(a) and any relevant court order, certification, writ-
ten request, or directive submitted pursuant to sub-
section (d). 
‘‘(c) 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) or the supplemental materials 
provided pursuant to subsection (b) or (d) would harm the 
national security of the United States, the court shall— 
‘‘(1) review such certification and the supple-
mental materials in camera and ex parte; and 
‘‘(2) limit any public disclosure concerning such 
certification and the supplemental materials, includ-
ing any public order following such in camera and 
ex parte review, to a statement as to whether the 
case is dismissed and a description of the legal 
standards that govern the order, without disclosing 
the paragraph of subsection (a) that is the basis for 
the certification. 
‘‘(d) ROLE OF THE PARTIES.—Any plaintiff or de-
fendant in a civil action may submit any relevant court 
order, certification, written request, or directive to the dis-
trict court referred to in subsection (a) for review and 
shall be permitted to participate in the briefing or argu-
ment of any legal issue in a judicial proceeding conducted 
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pursuant to this section, but only to the extent that such 
participation does not require the disclosure of classified 
information to such party. To the extent that classified 
information is relevant to the proceeding or would be re-
vealed in the determination of an issue, the court shall 
review such information in camera and ex parte, and shall 
issue any part of the court’s written order that would re-
veal classified information in camera and ex parte and 
maintain such part under seal. 
‘‘(e) NONDELEGATION.—The authority and duties of 
the Attorney General under this section shall be performed 
by the Attorney General (or Acting Attorney General) or 
the Deputy Attorney General. 
‘‘(f) APPEAL.—The courts of appeals shall have juris-
diction of appeals from interlocutory orders of the district 
courts of the United States granting or denying a motion 
to dismiss or for summary judgment under this section. 
‘‘(g) 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 
States and shall be removable under section 1441 of title 
28, United States Code. 
‘‘(h) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this section shall be construed to limit any otherwise avail-
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able immunity, privilege, or defense under any other provi-
sion of law. 
‘‘(i) APPLICABILITY.—This section shall apply to a 
civil action pending on or filed after the date of the enact-
ment of the FISA Amendments Act of 2008. 
‘‘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; 
‘‘(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. 
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‘‘(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 
commenced after the date of the enactment of the FISA 
Amendments Act of 2008. 
‘‘SEC. 804. REPORTING. 
‘‘(a) SEMIANNUAL REPORT.—Not less frequently 
than once every 6 months, the Attorney General shall, in 
a manner consistent with national security, the Rules of 
the House of Representatives, the Standing Rules of the 
Senate, and Senate Resolution 400 of the 94th Congress 
or any successor Senate resolution, fully inform the con-
gressional intelligence committees, the Committee on the 
Judiciary of the Senate, and the Committee on the Judici-
ary of the House of Representatives concerning the imple-
mentation of this title. 
‘‘(b) CONTENT.—Each report made under subsection 
(a) shall include— 
‘‘(1) any certifications made under section 802; 
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‘‘(2) a description of the judicial review of the 
certifications made under section 802; and 
‘‘(3) any actions taken to enforce the provisions 
of section 803.’’. 
SEC. 202. 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 
‘‘Sec. 801. Definitions. 
‘‘Sec. 802. Procedures for implementing statutory defenses. 
‘‘Sec. 803. Preemption. 
‘‘Sec. 804. Reporting.’’. 
TITLE III—REVIEW OF PREVIOUS 
ACTIONS 
SEC. 301. REVIEW OF PREVIOUS ACTIONS. 
(a) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Select Committee on Intelligence 
and the Committee on the Judiciary of the Sen-
ate; and 
(B) the Permanent Select Committee on 
Intelligence and the Committee on the Judici-
ary of the House of Representatives. 
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(2) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—The term ‘‘Foreign Intelligence Surveil-
lance Court’’ means the court established under sec-
tion 103(a) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(a)). 
(3) PRESIDENT’S SURVEILLANCE PROGRAM AND 
PROGRAM.—The terms ‘‘President’s Surveillance 
Program’’ and ‘‘Program’’ mean the intelligence ac-
tivity involving communications that was authorized 
by the President during the period beginning on 
September 11, 2001, and ending on January 17, 
2007, including the program referred to by the 
President in a radio address on December 17, 2005 
(commonly known as the Terrorist Surveillance Pro-
gram). 
