HR 5825 RFS
and the Select Committee on Intelligence of the Senate 
under the provisions of section 108(a). 
‘‘(c) SUBMISSION OF CERTIFICATION.—The Attorney 
General shall immediately transmit under seal to the court 
established under section 103(a) a copy of his certifi-
cation. Such certification shall be maintained under secu-
rity measures established by the Chief Justice with the 
concurrence of the Attorney General, in consultation with 
the Director of National Intelligence, and shall remain 
sealed unless— 
‘‘(1) an application for a court order with respect to 
the surveillance is made under section 104; or 
‘‘(2) the certification is necessary to determine the 
legality of the surveillance under section 106(f). 
‘‘AUTHORIZATION FOR ACQUISITION OF FOREIGN 
INTELLIGENCE INFORMATION 
‘‘SEC. 102A. (a) IN GENERAL.—Notwithstanding 
any other law, the President, acting through the Attorney 
General may, for periods of up to one year, authorize the 
acquisition of foreign intelligence information concerning 
a person reasonably believed to be outside the United 
States if the Attorney General certifies in writing under 
oath that— 
‘‘(1) the acquisition does not constitute elec-
tronic surveillance; 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
‘‘(2) the acquisition involves obtaining the for-
eign intelligence information from or with the assist-
ance of a wire or electronic communications service 
provider, custodian, or other person (including any 
officer, employee, agent, or other specified person of 
such service provider, custodian, or other person) 
who has access to wire or electronic communications, 
either as they are transmitted or while they are 
stored, or equipment that is being or may be used 
to transmit or store such communications; 
‘‘(3) a significant purpose of the acquisition is 
to obtain foreign intelligence information; and 
‘‘(4) the proposed minimization procedures with 
respect to such acquisition activity meet the defini-
tion of minimization procedures under section 
101(h). 
‘‘(b) SPECIFIC PLACE NOT REQUIRED.—A certifi-
cation under subsection (a) is not required to identify the 
specific facilities, places, premises, or property at which 
the acquisition of foreign intelligence information will be 
directed. 
‘‘(c) SUBMISSION OF CERTIFICATION.—The Attorney 
General shall immediately transmit under seal to the court 
established under section 103(a) a copy of a certification 
made under subsection (a). Such certification shall be 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
maintained under security measures established by the 
Chief Justice of the United States and the Attorney Gen-
eral, in consultation with the Director of National Intel-
ligence, and shall remain sealed unless the certification is 
necessary to determine the legality of the acquisition 
under section 102B. 
‘‘(d) MINIMIZATION PROCEDURES.—An acquisition 
under this section may be conducted only in accordance 
with the certification of the Attorney General and the 
minimization procedures adopted by the Attorney General. 
The Attorney General shall assess compliance with such 
procedures and shall report such assessments to the Per-
manent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence 
of the Senate under section 108(a). 
‘‘DIRECTIVES RELATING TO ELECTRONIC SURVEILLANCE 
AND
OTHER
ACQUISITIONS
OF
FOREIGN
INTEL-
LIGENCE INFORMATION 
‘‘SEC. 102B. (a) DIRECTIVE.—With respect to an au-
thorization of electronic surveillance under section 102 or 
an authorization of an acquisition under section 102A, the 
Attorney General may direct a person to— 
‘‘(1) immediately provide the Government with 
all information, facilities, and assistance necessary 
to accomplish the acquisition of foreign intelligence 
information in such a manner as will protect the se-
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
crecy of the electronic surveillance or acquisition and 
produce a minimum of interference with the services 
that such person is providing to the target; and 
‘‘(2) maintain under security procedures ap-
proved by the Attorney General and the Director of 
National Intelligence any records concerning the 
electronic surveillance or acquisition or the aid fur-
nished that such person wishes to maintain. 
‘‘(b) COMPENSATION.—The Government shall com-
pensate, at the prevailing rate, a person for providing in-
formation, facilities, or assistance pursuant to subsection 
(a). 
