electronic surveillance, as limited by 
section 701; and 
‘‘(B) be supported, as appropriate, by the 
affidavit of any appropriate official in the area 
of national security who is— 
‘‘(i) appointed by the President, by 
and with the consent of the Senate; or 
‘‘(ii) the head of any element of the 
intelligence community. 
‘‘(3) LIMITATION.—A certification made under 
this subsection is not required to identify the specific 
facilities, places, premises, or property at which the 
acquisition authorized under subsection (a) will be 
directed or conducted. 
‘‘(4) SUBMISSION TO THE COURT.—The Attor-
ney General shall transmit a copy of a certification 
made under this subsection, and any supporting affi-
davit, under seal to the Foreign Intelligence Surveil-
lance Court as soon as possible, but in no event 
more than 5 days after such certification is made. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
Such certification shall be maintained under security 
measures adopted by the Chief Justice of the United 
States and the Attorney General, in consultation 
with the Director of National Intelligence. 
‘‘(5) REVIEW.—The certification required by 
this subsection shall be subject to judicial review 
pursuant to subsection (h). 
‘‘(g) DIRECTIVES AND JUDICIAL REVIEW OF DIREC-
TIVES.— 
‘‘(1) AUTHORITY.—With respect to an acquisi-
tion authorized under subsection (a), the Attorney 
General and the Director of National Intelligence 
may direct, in writing, an electronic communication 
service provider to— 
‘‘(A) immediately provide the Government 
with all information, facilities, or assistance 
necessary to accomplish the acquisition in a 
manner that will protect the secrecy of the ac-
quisition and produce a minimum of inter-
ference with the services that such electronic 
communication service provider is providing to 
the target; and 
‘‘(B) maintain under security procedures 
approved by the Attorney General and the Di-
rector of National Intelligence any records con-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
cerning the acquisition or the aid furnished that 
such electronic communication service provider 
wishes to maintain. 
‘‘(2) COMPENSATION.—The Government shall 
compensate, at the prevailing rate, an electronic 
communication service provider for providing infor-
mation, facilities, or assistance pursuant to para-
graph (1). 
‘‘(3) RELEASE
FROM
LIABILITY.—Notwith-
standing any other law, no cause of action shall lie 
in any court against any electronic communication 
service provider for providing any information, facili-
ties, or assistance in accordance with a directive 
issued pursuant to paragraph (1). 
‘‘(4) CHALLENGING OF DIRECTIVES.— 
‘‘(A) AUTHORITY
TO
CHALLENGE.—An 
electronic communication service provider re-
ceiving a directive issued pursuant to paragraph 
(1) may challenge the directive by filing a peti-
tion with the Foreign Intelligence Surveillance 
Court, which shall have jurisdiction to review 
such a petition. 
‘‘(B) ASSIGNMENT.—The presiding judge 
of the Court shall assign the petition filed 
under subparagraph (A) to 1 of the judges serv-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
ing in the pool established by section 103(e)(1) 
not later than 24 hours after the filing of the 
petition. 
‘‘(C) STANDARDS FOR REVIEW.—A judge 
considering a petition to modify or set aside a 
directive may grant such petition only if the 
judge finds that the directive does not meet the 
requirements of this section, or is otherwise un-
lawful. 
‘‘(D) 
PROCEDURES
FOR
INITIAL
RE-
VIEW.—A judge shall conduct an initial review 
not later than 5 days after being assigned a pe-
tition described in subparagraph (C). If the 
judge determines that the petition consists of 
claims, defenses, or other legal contentions that 
are not warranted by existing law or by a non-
frivolous argument for extending, modifying, or 
reversing existing law or for establishing new 
law, the judge shall immediately deny the peti-
tion and affirm the directive or any part of the 
directive that is the subject of the petition and 
order the recipient to comply with the directive 
or any part of it. Upon making such a deter-
mination or promptly thereafter, the judge shall 
provide a written statement for the record of 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
the reasons for a determination under this sub-
paragraph. 
‘‘(E) PROCEDURES
FOR
PLENARY
RE-
VIEW.—If a judge determines that a petition 
described in subparagraph (C) requires plenary 
review, the judge shall affirm, modify, or set 
aside the directive that is the subject of that pe-
tition not later than 30 days after being as-
signed the petition, unless the judge, by order 
for reasons stated, extends that time as nec-
essary to comport with the due process clause 
of the fifth amendment to the Constitution of 
the United States. Unless the judge sets aside 
the directive, the judge shall immediately affirm 
or affirm with modifications the directive, and 
order the recipient to comply with the directive 
in its entirety or as modified. The judge shall 
provide a written statement for the records of 
the reasons for a determination under this sub-
paragraph. 
‘‘(F) CONTINUED EFFECT.—Any directive 
not explicitly modified or set aside under this 
paragraph shall remain in full effect. 
‘‘(G) CONTEMPT
OF
COURT.—Failure to 
obey an order of the Court issued under this 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
paragraph may be punished by the Court as 
contempt of court. 
‘‘(5) ENFORCEMENT OF DIRECTIVES.— 
‘‘(A) ORDER TO COMPEL.—In the case of 
a failure to comply with a directive issued pur-
suant to paragraph (1), the Attorney General 
may file a petition for an order to compel com-
pliance with the directive with the Foreign In-
telligence Surveillance Court, which shall have 
jurisdiction to review such a petition. 
‘‘(B) ASSIGNMENT.—The presiding judge 
of the Court shall assign a petition filed under 
subparagraph (A) to 1 of the judges serving in 
the pool established by section 103(e)(1) not 
later than 24 hours after the filing of the peti-
tion. 
‘‘(C) STANDARDS FOR REVIEW.—A judge 
considering a petition filed under subparagraph 
(A) shall issue an order requiring the electronic 
communication service provider to comply with 
the directive or any part of it, as issued or as 
modified, if the judge finds that the directive 
meets the requirements of this section, and is 
otherwise lawful. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(D) PROCEDURES
FOR
REVIEW.—The 
judge shall render a determination not later 
than 30 days after being assigned a petition 
filed under subparagraph (A), unless the judge, 
by order for reasons stated, extends that time 
if necessary to comport with the due process 
clause of the fifth amendment to the Constitu-
tion of the United States. The judge shall pro-
vide a written statement for the record of the 
reasons for a determination under this para-
graph. 
‘‘(E) CONTEMPT
OF
COURT.—Failure to 
obey an order of the Court issued under this 
paragraph may be punished by the Court as 
contempt of court. 
‘‘(F) PROCESS.—Any process under this 
paragraph may be served in any judicial district 
in which the electronic communication service 
provider may be found. 
‘‘(6) APPEAL.— 
‘‘(A) APPEAL
TO
THE
COURT
OF
RE-
VIEW.—The Government or an electronic com-
munication service provider receiving a directive 
issued pursuant to paragraph (1) may file a pe-
tition with the Foreign Intelligence Surveillance 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
Court of Review for review of the decision 
issued pursuant to paragraph (4) or (5). The 
Court of Review shall have jurisdiction to con-
sider such a petition and shall provide a written 
statement for the record of the reasons for a 
decision under this paragraph. 
‘‘(B) 
CERTIORARI
TO
THE
SUPREME 
COURT.—The Government or an electronic com-
munication service provider receiving a directive 
issued pursuant to paragraph (1) may file a pe-
tition for a writ of certiorari for review of the 
decision of the Court of Review issued under 
subparagraph (A). The record for such review 
shall be transmitted under seal to the Supreme 
Court of the United States, which shall have ju-
risdiction to review such decision. 
‘‘(h) JUDICIAL REVIEW
OF CERTIFICATIONS
AND 
PROCEDURES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW
BY
THE
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT.—The Foreign 
Intelligence Surveillance Court shall have juris-
diction to review any certification required by 
subsection (c) and the targeting and minimiza-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
tion procedures adopted pursuant to subsections 
(d) and (e). 