(b) REVIEWS.— 
(1) REQUIREMENT TO CONDUCT.—The Inspec-
tors General of the Department of Justice, the Of-
fice of the Director of National Intelligence, the Na-
tional Security Agency, the Department of Defense, 
and any other element of the intelligence community 
that participated in the President’s Surveillance Pro-
gram, shall complete a comprehensive review of, with 
respect to the oversight authority and responsibility 
of each such Inspector General— 
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100 
(3) FORM.—A report under this subsection 
shall be submitted in unclassified form, but may in-
clude a classified annex. The unclassified report 
shall not disclose the name or identity of any indi-
vidual or entity of the private sector that partici-
pated in the Program or with whom there was com-
munication about the Program, to the extent that 
information is classified. 
(d) RESOURCES.— 
(1) EXPEDITED
SECURITY
CLEARANCE.—The 
Director of National Intelligence shall ensure that 
the process for the investigation and adjudication of 
an application by an Inspector General or any ap-
propriate staff of an Inspector General for a security 
clearance necessary for the conduct of the review 
under subsection (b)(1) is carried out as expedi-
tiously as possible. 
(2) ADDITIONAL PERSONNEL FOR THE INSPEC-
TORS GENERAL.—An Inspector General required to 
conduct a review under subsection (b)(1) and submit 
a report under subsection (c) is authorized to hire 
such additional personnel as may be necessary to 
carry out such review and prepare such report in a 
prompt and timely manner. Personnel authorized to 
be hired under this paragraph— 
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101 
(A) shall perform such duties relating to 
such a review as the relevant Inspector General 
shall direct; and 
(B) are in addition to any other personnel 
authorized by law. 
(3) TRANSFER OF PERSONNEL.—The Attorney 
General, the Secretary of Defense, the Director of 
National Intelligence, the Director of the National 
Security Agency, or the head of any other element 
of the intelligence community may transfer per-
sonnel to the relevant Office of the Inspector Gen-
eral required to conduct a review under subsection 
(b)(1) and submit a report under subsection (c) and, 
in addition to any other personnel authorized by law, 
are authorized to fill any vacancy caused by such a 
transfer. Personnel transferred under this paragraph 
shall perform such duties relating to such review as 
the relevant Inspector General shall direct. 
TITLE IV—OTHER PROVISIONS 
SEC. 401. SEVERABILITY. 
If any provision of this Act, any amendment made 
by this Act, or the application thereof to any person or 
circumstances is held invalid, the validity of the remainder 
of the Act, of any such amendments, and of the applica-
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102 
tion of such provisions to other persons and circumstances 
shall not be affected thereby. 
SEC. 402. EFFECTIVE DATE. 
Except as provided in section 404, the amendments 
made by this Act shall take effect on the date of the enact-
ment of this Act. 
SEC. 403. REPEALS. 
(a) REPEAL OF PROTECT AMERICA ACT OF 2007 
PROVISIONS.— 
(1) AMENDMENTS TO FISA.— 
(A) IN GENERAL.—Except as provided in 
section 404, sections 105A, 105B, and 105C of 
the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1805a, 1805b, and 1805c) are 
repealed. 
(B) TECHNICAL AND CONFORMING AMEND-
MENTS.— 
(i) TABLE OF CONTENTS.—The table 
of contents in the first section of the For-
eign 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. 
(ii) CONFORMING AMENDMENTS.—Ex-
cept as provided in section 404, section 
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103 
103(e) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803(e)) is 
amended— 
(I) in paragraph (1), by striking 
‘‘105B(h) or 501(f)(1)’’ and inserting 
‘‘501(f)(1) or 702(h)(4)’’; and 
(II) in paragraph (2), by striking 
‘‘105B(h) or 501(f)(1)’’ and inserting 
‘‘501(f)(1) or 702(h)(4)’’. 
(2) REPORTING
REQUIREMENTS.—Except as 
provided in section 404, section 4 of the Protect 
America Act of 2007 (Public Law 110–55; 121 Stat. 
555) is repealed. 
(3) TRANSITION PROCEDURES.—Except as pro-
vided in section 404, subsection (b) of section 6 of 
the Protect America Act of 2007 (Public Law 110– 
55; 121 Stat. 556) is repealed. 