‘‘(c) FAILURE TO COMPLY.—In the case of a failure 
to comply with a directive issued pursuant to subsection 
(a), the Attorney General may petition the court estab-
lished under section 103(a) to compel compliance with the 
directive. The court shall issue an order requiring the per-
son or entity to comply with the directive if it finds that 
the directive was issued in accordance with section 102(a) 
or 102A(a) and is otherwise lawful. Failure to obey an 
order of the court may be punished by the court as con-
tempt of court. Any process under this section may be 
served in any judicial district in which the person or entity 
may be found. 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
‘‘(d) REVIEW OF PETITIONS.—(1) IN GENERAL.— 
(A) CHALLENGE.—A person receiving a directive issued 
pursuant to subsection (a) may challenge the legality of 
that directive by filing a petition with the pool established 
under section 103(e)(1). 
‘‘(B) ASSIGNMENT OF JUDGE.—The presiding judge 
designated pursuant to section 103(b) shall assign a peti-
tion filed under subparagraph (A) to one of the judges 
serving in the pool established by section 103(e)(1). Not 
later than 24 hours after the assignment of such petition, 
the assigned judge shall conduct an initial review of the 
directive. If the assigned judge determines that the peti-
tion is frivolous, the assigned judge shall deny the petition 
and affirm the directive or any part of the directive that 
is the subject of the petition. If the assigned judge deter-
mines the petition is not frivolous, the assigned judge 
shall, within 72 hours, consider the petition in accordance 
with the procedures established under section 103(e)(2) 
and provide a written statement for the record of the rea-
sons for any determination under this subsection. 
‘‘(2) STANDARD OF REVIEW.—A judge considering a 
petition to modify or set aside a directive may grant such 
petition only if the judge finds that such directive does 
not meet the requirements of this section or is otherwise 
unlawful. If the judge does not modify or set aside the 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
directive, the judge shall affirm such directive, and order 
the recipient to comply with such directive. 
‘‘(3) DIRECTIVES NOT MODIFIED.—Any directive not 
explicitly modified or set aside under this subsection shall 
remain in full effect. 
‘‘(e) APPEALS.—The Government or a person receiv-
ing a directive reviewed pursuant to subsection (d) may 
file a petition with the court of review established under 
section 103(b) for review of the decision issued pursuant 
to subsection (d) not later than 7 days after the issuance 
of such decision. Such court of review shall have jurisdic-
tion to consider such petitions and shall provide for the 
record a written statement of the reasons for its decision. 
On petition by the Government or any person receiving 
such directive for a writ of certiorari, the record shall be 
transmitted under seal to the Supreme Court, which shall 
have jurisdiction to review such decision. 
‘‘(f) PROCEEDINGS.—Judicial proceedings under this 
section shall be concluded as expeditiously as possible. The 
record of proceedings, including petitions filed, orders 
granted, and statements of reasons for decision, shall be 
maintained under security measures established by the 
Chief Justice of the United States, in consultation with 
the Attorney General and the Director of National Intel-
ligence. 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
‘‘(g) SEALED PETITIONS.—All petitions under this 
section shall be filed under seal. In any proceedings under 
this section, the court shall, upon request of the Govern-
ment, review ex parte and in camera any Government sub-
mission, or portions of a submission, which may include 
classified information. 
‘‘(h) LIABILITY.—No cause of action shall lie in any 
court against any person for providing any information, 
facilities, or assistance in accordance with a directive 
under this section. 
‘‘(i) USE OF INFORMATION.—Information acquired 
pursuant to a directive by the Attorney General under this 
section concerning any United States person may be used 
and disclosed by Federal officers and employees without 
the consent of the United States person only in accordance 
with the minimization procedures required by section 
102(a) or 102A(a). No otherwise privileged communica-
tion obtained in accordance with, or in violation of, the 
provisions of this section shall lose its privileged character. 
No information from an electronic surveillance under sec-
tion 102 or an acquisition pursuant to section 102A may 
be used or disclosed by Federal officers or employees ex-
cept for lawful purposes. 
‘‘(j) USE IN LAW ENFORCEMENT.—No information 
acquired pursuant to this section shall be disclosed for law 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
enforcement purposes unless such disclosure is accom-
panied by a statement that such information, or any infor-
mation derived from such information, may only be used 
in a criminal proceeding with the advance authorization 
of the Attorney General. 