‘‘(B) SUBMISSION
TO
THE
COURT.—The 
Attorney General shall submit to the Court any 
such certification or procedure, or amendment 
thereto, not later than 5 days after making or 
amending the certification or adopting or 
amending the procedures. 
‘‘(2) CERTIFICATIONS.—The Court shall review 
a certification provided under subsection (f) to deter-
mine whether the certification contains all the re-
quired elements. 
‘‘(3) TARGETING
PROCEDURES.—The Court 
shall review the targeting procedures required by 
subsection (d) to assess whether the procedures are 
reasonably designed to ensure that the acquisition 
authorized under subsection (a) is limited to the tar-
geting of persons reasonably believed to be located 
outside the United States and does not result in the 
intentional acquisition of any communication as to 
which the sender and all intended recipients are 
known at the time of the acquisition to be located 
in the United States. 
‘‘(4) MINIMIZATION PROCEDURES.—The Court 
shall review the minimization procedures required by 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
subsection (e) to assess whether such procedures 
meet the definition of minimization procedures 
under section 101(h) or section 301(4). 
‘‘(5) ORDERS.— 
‘‘(A) APPROVAL.—If the Court finds that 
a certification required by subsection (f) con-
tains all of the required elements and that the 
targeting and minimization procedures required 
by subsections (d) and (e) are consistent with 
the requirements of those subsections and with 
the fourth amendment to the Constitution of 
the United States, the Court shall enter an 
order approving the continued use of the proce-
dures for the acquisition authorized under sub-
section (a). 
‘‘(B) CORRECTION OF DEFICIENCIES.—If 
the Court finds that a certification required by 
subsection (f) does not contain all of the re-
quired elements, or that the procedures re-
quired by subsections (d) and (e) are not con-
sistent with the requirements of those sub-
sections or the fourth amendment to the Con-
stitution of the United States, the Court shall 
issue an order directing the Government to, at 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
the Government’s election and to the extent re-
quired by the Court’s order— 
‘‘(i) correct any deficiency identified 
by the Court’s order not later than 30 days 
after the date the Court issues the order; 
or 
‘‘(ii) cease the acquisition authorized 
under subsection (a). 
‘‘(C) REQUIREMENT FOR WRITTEN STATE-
MENT.—In support of its orders under this sub-
section, the Court shall provide, simultaneously 
with the orders, for the record a written state-
ment of its reasons. 
‘‘(6) APPEAL.— 
‘‘(A) APPEAL
TO
THE
COURT
OF
RE-
VIEW.—The Government may appeal any order 
under this section to the Foreign Intelligence 
Surveillance Court of Review, which shall have 
jurisdiction to review such order. For any deci-
sion affirming, reversing, or modifying an order 
of the Foreign Intelligence Surveillance Court, 
the Court of Review shall provide for the record 
a written statement of its reasons. 
‘‘(B) 
CONTINUATION
OF
ACQUISITION 
PENDING REHEARING OR APPEAL.—Any acqui-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
sitions affected by an order under paragraph 
(5)(B) may continue— 
‘‘(i) during the pendency of any re-
hearing of the order by the Court en banc; 
and 
‘‘(ii) if the Government appeals an 
order under this section, until the Court of 
Review enters an order under subpara-
graph (C). 
‘‘(C) 
IMPLEMENTATION
PENDING
AP-
PEAL.—Not later than 60 days after the filing 
of an appeal of an order under paragraph 
(5)(B) directing the correction of a deficiency, 
the Court of Review shall determine, and enter 
a corresponding order regarding, whether all or 
any part of the correction order, as issued or 
modified, shall be implemented during the pend-
ency of the appeal. 
‘‘(D) 
CERTIORARI
TO
THE
SUPREME 
COURT.—The Government may file a petition 
for a writ of certiorari for review of a decision 
of the Court of Review issued under subpara-
graph (A). The record for such review shall be 
transmitted under seal to the Supreme Court of 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
the United States, which shall have jurisdiction 
to review such decision. 
‘‘(i) EXPEDITED JUDICIAL PROCEEDINGS.—Judicial 
proceedings under this section shall be conducted as expe-
ditiously as possible. 
‘‘(j) MAINTENANCE AND SECURITY OF RECORDS AND 
PROCEEDINGS.— 
‘‘(1) STANDARDS.—A record of a proceeding 
under this section, including petitions filed, orders 
granted, and statements of reasons for decision, 
shall be maintained under security measures adopted 
by the Chief Justice of the United States, in con-
sultation with the Attorney General and the Director 
of National Intelligence. 
‘‘(2) FILING AND REVIEW.—All petitions under 
this section shall be filed under seal. In any pro-
ceedings under this section, the court shall, upon re-
quest of the Government, review ex parte and in 
camera any Government submission, or portions of 
a submission, which may include classified informa-
tion. 
‘‘(3) RETENTION
OF
RECORDS.—A directive 
made or an order granted under this section shall be 
retained for a period of not less than 10 years from 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
the date on which such directive or such order is 
made. 
‘‘(k) ASSESSMENTS AND REVIEWS.— 
‘‘(1) SEMIANNUAL ASSESSMENT.—Not less fre-
quently than once every 6 months, the Attorney 
General and Director of National Intelligence shall 
assess compliance with the targeting and minimiza-
tion procedures required by subsections (e) and (f) 
and shall submit each such assessment to— 
‘‘(A) the Foreign Intelligence Surveillance 
Court; and 
‘‘(B) the congressional intelligence commit-
tees. 
‘‘(2) AGENCY
ASSESSMENT.—The Inspectors 
General of the Department of Justice and of any 
element of the intelligence community authorized to 
acquire foreign intelligence information under sub-
section (a) with respect to their department, agency, 
or element— 
‘‘(A) are authorized to review the compli-
ance with the targeting and minimization proce-
dures required by subsections (d) and (e); 
‘‘(B) with respect to acquisitions author-
ized under subsection (a), shall review the num-
ber of disseminated intelligence reports con-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
taining a reference to a United States person 
identity and the number of United States per-
son identities subsequently disseminated by the 
element concerned in response to requests for 
identities that were not referred to by name or 
title in the original reporting; 
‘‘(C) with respect to acquisitions author-
ized under subsection (a), shall review the num-
ber of targets that were later determined to be 
located in the United States and, to the extent 
possible, whether their communications were re-
viewed; and 
‘‘(D) shall provide each such review to— 
‘‘(i) the Attorney General; 
‘‘(ii) the Director of National Intel-
ligence; and 
‘‘(iii) the congressional intelligence 
committees. 
‘‘(3) ANNUAL REVIEW.— 
‘‘(A) REQUIREMENT
TO
CONDUCT.—The 
head of an element of the intelligence commu-
nity conducting an acquisition authorized under 
subsection (a) shall direct the element to con-
duct an annual review to determine whether 
there is reason to believe that foreign intel-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
ligence information has been or will be obtained 
from the acquisition. The annual review shall 
provide, with respect to such acquisitions au-
thorized under subsection (a)— 
‘‘(i) an accounting of the number of 
disseminated 
intelligence 
reports 
con-
taining a reference to a United States per-
son identity; 
‘‘(ii) an accounting of the number of 
United States person identities subse-
quently disseminated by that element in re-
sponse to requests for identities that were 
not referred to by name or title in the 
original reporting; 
‘‘(iii) the number of targets that were 
later determined to be located in the 
United States and, to the extent possible, 
whether their communications were re-
viewed; and 
‘‘(iv) a description of any procedures 
developed by the head of an element of the 
intelligence community and approved by 
the Director of National Intelligence to as-
sess, in a manner consistent with national 
security, operational requirements and the 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
privacy interests of United States persons, 
the extent to which the acquisitions au-
thorized under subsection (a) acquire the 
communications of United States persons, 
as well as the results of any such assess-
ment. 
‘‘(B) USE OF REVIEW.—The head of each 
element of the intelligence community that con-
ducts an annual review under subparagraph (A) 
shall use each such review to evaluate the ade-
quacy of the minimization procedures utilized 
by such element or the application of the mini-
mization procedures to a particular acquisition 
authorized under subsection (a). 
‘‘(C) PROVISION OF REVIEW.—The head of 
each element of the intelligence community that 
conducts an annual review under subparagraph 
(A) shall provide such review to— 
‘‘(i) the Foreign Intelligence Surveil-
lance Court; 
‘‘(ii) the Attorney General; 
‘‘(iii) the Director of National Intel-
ligence; and 
‘‘(iv) the congressional intelligence 
committees. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘SEC. 704. CERTAIN ACQUISITIONS INSIDE THE UNITED 
STATES OF UNITED STATES PERSONS OUT-
SIDE THE UNITED STATES. 
‘‘(a) JURISDICTION OF THE FOREIGN INTELLIGENCE 
SURVEILLANCE COURT.— 
‘‘(1) IN
GENERAL.—The Foreign Intelligence 
Surveillance Court shall have jurisdiction to enter an 
order approving the targeting of a United States 
person reasonably believed to be located outside the 
United States to acquire foreign intelligence infor-
mation, if such acquisition constitutes electronic sur-
veillance (as defined in section 101(f), regardless of 
the limitation of section 701) or the acquisition of 
stored electronic communications or stored electronic 
data that requires an order under this Act, and such 
acquisition is conducted within the United States. 
‘‘(2) LIMITATION.—In the event that a United 
States person targeted under this subsection is rea-
sonably believed to be located in the United States 
during the pendency of an order issued pursuant to 
subsection (c), such acquisition shall cease until au-
thority, other than under this section, is obtained 
pursuant to this Act or the targeted United States 
person is again reasonably believed to be located out-
side the United States during the pendency of an 
order issued pursuant to subsection (c). 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(b) APPLICATION.— 
‘‘(1) IN
GENERAL.—Each application for an 
order under this section shall be made by a Federal 
officer in writing upon oath or affirmation to a 
judge having jurisdiction under subsection (a)(1). 
Each application shall require the approval of the 
Attorney General based upon the Attorney General’s 
finding that it satisfies the criteria and requirements 
of such application, as set forth in this section, and 
shall include— 
‘‘(A) the identity of the Federal officer 
making the application; 
‘‘(B) the identity, if known, or a descrip-
tion of the United States person who is the tar-
get of the acquisition; 
‘‘(C) a statement of the facts and cir-
cumstances relied upon to justify the appli-
cant’s belief that the United States person who 
is the target of the acquisition 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; 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(D) a statement of the proposed mini-
mization procedures that meet the definition of 
minimization procedures under section 101(h) 
or section 301(4); 
‘‘(E) a description of the nature of the in-
formation sought and the type of communica-
tions or activities to be subjected to acquisition; 
‘‘(F) a certification made by the Attorney 
General or an official specified in section 
104(a)(6) that— 
‘‘(i) the certifying official deems the 
information sought to be foreign intel-
ligence information; 
‘‘(ii) a significant purpose of the ac-
quisition is to obtain foreign intelligence 
information; 
‘‘(iii) such information cannot reason-
ably be obtained by normal investigative 
techniques; 
‘‘(iv) designates the type of foreign in-
telligence information being sought accord-
ing to the categories described in section 
101(e); and 
‘‘(v) includes a statement of the basis 
for the certification that— 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(I) the information sought is 
the type of foreign intelligence infor-
mation designated; and 
‘‘(II) such information cannot 
reasonably be obtained by normal in-
vestigative techniques; 
‘‘(G) a summary statement of the means 
by which the acquisition will be conducted and 
whether physical entry is required to effect the 
acquisition; 
‘‘(H) the identity of any electronic commu-
nication service provider necessary to effect the 
acquisition, provided, however, that the applica-
tion is not required to identify the specific fa-
cilities, places, premises, or property at which 
the acquisition authorized under this section 
will be directed or conducted; 
‘‘(I) a statement of the facts concerning 
any previous applications that have been made 
to any judge of the Foreign Intelligence Surveil-
lance Court involving the United States person 
specified in the application and the action taken 
on each previous application; and 
‘‘(J) a statement of the period of time for 
which the acquisition is required to be main-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
tained, provided that such period of time shall 
not exceed 90 days per application. 
‘‘(2) OTHER REQUIREMENTS OF THE ATTOR-
NEY GENERAL.—The Attorney General may require 
any other affidavit or certification from any other 
officer in connection with the application. 
‘‘(3) OTHER REQUIREMENTS OF THE JUDGE.— 
The judge may require the applicant to furnish such 
other information as may be necessary to make the 
findings required by subsection (c)(1). 
‘‘(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 approving the acquisition 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 prob-
able cause to believe that the target is— 
‘‘(i) a person reasonably believed to be 
located outside the United States; and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(ii) a foreign power, an agent of a 
foreign power, or an officer or employee of 
a foreign power; 
‘‘(C) the proposed minimization procedures 
meet the definition of minimization procedures 
under section 101(h) or section 301(4); and 
‘‘(D) the application which has been filed 
contains all statements and certifications re-
quired by subsection (b) and the certification or 
certifications are not clearly erroneous on the 
basis of the statement made under subsection 
(b)(1)(F)(v) and any other information fur-
nished under subsection (b)(3). 
‘‘(2) 
PROBABLE
CAUSE.—In 
determining 
whether or not probable cause exists for purposes of 
an order under paragraph (1), a judge having juris-
diction under subsection (a)(1) may consider past 
activities of the target, as well as facts and cir-
cumstances relating to current or future activities of 
the target. However, no United States person may 
be considered a foreign power, agent of a foreign 
power, or officer or employee of a foreign power 
solely upon the basis of activities protected by the 
first amendment to the Constitution of the United 
States. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(D) REVIEW OF CERTIFICATION.—If the 
judge determines that an application required 
by subsection (b) does not contain all of the re-
quired elements, or that the certification or cer-
tifications are clearly erroneous on the basis of 
the 
statement 
made 
under 
subsection 
(b)(1)(F)(v) and any other information fur-
nished under subsection (b)(3), 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 
(f). 
‘‘(4) SPECIFICATIONS.—An order approving an 
acquisition under this subsection shall specify— 
‘‘(A) the identity, if known, or a descrip-
tion of the United States person who is the tar-
get of the acquisition identified or described in 
the 
application 
pursuant 
to 
subsection 
(b)(1)(B); 
‘‘(B) if provided in the application pursu-
ant to subsection (b)(1)(H), the nature and lo-
cation of each of the facilities or places at 
which the acquisition will be directed; 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(C) the nature of the information sought 
to be acquired and the type of communications 
or activities to be subjected to acquisition; 
‘‘(D) the means by which the acquisition 
will be conducted and whether physical entry is 
required to effect the acquisition; and 
‘‘(E) the period of time during which the 
acquisition is approved. 
‘‘(5) DIRECTIONS.—An order approving acquisi-
tions under this subsection shall direct— 
‘‘(A) that the minimization procedures be 
followed; 
‘‘(B) an electronic communication service 
provider to provide to the Government forthwith 
all information, facilities, or assistance nec-
essary to accomplish the acquisition authorized 
under this subsection in a manner that will pro-
tect the secrecy of the acquisition and produce 
a minimum of interference with the services 
that such electronic communication service pro-
vider is providing to the target; 
‘‘(C) an electronic communication service 
provider to maintain under security procedures 
approved by the Attorney General any records 
concerning the acquisition or the aid furnished 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
that such electronic communication service pro-
vider wishes to maintain; and 
‘‘(D) that the Government compensate, at 
the prevailing rate, such electronic communica-
tion service provider for providing such infor-
mation, facilities, or assistance. 