‘‘(k) DISCLOSURE IN TRIAL.—If the Government in-
tends to enter into evidence or otherwise use or disclose 
in any trial, hearing, or other proceeding in or before any 
court, department, officer, agency, regulatory body, or 
other authority of the United States, against an aggrieved 
person, any information obtained or derived from an elec-
tronic surveillance conducted under section 102 or an ac-
quisition authorized pursuant to section 102A, the Gov-
ernment shall, prior to the trial, hearing, or other pro-
ceeding or at a reasonable time prior to an effort to dis-
close or use that information or submit it in evidence, no-
tify the aggrieved person and the court or other authority 
in which the information is to be disclosed or used that 
the Government intends to disclose or use such informa-
tion. 
‘‘(l) DISCLOSURE IN STATE TRIALS.—If a State or 
political subdivision of a State intends to enter into evi-
dence or otherwise use or disclose in any trial, hearing, 
or other proceeding in or before any court, department, 
officer, agency, regulatory body, or other authority of a 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
State or a political subdivision of a State, against an ag-
grieved person, any information obtained or derived from 
an electronic surveillance authorized pursuant to section 
102 or an acquisition authorized pursuant to section 
102A, the State or political subdivision of such State shall 
notify the aggrieved person, the court, or other authority 
in which the information is to be disclosed or used and 
the Attorney General that the State or political subdivision 
intends to disclose or use such information. 
‘‘(m) MOTION
TO EXCLUDE EVIDENCE.—(1) IN 
GENERAL.—Any person against whom evidence obtained 
or derived from an electronic surveillance authorized pur-
suant to section 102 or an acquisition authorized pursuant 
to section 102A is to be, or has been, used or disclosed 
in any trial, hearing, or other proceeding in or before any 
court, department, officer, agency, regulatory body, or 
other authority of the United States, a State, or a political 
subdivision thereof, may move to suppress the evidence ob-
tained or derived from such electronic surveillance or such 
acquisition on the grounds that— 
‘‘(A) the information was unlawfully acquired; 
or 
‘‘(B) the electronic surveillance or acquisition 
was not properly made in conformity with an au-
thorization under section 102(a) or 102A(a). 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
‘‘(2) TIMING.—A person moving to suppress evidence 
under paragraph (1) shall make the motion to suppress 
the evidence before the trial, hearing, or other proceeding 
unless there was no opportunity to make such a motion 
or the person was not aware of the grounds of the motion. 
‘‘(n) REVIEW OF MOTIONS.—If a court or other au-
thority is notified pursuant to subsection (k) or (l), a mo-
tion is made pursuant to subsection (m), or a motion or 
request is made by an aggrieved person pursuant to any 
other statute or rule of the United States or any State 
before any court or other authority of the United States 
or any State— 
‘‘(1) to discover or obtain an Attorney General 
directive or other materials relating to an electronic 
surveillance authorized pursuant to section 102 or 
an acquisition authorized pursuant to section 102A, 
or 
‘‘(2) to discover, obtain, or suppress evidence or 
information obtained or derived from an electronic 
surveillance authorized pursuant to section 102 or 
an acquisition authorized pursuant to section 102A, 
the United States district court or, where the motion is 
made before another authority, the United States district 
court in the same district as the authority, shall, notwith-
standing any other law, if the Attorney General files an 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
affidavit under oath that disclosure or an adversary hear-
ing would harm the national security of the United States, 
review in camera and ex parte the application, order, and 
such other materials relating to such electronic surveil-
lance or such acquisition as may be necessary to determine 
whether such electronic surveillance or such acquisition 
authorized under this section was lawfully authorized and 
conducted. In making this determination, the court may 
disclose to the aggrieved person, under appropriate secu-
rity procedures and protective orders, portions of the di-
rective or other materials relating to the acquisition only 
where such disclosure is necessary to make an accurate 
determination of the legality of the acquisition. 
‘‘(o) DETERMINATIONS.—If, pursuant to subsection 
(n), a United States district court determines that the ac-
quisition authorized under this section was not lawfully 
authorized or conducted, it shall, in accordance with the 
requirements of law, suppress the evidence which was un-
lawfully obtained or derived or otherwise grant the motion 
of the aggrieved person. If the court determines that such 
acquisition was lawfully authorized and conducted, it shall 
deny the motion of the aggrieved person except to the ex-
tent that due process requires discovery or disclosure. 