‘‘(6) DURATION.—An order approved under this 
paragraph shall be effective for a period not to ex-
ceed 90 days and such order may be renewed for ad-
ditional 90-day periods upon submission of renewal 
applications meeting the requirements of subsection 
(b). 
‘‘(7) COMPLIANCE.—At or prior to the end of 
the period of time for which an acquisition is ap-
proved by an order or extension under this section, 
the judge may assess compliance with the minimiza-
tion procedures by reviewing the circumstances 
under which information concerning United States 
persons was acquired, retained, or disseminated. 
‘‘(d) EMERGENCY AUTHORIZATION.— 
‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA-
TION.—Notwithstanding any other provision of this 
Act, if the Attorney General reasonably determines 
that— 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(A) an emergency situation exists with re-
spect to the acquisition of foreign intelligence 
information for which an order may be obtained 
under subsection (c) before an order author-
izing such acquisition can with due diligence be 
obtained, and 
‘‘(B) the factual basis for issuance of an 
order under this subsection to approve such ac-
quisition exists, 
the Attorney General may authorize the emergency 
acquisition if a judge having jurisdiction under sub-
section (a)(1) is informed by the Attorney General, 
or a designee of the Attorney General, at the time 
of such authorization that the decision has been 
made to conduct such acquisition and if an applica-
tion in accordance with this subsection is made to a 
judge of the Foreign Intelligence Surveillance Court 
as soon as practicable, but not more than 7 days 
after the Attorney General authorizes such acquisi-
tion. 
‘‘(2) MINIMIZATION PROCEDURES.—If the At-
torney General authorizes such emergency acquisi-
tion, the Attorney General shall require that the 
minimization procedures required by this section for 
the issuance of a judicial order be followed. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(3) TERMINATION
OF
EMERGENCY
AUTHOR-
IZATION.—In the absence of a judicial order approv-
ing such acquisition, the acquisition shall terminate 
when the information sought is obtained, when the 
application for the order is denied, or after the expi-
ration of 7 days from the time of authorization by 
the Attorney General, whichever is earliest. 
‘‘(4) USE OF INFORMATION.—In the event that 
such application for approval is denied, or in any 
other case where the acquisition is terminated and 
no order is issued approving the acquisition, no in-
formation obtained or evidence derived from such ac-
quisition, except under circumstances in which the 
target of the acquisition is determined not to be a 
United States person during the pendency of the 7- 
day emergency acquisition period, shall be received 
in evidence or otherwise disclosed in any trial, hear-
ing, or other proceeding in or before any court, 
grand jury, department, office, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or political subdivision there-
of, and no information concerning any United States 
person acquired from such acquisition shall subse-
quently be used or disclosed in any other manner by 
Federal officers or employees without the consent of 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
such person, except with the approval of the Attor-
ney General if the information indicates a threat of 
death or serious bodily harm to any person. 
‘‘(e) RELEASE FROM LIABILITY.—Notwithstanding 
any other law, no cause of action shall lie in any court 
against any electronic communication service provider for 
providing any information, facilities, or assistance in ac-
cordance with an order or request for emergency assist-
ance issued pursuant to subsections (c) or (d). 
‘‘(f) APPEAL.— 
‘‘(1) APPEAL TO THE FOREIGN INTELLIGENCE 
SURVEILLANCE
COURT
OF
REVIEW.—The Govern-
ment may file an appeal with the Foreign Intel-
ligence 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 
certiorari for review of the decision of the Court of 
Review issued under paragraph (1). The record for 
such review shall be transmitted under seal to the 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
Supreme Court of the United States, which shall 
have jurisdiction to review such decision. 
‘‘SEC. 705. OTHER ACQUISITIONS TARGETING UNITED 
STATES 
PERSONS 
OUTSIDE 
THE 
UNITED 
STATES. 
‘‘(a) JURISDICTION AND SCOPE.— 
‘‘(1) JURISDICTION.—The Foreign Intelligence 
Surveillance Court shall have jurisdiction to enter an 
order pursuant to subsection (c). 
‘‘(2) SCOPE.—No element of the intelligence 
community may intentionally target, for the purpose 
of acquiring foreign intelligence information, a 
United States person reasonably believed to be lo-
cated outside the United States under circumstances 
in which the targeted United States person has a 
reasonable expectation of privacy and a warrant 
would be required if the acquisition were conducted 
inside the United States for law enforcement pur-
poses, unless a judge of the Foreign Intelligence 
Surveillance Court has entered an order or the At-
torney General has authorized an emergency acquisi-
tion pursuant to subsections (c) or (d) or any other 
provision of this Act. 
‘‘(3) LIMITATIONS.— 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(A) MOVING
OR
MISIDENTIFIED
TAR-
GETS.—In the event that the targeted United 
States person is reasonably believed to be in the 
United States during the pendency of an order 
issued pursuant to subsection (c), such acquisi-
tion shall cease until authority is obtained pur-
suant to this Act or the targeted United States 
person is again reasonably believed to be lo-
cated outside the United States during the 
pendency of an order issued pursuant to sub-
section (c). 
‘‘(B) APPLICABILITY.—If the acquisition is 
to be conducted inside the United States and 
could be authorized under section 704, the pro-
cedures of section 704 shall apply, unless an 
order or emergency acquisition authority has 
been obtained under a provision of this Act 
other than under this section. 
‘‘(b) APPLICATION.—Each application for an order 
under this section shall be made by a Federal officer in 
writing upon oath or affirmation to a judge having juris-
diction under subsection (a)(1). Each application shall re-
quire the approval of the Attorney General based upon the 
Attorney General’s finding that it satisfies the criteria and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
requirements of such application as set forth in this sec-
tion and shall include— 
‘‘(1) the identity, if known, or a description of 
the specific United States person who is the target 
of the acquisition; 
‘‘(2) 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 acqui-
sition 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; 
‘‘(3) a statement of the proposed minimization 
procedures that meet the definition of minimization 
procedures under section 101(h) or section 301(4); 
‘‘(4) 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 infor-
mation; and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(B) a significant purpose of the acquisi-
tion is to obtain foreign intelligence informa-
tion; 
‘‘(5) a statement of the facts concerning any 
previous applications that have been made to any 
judge of the Foreign Intelligence Surveillance Court 
involving the United States person specified in the 
application and the action taken on each previous 
application; and 
‘‘(6) a statement of the period of time for which 
the acquisition is required to be maintained, pro-
vided that such period of time shall not exceed 90 
days per application. 
‘‘(c) ORDER.— 
‘‘(1) FINDINGS.—If, upon an application made 
pursuant to subsection (b), a judge having jurisdic-
tion under subsection (a) finds that— 
‘‘(A) on the basis of the facts submitted by 
the applicant, for the United States person who 
is the target of the acquisition, there is prob-
able cause to believe that the target is— 
‘‘(i) a person reasonably believed to be 
located outside the United States; and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(ii) a foreign power, an agent of a 
foreign power, or an officer or employee of 
a foreign power; 
‘‘(B) the proposed minimization proce-
dures, with respect to their dissemination provi-
sions, meet the definition of minimization pro-
cedures under section 101(h) or section 301(4); 
and 
‘‘(C) the application which has been filed 
contains all statements and certifications re-
quired by subsection (b) and the certification 
provided under subsection (b)(4) is not clearly 
erroneous on the basis of the information fur-
nished under subsection (b), 
the Court shall issue an ex parte order so stating. 
‘‘(2) 
PROBABLE
CAUSE.—In 
determining 
whether or not probable cause exists for purposes of 
an order under paragraph (1)(A), a judge having ju-
risdiction under subsection (a)(1) may consider past 
activities of the target, as well as facts and cir-
cumstances relating to current or future activities of 
the target. However, no United States person may 
be considered a foreign power, agent of a foreign 
power, or officer or employee of a foreign power 
solely upon the basis of activities protected by the 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
first amendment to the Constitution 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 estab-
lish probable cause to issue an order under this 
subsection, 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 mini-
mization procedures applicable to dissemination 
of information obtained through an acquisition 
under this subsection do not meet the definition 
of 
minimization 
procedures 
under 
section 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
of the Foreign Intelligence Surveillance Court as 
soon as practicable, but not more than 7 days after 
the Attorney General authorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the At-
torney General authorizes such emergency acquisi-
tion, the Attorney General shall require that the 
minimization procedures required by this section be 
followed. 
‘‘(3) TERMINATION
OF
EMERGENCY
AUTHOR-
IZATION.—In the absence of an order under sub-
section (c), the acquisition shall terminate when the 
information sought is obtained, if the application for 
the order is denied, or after the expiration of 7 days 
from the time of authorization by the Attorney Gen-
eral, whichever is earliest. 
‘‘(4) USE OF INFORMATION.—In the event that 
such application is denied, or in any other case 
where the acquisition is terminated and no order is 
issued approving the acquisition, no information ob-
tained or evidence derived from such acquisition, ex-
cept under circumstances in which the target of the 
acquisition is determined not to be a United States 
person during the pendency of the 7-day emergency 
acquisition period, shall be received in evidence or 
otherwise disclosed in any trial, hearing, or other 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
proceeding in or before any court, grand jury, de-
partment, office, agency, regulatory body, legislative 
committee, or other authority of the United States, 
a State, or political subdivision thereof, and no in-
formation concerning any United States person ac-
quired from such acquisition shall subsequently be 
used or disclosed in any other manner by Federal of-
ficers or employees without the consent of such per-
son, except with the approval of the Attorney Gen-
eral if the information 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 appeal and shall provide a written statement 
for the record of the reasons for a decision under 
this paragraph. 
‘‘(2) CERTIORARI TO THE SUPREME COURT.— 
The Government may file a petition for a writ of 
certiorari for review of the decision of the Court of 
Review issued under paragraph (1). The record for 
such review shall be transmitted under seal to the 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
Supreme Court of the United States, which shall 
have jurisdiction to review such decision. 
‘‘SEC. 706. JOINT APPLICATIONS AND CONCURRENT AU-
THORIZATIONS. 
‘‘(a) JOINT APPLICATIONS AND ORDERS.—If an ac-
quisition targeting a United States person under section 
704 or section 705 is proposed to be conducted both inside 
and outside the United States, a judge having jurisdiction 
under section 704(a)(1) or section 705(a)(1) may issue si-
multaneously, upon the request of the Government in a 
joint application complying with the requirements of sec-
tion 704(b) or section 705(b), orders under section 704(c) 
or section 705(c), as applicable. 
‘‘(b) CONCURRENT AUTHORIZATION.—If an order 
authorizing electronic surveillance or physical search has 
been obtained under section 105 or section 304 and that 
order is still in effect, the Attorney General may authorize, 
without an order under section 704 or section 705, an ac-
quisition of foreign intelligence information targeting that 
United States person while such person is reasonably be-
lieved to be located outside the United States. 
‘‘SEC. 707. USE OF INFORMATION ACQUIRED UNDER TITLE 
VII. 
‘‘(a) INFORMATION
ACQUIRED
UNDER
SECTION 
703.—Information acquired from an acquisition con-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
ducted under section 703 shall be deemed to be informa-
tion acquired from an electronic surveillance pursuant to 
title I for purposes of section 106, except for the purposes 
of subsection (j) of such section. 
‘‘(b) INFORMATION
ACQUIRED
UNDER
SECTION 
704.—Information acquired from an acquisition con-
ducted under section 704 shall be deemed to be informa-
tion acquired from an electronic surveillance pursuant to 
title I for purposes of section 106. 
‘‘SEC. 708. CONGRESSIONAL OVERSIGHT. 
‘‘(a) SEMIANNUAL REPORT.—Not less frequently 
than once every 6 months, the Attorney General shall fully 
inform, in a manner consistent with national security, the 
congressional intelligence committees, the Committee on 
the Judiciary of the Senate, and the Committee on the 
Judiciary of the House of Representatives, concerning the 
implementation of this title. 
‘‘(b) CONTENT.—Each report made under subpara-
graph (a) shall include— 
‘‘(1) with respect to section 703— 
‘‘(A) any certifications made under sub-
section 703(f) during the reporting period; 
‘‘(B) any directives issued under sub-
section 703(g) during the reporting period; 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(C) a description of the judicial review 
during the reporting period of any such certifi-
cations and targeting and minimization proce-
dures utilized with respect to such acquisition, 
including a copy of any order or pleading in 
connection with such review that contains a sig-
nificant legal interpretation of the provisions of 
this section; 
‘‘(D) any actions taken to challenge or en-
force a directive under paragraphs (4) or (5) of 
section 703(g); 
‘‘(E) any compliance reviews conducted by 
the Department of Justice or the Office of the 
Director of National Intelligence of acquisitions 
authorized under subsection 703(a); 
‘‘(F) 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 703(g), including— 
‘‘(i) incidents of noncompliance by an 
element of the intelligence community with 
procedures adopted pursuant to sub-
sections (d) and (e) of section 703; and 
‘‘(ii) incidents of noncompliance by a 
specified person to whom the Attorney 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
General and Director of National Intel-
ligence issued a directive under subsection 
703(g); and 
‘‘(G) any procedures implementing this 
section; 
‘‘(2) with respect to section 704— 
‘‘(A) the total number of applications made 
for orders under section 704(b); 
‘‘(B) the total number of such orders ei-
ther granted, modified, or denied; and 
‘‘(C) the total number of emergency acqui-
sitions authorized by the Attorney General 
under section 704(d) and the total number of 
subsequent orders approving or denying such 
acquisitions; and 
‘‘(3) with respect to section 705— 
‘‘(A) the total number of applications made 
for orders under 705(b); 
‘‘(B) the total number of such orders ei-
ther granted, modified, or denied; and 
‘‘(C) the total number of emergency acqui-
sitions authorized by the Attorney General 
under subsection 705(d) and the total number 
of subsequent orders approving or denying such 
applications.’’. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(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. Limitation on definition of electronic surveillance. 
‘‘Sec. 702. Definitions. 
‘‘Sec. 703. Procedures for targeting certain persons outside the United States 
other than United States persons. 
‘‘Sec. 704. Certain acquisitions inside the United States of United States per-
sons outside the United States. 
‘‘Sec. 705. Other acquisitions targeting United States persons outside the 
United States. 
‘‘Sec. 706. Joint applications and concurrent authorizations. 
‘‘Sec. 707. Use of information acquired under title VII. 
‘‘Sec. 708. Congressional oversight.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 18, UNITED STATES CODE.— 
(A) SECTION
2232.—Section 2232(e) of 
title 18, United States Code, is amended by in-
serting ‘‘(as defined in section 101(f) of the 
Foreign Intelligence Surveillance Act of 1978, 
regardless of the limitation of section 701 of 
that Act)’’ after ‘‘electronic surveillance’’. 
(B) 
SECTION
2511.—Section 
2511(2)(a)(ii)(A) of title 18, United States 
Code, is amended by inserting ‘‘or a court order 
pursuant to section 705 of the Foreign Intel-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
ligence Surveillance Act of 1978’’ after ‘‘assist-
ance’’. 
(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
ACT OF 1978.— 
(A) SECTION 109.—Section 109 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1809) is amended by adding at the end 
the following: 
‘‘(e) DEFINITION.—For the purpose of this section, 
the term ‘electronic surveillance’ means electronic surveil-
lance as defined in section 101(f) of this Act regardless 
of the limitation of section 701 of this Act.’’. 