‘‘(p) BINDING ORDERS.—Orders granting motions or 
requests under subsection (m), decisions under this section 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
that an electronic surveillance or an acquisition was not 
lawfully authorized or conducted, and orders of the United 
States district court requiring review or granting disclo-
sure of directives, orders, or other materials relating to 
such acquisition shall be final orders and binding upon 
all courts of the United States and the several States ex-
cept a United States court of appeals and the Supreme 
Court. 
‘‘(q) COORDINATION.—(1) IN GENERAL.—Federal 
officers who acquire foreign intelligence information may 
consult with Federal law enforcement officers or law en-
forcement personnel of a State or political subdivision of 
a State, including the chief executive officer of that State 
or political subdivision who has the authority to appoint 
or direct the chief law enforcement officer of that State 
or political subdivision, to coordinate efforts to investigate 
or protect against— 
‘‘(A) actual or potential attack or other grave 
hostile acts of a foreign power or an agent of a for-
eign power; 
‘‘(B) sabotage, international terrorism, or the 
development or proliferation of weapons of mass de-
struction by a foreign power or an agent of a foreign 
power; or 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
‘‘(C) clandestine intelligence activities by an in-
telligence service or network of a foreign power or by 
an agent of a foreign power. 
‘‘(2) CERTIFICATION REQUIRED.—Coordination au-
thorized under paragraph (1) shall not preclude the cer-
tification required by section 102(a) or 102A(a). 
‘‘(r) RETENTION OF DIRECTIVES AND ORDERS.—A 
directive made or an order granted under this section shall 
be retained for a period of not less than 10 years from 
the date on which such directive or such order is made.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
the first section of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended by in-
serting after the item relating to section 102 the following: 
‘‘102A. Authorization for acquisition of foreign intelligence information. 
‘‘102B. Directives relating to electronic surveillance and other acquisitions of 
foreign intelligence information.’’. 
SEC. 4. JURISDICTION OF FISA COURT. 
Section 103 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803) is amended by adding at 
the end the following new subsection: 
‘‘(g) Applications for a court order under this title 
are authorized if the President has, by written authoriza-
tion, empowered the Attorney General to approve applica-
tions to the court having jurisdiction under this section, 
and a judge to whom an application is made may, notwith-
standing any other law, grant an order, in conformity with 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
section 105, approving electronic surveillance of a foreign 
power or an agent of a foreign power for the purpose of 
obtaining foreign intelligence information.’’. 
SEC. 5. APPLICATIONS FOR COURT ORDERS. 
Section 104 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1804) is amended— 
(1) in subsection (a)— 
(A) in paragraph (6), by striking ‘‘detailed 
description’’ and inserting ‘‘summary descrip-
tion’’; 
(B) in paragraph (7)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘or officials des-
ignated’’ and all that follows through ‘‘con-
sent of the Senate’’ and inserting ‘‘des-
ignated by the President to authorize elec-
tronic surveillance for foreign intelligence 
purposes’’; 
(ii) in subparagraph (C), by striking 
‘‘techniques;’’ and inserting ‘‘techniques; 
and’’; 
(iii) by striking subparagraph (D); 
and 
(iv) by redesignating subparagraph 
(E) as subparagraph (D); 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
(C) in paragraph (8), by striking ‘‘a state-
ment of the means’’ and inserting ‘‘a summary 
statement of the means’’; 
(D) in paragraph (9)— 
(i) by striking ‘‘a statement’’ and in-
serting ‘‘a summary statement’’; and 
(ii) by striking ‘‘application;’’ and in-
serting ‘‘application; and’’; 
(E) in paragraph (10), by striking ‘‘there-
after; and’’ and inserting ‘‘thereafter.’’; and 
(F) by striking paragraph (11). 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) through (e) 
as subsections (b) through (d), respectively; and 
(4) in paragraph (1)(A) of subsection (d), as re-
designated by paragraph (3), by striking ‘‘or the Di-
rector of National Intelligence’’ and inserting ‘‘the 
Director of National Intelligence, or the Director of 
the Central Intelligence Agency’’. 
SEC. 6. ISSUANCE OF AN ORDER. 