(B) SECTION 110.—Section 110 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1810) is amended by— 
(i) adding an ‘‘(a)’’ before ‘‘CIVIL AC-
TION’’; 
(ii) 
redesignating 
subsections 
(a) 
through (c) as paragraphs (1) through (3), 
respectively; and 
(iii) adding at the end the following: 
‘‘(b) DEFINITION.—For the purpose of this section, 
the term ‘electronic surveillance’ means electronic surveil-
lance as defined in section 101(f) of this Act regardless 
of the limitation of section 701 of this Act.’’. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(C) SECTION
601.—Section 601(a)(1) of 
the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1871(a)(1)) is amended by 
striking subparagraphs (C) and (D) and insert-
ing the following: 
‘‘(C) pen registers under section 402; 
‘‘(D) access to records under section 501; 
‘‘(E) acquisitions under section 704; and 
‘‘(F) acquisitions under section 705;’’. 
(d) TERMINATION OF AUTHORITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsections 
(a)(2), (b), and (c) shall cease to have effect on De-
cember 31, 2013. 
(2) 
CONTINUING
APPLICABILITY.—Section 
703(g)(3) of the Foreign Intelligence Surveillance 
Act of 1978 (as amended by subsection (a)) shall re-
main in effect with respect to any directive issued 
pursuant to section 703(g) of that Act (as so 
amended) for information, facilities, or assistance 
provided during the period such directive was or is 
in effect. Section 704(e) of the Foreign Intelligence 
Surveillance Act of 1978 (as amended by subsection 
(a)) shall remain in effect with respect to an order 
or request for emergency assistance under that sec-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
tion. The use of information acquired by an acquisi-
tion conducted under section 703 of that Act (as so 
amended) shall continue to be governed by the provi-
sions of section 707 of that Act (as so amended). 
SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH 
ELECTRONIC SURVEILLANCE AND INTERCEP-
TION OF DOMESTIC 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 DO-
MESTIC COMMUNICATIONS MAY BE CONDUCTED 
‘‘SEC. 112. 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 (as 
defined in section 101(f), regardless of the limitation of 
section 701) and the interception of domestic wire, oral, 
or electronic communications may be conducted.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
the first section of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended by add-
ing after the item relating to section 111, the following: 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘Sec. 112. Statement of exclusive means by which electronic surveillance and 
interception of domestic communications may be conducted.’’. 
(c) CONFORMING AMENDMENTS.—Section 2511(2) 
of title 18, United States Code, is amended in paragraph 
(f), by striking ‘‘, as defined in section 101 of such Act,’’ 
and inserting ‘‘(as defined in section 101(f) of such Act 
regardless of the limitation of section 701 of such Act)’’. 
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 
including 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 
General shall submit to the committees of Congress re-
ferred 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 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
pleadings, applications, or memoranda of law associ-
ated 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 Amend-
ments Act of 2008 and not previously submitted in 
a report under subsection (a). 
‘‘(d) PROTECTION
OF NATIONAL SECURITY.—The 
Attorney General, in consultation with the Director of Na-
tional Intelligence, may authorize redactions of materials 
described in subsection (c) that are provided to the com-
mittees 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; COURT.—The term ‘‘ ‘Foreign Intelligence 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(4) A denial of the application made under this sub-
section may be reviewed as provided in section 103. 
‘‘(5) In the event that such application for approval 
is denied, or in any other case where the electronic surveil-
lance is terminated and no order is issued approving the 
surveillance, no information obtained or evidence derived 
from such surveillance shall be received in evidence or oth-
erwise disclosed in any trial, hearing, or other proceeding 
in or before any court, grand jury, department, office, 
agency, regulatory body, legislative committee, or other 
authority of the United States, a State, or political 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 compliance 
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, 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
the judge shall also authorize the installation and use of 
pen registers and trap and trace devices, and direct the 
disclosure of the information set forth in section 
402(d)(2).’’. 
SEC. 106. USE OF INFORMATION. 
Subsection (i) of section 106 of the Foreign Intel-
ligence Surveillance Act of 1978 (8 U.S.C. 1806) is 
amended by striking ‘‘radio communication’’ and inserting 
‘‘communication’’. 
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES. 
(a) APPLICATIONS.—Section 303 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1823) is 
amended— 
(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’’; 
(D) in paragraph (3)(C), as redesignated 
by subparagraph (B) of this paragraph, by in-
serting ‘‘or is about to be’’ before ‘‘owned’’; and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(E) in paragraph (6), as redesignated by 
subparagraph (B) of this paragraph, in the 
matter preceding subparagraph (A)— 
(i) by striking ‘‘Affairs or’’ and insert-
ing ‘‘Affairs,’’; and 
(ii) by striking ‘‘Senate—’’ and insert-
ing ‘‘Senate, or the Deputy Director of the 
Federal Bureau of Investigation, if des-
ignated by the President as a certifying of-
ficial—’’; 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 Intel-
ligence 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: 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(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 
reasonably— 
‘‘(A) determines that an emergency situation 
exists with respect to the employment of a physical 
search to obtain foreign intelligence information be-
fore an order authorizing such physical search can 
with due diligence be obtained; 
‘‘(B) 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 Surveil-
lance 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 Intelligence Sur-
veillance 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 paragraph 
(1), the Attorney General shall require that the minimiza-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
tion 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 terminate when 
the information sought is obtained, when the application 
for the order is denied, or after the expiration of 7 days 
from the time of authorization by the Attorney General, 
whichever is earliest. 
‘‘(4) A denial of the application made under this sub-
section may be reviewed as provided in section 103. 
‘‘(5)(A) In the event that such application for ap-
proval is denied, or in any other case where the physical 
search is terminated and no order is issued approving the 
physical search, no information obtained or evidence de-
rived from such physical search shall be received in evi-
dence 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 authority of the United States, a State, or political 
subdivision thereof, and no information concerning any 
United States person acquired from such physical search 
shall subsequently be used or disclosed in any other man-
ner by Federal officers or employees without the consent 
of such person, except with the approval of the Attorney 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
General if the information indicates a threat of death or 
serious bodily harm to any person. 
‘‘(B) The Attorney General shall assess compliance 
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 
subsection 
(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 
section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) is amended by inserting ‘‘at 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
least’’ before ‘‘seven of the United States judicial cir-
cuits’’. 
(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 further 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 
may, on its own initiative, or upon the request of the Gov-
ernment in any proceeding or a party under section 501(f) 
or paragraph (4) or (5) of section 703(h), hold a hearing 
or rehearing, en banc, when ordered by a majority of the 
judges that constitute such court upon a determination 
that— 
‘‘(i) en banc consideration is necessary to se-
cure or maintain uniformity of the court’s decisions; 
or 
‘‘(ii) the proceeding involves a question of ex-
ceptional importance. 
‘‘(B) Any authority granted by this Act to a judge 
of the court established under this subsection may be exer-
cised by the court en banc. When exercising such author-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
ity, the court en banc shall comply with any requirements 
of this Act on the exercise of such authority. 
‘‘(C) For purposes of this paragraph, the court en 
banc shall consist of all judges who constitute the court 
established under this subsection.’’. 
(2) CONFORMING AMENDMENTS.—The Foreign 
Intelligence Surveillance Act of 1978 is further 
amended— 
(A) in subsection (a) of section 103, as 
amended by this subsection, by inserting ‘‘(ex-
cept when sitting en banc under paragraph 
(2))’’ after ‘‘no judge designated under this 
subsection’’; and 
(B) in section 302(c) (50 U.S.C. 1822(c)), 
by inserting ‘‘(except when sitting en banc)’’ 
after ‘‘except that no judge’’. 
(c) STAY OR MODIFICATION DURING AN APPEAL.— 
Section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f)(1) A judge of the court established under sub-
section (a), the court established under subsection (b) or 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
a judge of that court, or the Supreme Court of the United 
States or a justice of that court, may, in accordance with 
the rules of their respective courts, enter a stay of an order 
or an order modifying an order of the court established 
under subsection (a) or the court established under sub-
section (b) entered under any title of this Act, while the 
court established under subsection (a) conducts a rehear-
ing, while an appeal is pending to the court established 
under subsection (b), or while a petition of certiorari is 
pending in the Supreme Court of the United States, or 
during the pendency of any review by that court. 
‘‘(2) The authority described in paragraph (1) shall 
apply to an order entered under any provision of this 
Act.’’. 
(d) AUTHORITY OF FOREIGN INTELLIGENCE SUR-
VEILLANCE COURT.—Section 103 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1803), as 
amended by this Act, is amended by adding at the end 
the following: 
‘‘(h)(1) Nothing in this Act shall be considered to re-
duce or contravene the inherent authority of the Foreign 
Intelligence Surveillance Court to determine, or enforce, 
compliance with an order or a rule of such Court or with 
a procedure approved by such Court. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(2) In this subsection, the terms ‘Foreign Intel-
ligence Surveillance Court’ and ‘Court’ mean the court es-
tablished by subsection (a).’’. 
SEC. 110. WEAPONS OF MASS DESTRUCTION. 
(a) DEFINITIONS.— 
(1) FOREIGN POWER.—Subsection (a)(4) of sec-
tion 101 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801(a)(4)) is amended by in-
serting ‘‘, the international proliferation of weapons 
of mass destruction,’’ after ‘‘international ter-
rorism’’. 
(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; 
(B) in subparagraph (C), by striking ‘‘or’’ 
at the end; and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(D) engages in the international prolifera-
tion of weapons of mass destruction, or activi-
ties in preparation therefor; or 
‘‘(E) engages in the international prolifera-
tion of weapons of mass destruction, or activi-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
ties in preparation therefor, for or on behalf of 
a foreign power; 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 
destruction’’. 
(4) WEAPON
OF
MASS
DESTRUCTION.—Such 
section 101 is amended by inserting after subsection 
(o) the following: 
‘‘(p) ‘Weapon of mass destruction’ means— 
‘‘(1) any destructive device described in section 
921(a)(4)(A) of title 18, United States Code, that is 
intended or has the capability to cause death or seri-
ous bodily injury to a significant number of people; 
‘‘(2) any weapon that is designed or intended to 
cause death or serious bodily injury through the re-
lease, dissemination, or impact of toxic or poisonous 
chemicals or their precursors; 
‘‘(3) any weapon involving a biological agent, 
toxin, or vector (as such terms are defined in section 
178 of title 18, United States Code); or 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(4) any weapon that is designed to release ra-
diation or radioactivity at a level dangerous to 
human life.’’. 
(b) USE OF INFORMATION.— 
(1) IN GENERAL.—Section 106(k)(1)(B) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1806(k)(1)(B)) is amended by striking ‘‘sab-
otage or international terrorism’’ and inserting ‘‘sab-
otage, international terrorism, or the international 
proliferation of weapons of mass destruction’’. 
(2) 
PHYSICAL
SEARCHES.—Section 
305(k)(1)(B) of such Act (50 U.S.C. 1825(k)(1)(B)) 
is amended by striking ‘‘sabotage or international 
terrorism’’ and inserting ‘‘sabotage, international 
terrorism, or the international proliferation of weap-
ons of mass destruction’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 301(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1821(1)) is amended by inserting 
‘‘ ‘weapon of mass destruction’,’’ after ‘‘ ‘person’,’’. 
SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS. 
Section 103(e) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803(e)) is amended— 
(1) in paragraph (1), by striking ‘‘105B(h) or 
501(f)(1)’’ and inserting ‘‘501(f)(1) or 703’’; and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(2) in paragraph (2), by striking ‘‘105B(h) or 
501(f)(1)’’ and inserting ‘‘501(f)(1) or 703’’. 
TITLE 
II—PROTECTIONS 
FOR 
ELECTRONIC 
COMMUNICA-
TION SERVICE PROVIDERS 
SEC. 201. DEFINITIONS. 
In this title: 
(1) 
ASSISTANCE.—The 
term 
‘‘assistance’’ 
means the provision of, or the provision of access to, 
information 
(including 
communication 
contents, 
communications records, or other information relat-
ing to a customer or communication), facilities, or 
another form of assistance. 
(2) CONTENTS.—The term ‘‘contents’’ has the 
meaning given that term in section 101(n) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801(n)). 
(3) COVERED CIVIL ACTION.—The term ‘‘cov-
ered civil action’’ means a civil action filed in a Fed-
eral or State court that— 
(A) alleges that an electronic communica-
tion service provider furnished assistance to an 
element of the intelligence community; and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(B) seeks monetary or other relief from the 
electronic communication service provider re-
lated to the provision of such assistance. 
(4) ELECTRONIC
COMMUNICATION
SERVICE 
PROVIDER.—The term ‘‘electronic communication 
service provider’’ means— 
(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
(B) a provider of an electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
(C) a provider of a remote computing serv-
ice, as that term is defined in section 2711 of 
title 18, United States Code; 
(D) any other communication service pro-
vider who has access to wire or electronic com-
munications either as such communications are 
transmitted or as such communications are 
stored; 
(E) a parent, subsidiary, affiliate, suc-
cessor, or assignee of an entity described in 
subparagraph (A), (B), (C), or (D); or 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(F) an officer, employee, or agent of an en-
tity described in subparagraph (A), (B), (C), 
(D), or (E). 
(5) ELEMENT OF THE INTELLIGENCE COMMU-
NITY.—The term ‘‘element of the intelligence com-
munity’’ means an element of the intelligence com-
munity specified in or designated under section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ELEC-
TRONIC 
COMMUNICATION 
SERVICE 
PRO-
VIDERS. 
(a) LIMITATIONS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a covered civil action shall not lie 
or be maintained in a Federal or State court, and 
shall be promptly dismissed, if the Attorney General 
certifies to the court that— 
(A) the assistance alleged to have been 
provided by the electronic communication serv-
ice provider was— 
(i) in connection with an intelligence 
activity involving communications that 
was— 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(I) authorized by the President 
during the period beginning on Sep-
tember 11, 2001, and ending on Jan-
uary 17, 2007; and 
(II) designed to detect or prevent 
a terrorist attack, or activities in 
preparation for a terrorist attack, 
against the United States; and 
(ii) described in a written request or 
directive from the Attorney General or the 
head of an element of the intelligence com-
munity (or the deputy of such person) to 
the electronic communication service pro-
vider indicating that the activity was— 
(I) authorized by the President; 
and 
(II) determined to be lawful; or 
(B) the electronic communication service 
provider did not provide the alleged assistance. 
(2) REVIEW.—A certification made pursuant to 
paragraph (1) shall be subject to review by a court 
for abuse of discretion. 
(b) REVIEW OF CERTIFICATIONS.—If the Attorney 
General files a declaration under section 1746 of title 28, 
United States Code, that disclosure of a certification made 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
pursuant to subsection (a) would harm the national secu-
rity of the United States, the court shall— 
(1) review such certification in camera and ex 
parte; and 
(2) limit any public disclosure concerning such 
certification, including any public order following 
such an ex parte review, to a statement that the con-
ditions of subsection (a) have been met, without dis-
closing the subparagraph of subsection (a)(1) that is 
the basis for the certification. 
(c) NONDELEGATION.—The authority and duties of 
the Attorney General under this section shall be performed 
by the Attorney General (or Acting Attorney General) or 
a designee in a position not lower than the Deputy Attor-
ney General. 