Section 105 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1805) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); and 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; 
(2) in subsection (c)(1)— 
(A) in subparagraph (D), by striking ‘‘sur-
veillance;’’ and inserting ‘‘surveillance; and’’; 
(B) in subparagraph (E), by striking ‘‘ap-
proved; and’’ and inserting ‘‘approved.’’; and 
(C) by striking subparagraph (F); 
(3) by striking subsection (d); 
(4) by redesignating subsections (e) through (i) 
as subsections (d) through (h), respectively; 
(5) in subsection (d), as redesignated by para-
graph (4), by amending paragraph (2) to read as 
follows: 
‘‘(2) Extensions of an order issued under this title 
may be granted on the same basis as an original order 
upon an application for an extension and new findings 
made in the same manner as required for an original order 
and may be for a period not to exceed one year.’’; 
(6) in subsection (e), as redesignated by para-
graph (4), to read as follows: 
‘‘(e) Notwithstanding any other provision of this title, 
the Attorney General may authorize the emergency em-
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
ployment of electronic surveillance if the Attorney Gen-
eral— 
‘‘(1) determines that an emergency situation ex-
ists with respect to the employment of electronic 
surveillance to obtain foreign intelligence informa-
tion before an order authorizing such surveillance 
can with due diligence be obtained; 
‘‘(2) determines that the factual basis for 
issuance of an order under this title to approve such 
electronic surveillance exists; 
‘‘(3) informs a judge having jurisdiction under 
section 103 at the time of such authorization that 
the decision has been made to employ emergency 
electronic surveillance; and 
‘‘(4) makes an application in accordance with 
this title to a judge having jurisdiction under section 
103 as soon as practicable, but not more than 168 
hours after the Attorney General authorizes such 
surveillance. 
If the Attorney General authorizes such emergency em-
ployment of electronic surveillance, the Attorney General 
shall require that the minimization procedures required by 
this title for the issuance of a judicial order be followed. 
In the absence of a judicial order approving such electronic 
surveillance, the surveillance shall terminate when the in-
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
formation sought is obtained, when the application for the 
order is denied, or after the expiration of 168 hours from 
the time of authorization by the Attorney General, which-
ever is earliest. In the event that such application for ap-
proval is denied, or in any other case where the electronic 
surveillance is terminated and no order is issued approving 
the surveillance, no information obtained or evidence de-
rived from such surveillance shall be received in evidence 
or otherwise disclosed in any trial, hearing, or other pro-
ceeding in or before any court, grand jury, department, 
office, agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or political 
subdivision thereof, and no information concerning any 
United States person acquired from such surveillance shall 
subsequently be used or disclosed in any other manner by 
Federal officers or employees without the consent of such 
person, except with the approval of the Attorney General 
if the information indicates a threat of death or serious 
bodily harm to any person. A denial of the application 
made under this subsection may be reviewed as provided 
in section 103.’’; 
(7) in subsection (h), as redesignated by para-
graph (4)— 
(A) by striking ‘‘a wire or’’ and inserting 
‘‘an’’; and 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
(B) by striking ‘‘physical search’’ and in-
serting ‘‘physical search or in response to a cer-
tification by the Attorney General or a designee 
of the Attorney General seeking information, 
facilities, or technical assistance from such per-
son under section 102B’’; and 
(8) by adding at the end the following new sub-
section: 
‘‘(i) In any case in which the Government makes an 
application to a judge under this title to conduct electronic 
surveillance involving communications and the judge 
grants such application, the judge shall also authorize the 
installation and use of pen registers and trap and trace 
devices to acquire dialing, routing, addressing, and sig-
naling information related to such communications and 
such dialing, routing, addressing, and signaling informa-
tion shall not be subject to minimization procedures.’’. 
SEC. 7. USE OF INFORMATION. 
Section 106(i) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1806(i)) is amended— 
(1) by striking ‘‘radio communication’’ and in-
serting ‘‘communication’’; and 
(2) by striking ‘‘contents indicates’’ and insert-
ing ‘‘contents contain significant foreign intelligence 
information or indicate’’. 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
SEC. 8. CONGRESSIONAL OVERSIGHT. 
(a) ELECTRONIC SURVEILLANCE UNDER FISA.— 
Section 108 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1808) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) the authority under which the elec-
tronic surveillance is conducted.’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) On a semiannual basis, the Attorney General ad-
ditionally shall fully inform the Permanent Select Com-
mittee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate on elec-
tronic surveillance conducted without a court order.’’. 