(d) CIVIL ACTIONS IN STATE COURT.—A covered 
civil action that is brought in a State court shall be 
deemed to arise under the Constitution and laws of the 
United States and shall be removable under section 1441 
of title 28, United States Code. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit any otherwise available im-
munity, privilege, or defense under any other provision of 
law. 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
(f) EFFECTIVE DATE AND APPLICATION.—This sec-
tion shall apply to any covered civil action that is pending 
on or filed after the date of enactment of this Act. 
SEC. 203. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES 
UNDER 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), as amended by section 101, is 
further amended by adding after title VII the following 
new title: 
‘‘TITLE 
VIII—PROTECTION 
OF 
PERSONS 
ASSISTING 
THE 
GOVERNMENT 
‘‘SEC. 801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) 
ASSISTANCE.—The 
term 
‘assistance’ 
means the provision of, or the provision of access to, 
information 
(including 
communication 
contents, 
communications records, or other information relat-
ing to a customer or communication), facilities, or 
another form of assistance. 
‘‘(2) ATTORNEY GENERAL.—The term ‘Attor-
ney General’ has the meaning give that term in sec-
tion 101(g). 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(3) CONTENTS.—The term ‘contents’ has the 
meaning given that term in section 101(n). 
‘‘(4) ELECTRONIC
COMMUNICATION
SERVICE 
PROVIDER.—The term ‘electronic communication 
service provider’ means— 
‘‘(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
‘‘(B) a provider of electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
‘‘(C) a provider of a remote computing 
service, as that term is defined in section 2711 
of title 18, United States Code; 
‘‘(D) any other communication service pro-
vider who has access to wire or electronic com-
munications either as such communications are 
transmitted or as such communications are 
stored; 
‘‘(E) a parent, subsidiary, affiliate, suc-
cessor, or assignee of an entity described in 
subparagraph (A), (B), (C), or (D); or 
‘‘(F) an officer, employee, or agent of an 
entity described in subparagraph (A), (B), (C), 
(D), or (E). 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(5) ELEMENT OF THE INTELLIGENCE COMMU-
NITY.—The term ‘element of the intelligence com-
munity’ means an element of the intelligence com-
munity as specified or designated under section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
‘‘(6) PERSON.—The term ‘person’ means— 
‘‘(A) an electronic communication service 
provider; or 
‘‘(B) a landlord, custodian, or other person 
who may be authorized or required to furnish 
assistance pursuant to— 
‘‘(i) an order of the court established 
under section 103(a) directing such assist-
ance; 
‘‘(ii) a certification in writing under 
section 2511(2)(a)(ii)(B) or 2709(b) of 
title 18, United States Code; or 
‘‘(iii) 
a 
directive 
under 
section 
102(a)(4), 105B(e), as in effect on the day 
before the date of the enactment of the 
FISA Amendments Act of 2008 or 703(h). 
‘‘(7) STATE.—The term ‘State’ means any 
State, political subdivision of a State, the Common-
wealth of Puerto Rico, the District of Columbia, and 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
any territory or possession of the United States, and 
includes any officer, public utility commission, or 
other body authorized to regulate an electronic com-
munication service provider. 
‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES. 
‘‘(a) REQUIREMENT FOR CERTIFICATION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, no civil action may lie or be main-
tained in a Federal or State court against any per-
son for providing assistance to an element of the in-
telligence community, and shall be promptly dis-
missed, if the Attorney General certifies to the court 
that— 
‘‘(A) any assistance by that person was 
provided pursuant to an order of the court es-
tablished under section 103(a) directing such 
assistance; 
‘‘(B) any assistance by that person was 
provided pursuant to a certification in writing 
under section 2511(2)(a)(ii)(B) or 2709(b) of 
title 18, United States Code; 
‘‘(C) any assistance by that person was 
provided pursuant to a directive under sections 
102(a)(4), 105B(e), as in effect on the day be-
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
fore the date of the enactment of the FISA 
Amendments Act of 2008, or 703(h) directing 
such assistance; or 
‘‘(D) the person did not provide the alleged 
assistance. 
‘‘(2) REVIEW.—A certification made pursuant 
to paragraph (1) shall be subject to review by a 
court for abuse of discretion. 
‘‘(b) LIMITATIONS ON DISCLOSURE.—If the Attorney 
General files a declaration under section 1746 of title 28, 
United States Code, that disclosure of a certification made 
pursuant to subsection (a) would harm the national secu-
rity of the United States, the court shall— 
‘‘(1) review such certification in camera and ex 
parte; and 
‘‘(2) limit any public disclosure concerning such 
certification, including any public order following 
such an ex parte review, to a statement that the con-
ditions of subsection (a) have been met, without dis-
closing the subparagraph of subsection (a)(1) that is 
the basis for the certification. 
‘‘(c) REMOVAL.—A civil action against a person for 
providing assistance to an element of the intelligence com-
munity that is brought in a State court shall be deemed 
to arise under the Constitution and laws of the United 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
States and shall be removable under section 1441 of title 
28, United States Code. 
‘‘(d) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this section may be construed to limit any otherwise avail-
able immunity, privilege, or defense under any other provi-
sion of law. 
‘‘(e) APPLICABILITY.—This section shall apply to a 
civil action pending on or filed after the date of enactment 
of the FISA Amendments Act of 2008.’’. 
SEC. 204. PREEMPTION OF STATE INVESTIGATIONS. 
Title VIII of the Foreign Intelligence Surveillance 
Act (50 U.S.C. 1801 et seq.), as added by section 203 
of this Act, is amended by adding at the end the following 
new section: 
‘‘SEC. 803. PREEMPTION. 
‘‘(a) IN GENERAL.—No State shall have authority 
to— 
‘‘(1) conduct an investigation into an electronic 
communication service provider’s alleged assistance 
to an element of the intelligence community; 
‘‘(2) require through regulation or any other 
means the disclosure of information about an elec-
tronic communication service provider’s alleged as-
sistance to an element of the intelligence community; 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘(3) impose any administrative sanction on an 
electronic communication service provider for assist-
ance to an element of the intelligence community; or 
‘‘(4) commence or maintain a civil action or 
other proceeding to enforce a requirement that an 
electronic communication service provider disclose 
information concerning alleged assistance to an ele-
ment of the intelligence community. 
‘‘(b) SUITS BY THE UNITED STATES.—The United 
States may bring suit to enforce the provisions of this sec-
tion. 
‘‘(c) JURISDICTION.—The district courts of the 
United States shall have jurisdiction over any civil action 
brought by the United States to enforce the provisions of 
this section. 
‘‘(d) APPLICATION.—This section shall apply to any 
investigation, action, or proceeding that is pending on or 
filed after the date of enactment of the FISA Amendments 
Act of 2008.’’. 
SEC. 205. TECHNICAL AMENDMENTS. 
The table of contents in the first section of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.), as amended by section 101(b), is further 
amended by adding at the end the following: 
‘‘TITLE VIII—PROTECTION OF PERSONS ASSISTING THE 
GOVERNMENT 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6211
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS
‘‘Sec. 801. Definitions. 
‘‘Sec. 802. Procedures for implementing statutory defenses. 
‘‘Sec. 803. Preemption.’’. 
TITLE III—OTHER PROVISIONS 
SEC. 301. SEVERABILITY. 
If any provision of this Act, any amendment made 
by this Act, or the application thereof to any person or 
circumstances 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. 302. EFFECTIVE DATE; REPEAL; TRANSITION PROCE-
DURES. 
(a) IN GENERAL.—Except as provided in subsection 
(c), the amendments made by this Act shall take effect 
on the date of the enactment of this Act. 
(b) REPEAL.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), sections 105A, 105B, and 105C of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805a, 1805b, and 1805c) are repealed. 
(2) TABLE OF CONTENTS.—The table of con-
tents 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. 
(c) TRANSITIONS PROCEDURES.— 
VerDate Aug 31 2005 
03:48 Feb 16, 2008
Jkt 069200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H5440.IH
H5440
smartinez on PRODPC61 with BILLS