(b) INTELLIGENCE ACTIVITIES.—The National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) is amended— 
(1) in section 501 (50 U.S.C. 413)— 
(A) by redesignating subsection (f) as sub-
section (g); and 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
(B) by inserting after subsection (e) the 
following new subsection: 
‘‘(f) The Chair of each of the congressional intel-
ligence committees, in consultation with the ranking mem-
ber of the committee for which the person is Chair, may 
inform— 
‘‘(1) on a bipartisan basis, all members or any 
individual members of such committee, and 
‘‘(2) any essential staff of such committee, 
of a report submitted under subsection (a)(1) or sub-
section (b) as such Chair considers necessary.’’; 
(2) in section 502 (50 U.S.C. 414), by adding 
at the end the following new subsection: 
‘‘(d) INFORMING OF COMMITTEE MEMBERS.—The 
Chair of each of the congressional intelligence committees, 
in consultation with the ranking member of the committee 
for which the person is Chair, may inform— 
‘‘(1) on a bipartisan basis, all members or any 
individual members of such committee, and 
‘‘(2) any essential staff of such committee, 
of a report submitted under subsection (a) as such Chair 
considers necessary.’’; and 
(3) in section 503 (50 U.S.C. 415), by adding 
at the end the following new subsection: 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
‘‘(g) The Chair of each of the congressional intel-
ligence committees, in consultation with the ranking mem-
ber of the committee for which the person is Chair, may 
inform— 
‘‘(1) on a bipartisan basis, all members or any 
individual members of such committee, and 
‘‘(2) any essential staff of such committee, 
of a report submitted under subsection (b), (c), or (d) as 
such Chair considers necessary.’’. 
SEC. 9. INTERNATIONAL MOVEMENT OF TARGETS. 
(a) ELECTRONIC SURVEILLANCE.—Section 105(d) of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805(d)), as redesignated by section 6(4), is 
amended by adding at the end the following new para-
graph: 
‘‘(4) An order issued under this section shall remain 
in force during the authorized period of surveillance not-
withstanding the absence of the target from the United 
States, unless the Government files a motion to extinguish 
the order and the court grants the motion.’’. 
(b) PHYSICAL SEARCH.—Section 304(d) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1824(d)) is amended by adding at the end the following 
new paragraph: 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
‘‘(4) An order issued under this section shall re-
main in force during the authorized period of sur-
veillance notwithstanding the absence of the target 
from the United States, unless the Government files 
a motion to extinguish the order and the court 
grants the motion.’’. 
SEC. 
10. 
COMPLIANCE 
WITH 
COURT 
ORDERS 
AND 
ANTITERRORISM PROGRAMS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, and in addition to the immunities, privileges, 
and defenses provided by any other provision of law, no 
action, claim, or proceeding shall lie or be maintained in 
any court, and no penalty, sanction, or other form of rem-
edy or relief shall be imposed by any court or any other 
body, against any person for an activity arising from or 
relating to the provision to an element of the intelligence 
community of any information (including records or other 
information pertaining to a customer), facilities, or assist-
ance during the period of time beginning on September 
11, 2001, and ending on the date that is 60 days after 
the date of the enactment of this Act, in connection with 
any alleged communications intelligence program that the 
Attorney General or a designee of the Attorney General 
certifies, in a manner consistent with the protection of 
State secrets, is, was, or would be intended to protect the 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS
HR 5825 RFS
United States from a terrorist attack. This section shall 
apply to all actions, claims, or proceedings pending on or 
after the effective date of this Act. 
(b) JURISDICTION.—Any action, claim, or proceeding 
described in subsection (a) that is brought in a State court 
shall be deemed to arise under the Constitution and laws 
of the United States and shall be removable pursuant to 
section 1441 of title 28, United States Code. 
(c) DEFINITIONS.—In this section: 
(1) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given the 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
(2) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 2510(6) of title 
18, United States Code. 
SEC. 11. REPORT ON MINIMIZATION PROCEDURES. 
(a) REPORT.—Not later than two years after the date 
of the enactment of this Act, and annually thereafter until 
December 31, 2009, the Director of the National Security 
Agency, in consultation with the Director of National In-
telligence and the Attorney General, shall submit to the 
Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intel-
ligence of the Senate a report on the effectiveness and use 
VerDate Aug 31 2005 
02:02 Nov 15, 2006
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5825.RFS
H5825
hmoore on PROD1PC60 with BILLS