(b) FISA AMENDMENTS ACT OF 2008.— 
(1) IN GENERAL.—Except as provided in sec-
tion 404, effective December 31, 2012, title VII of 
the Foreign Intelligence Surveillance Act of 1978, as 
amended by section 101(a), is repealed. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Effective December 31, 2012— 
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104 
(A) the table of contents in the first sec-
tion of such Act (50 U.S.C. 1801 et seq.) is 
amended by striking the items related to title 
VII; 
(B) except as provided in section 404, sec-
tion 601(a)(1) of such Act (50 U.S.C. 
1871(a)(1)) is amended to read as such section 
read on the day before the date of the enact-
ment of this Act; and 
(C) except as provided in section 404, sec-
tion 2511(2)(a)(ii)(A) of title 18, United States 
Code, is amended by striking ‘‘or a court order 
pursuant to section 704 of the Foreign Intel-
ligence Surveillance Act of 1978’’. 
SEC. 404. TRANSITION PROCEDURES. 
(a) TRANSITION PROCEDURES FOR PROTECT AMER-
ICA ACT OF 2007 PROVISIONS.— 
(1) CONTINUED EFFECT OF ORDERS, AUTHOR-
IZATIONS, DIRECTIVES.—Except as provided in para-
graph (7), notwithstanding any other provision of 
law, any order, authorization, or directive issued or 
made pursuant to section 105B of the Foreign Intel-
ligence Surveillance Act of 1978, as added by section 
2 of the Protect America Act of 2007 (Public Law 
110–55; 121 Stat. 552), shall continue in effect 
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105 
until the expiration of such order, authorization, or 
directive. 
(2) APPLICABILITY OF PROTECT AMERICA ACT 
OF 2007 TO CONTINUED ORDERS, AUTHORIZATIONS, 
DIRECTIVES.—Notwithstanding any other provision 
of this Act, any amendment made by this Act, or the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.)— 
(A) subject to paragraph (3), section 105A 
of such Act, as added by section 2 of the Pro-
tect America Act of 2007 (Public Law 110–55; 
121 Stat. 552), shall continue to apply to any 
acquisition conducted pursuant to an order, au-
thorization, or directive referred to in para-
graph (1); and 
(B) sections 105B and 105C of the For-
eign Intelligence Surveillance Act of 1978, as 
added by sections 2 and 3, respectively, of the 
Protect America Act of 2007, shall continue to 
apply with respect to an order, authorization, or 
directive referred to in paragraph (1) until the 
later of— 
(i) the expiration of such order, au-
thorization, or directive; or 
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106 
(ii) the date on which final judgment 
is entered for any petition or other litiga-
tion relating to such order, authorization, 
or directive. 
(3) USE
OF
INFORMATION.—Information ac-
quired from an acquisition conducted pursuant to an 
order, authorization, or directive referred to in para-
graph (1) shall be deemed to be information ac-
quired from an electronic surveillance pursuant to 
title I of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) for purposes of sec-
tion 106 of such Act (50 U.S.C. 1806), except for 
purposes of subsection (j) of such section. 
(4) PROTECTION FROM LIABILITY.—Subsection 
(l) of section 105B of the Foreign Intelligence Sur-
veillance Act of 1978, as added by section 2 of the 
Protect America Act of 2007, shall continue to apply 
with respect to any directives issued pursuant to 
such section 105B. 
(5) JURISDICTION OF FOREIGN INTELLIGENCE 
SURVEILLANCE COURT.—Notwithstanding any other 
provision of this Act or of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
section 103(e) of the Foreign Intelligence Surveil-
lance Act (50 U.S.C. 1803(e)), as amended by sec-
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107 
tion 5(a) of the Protect America Act of 2007 (Public 
Law 110–55; 121 Stat. 556), shall continue to apply 
with respect to a directive issued pursuant to section 
105B of the Foreign Intelligence Surveillance Act of 
1978, as added by section 2 of the Protect America 
Act of 2007, until the later of— 
(A) the expiration of all orders, authoriza-
tions, or directives referred to in paragraph (1); 
or 
(B) the date on which final judgment is 
entered for any petition or other litigation relat-
ing to such order, authorization, or directive. 
(6) REPORTING REQUIREMENTS.— 
(A) 
CONTINUED
APPLICABILITY.—Not-
withstanding any other provision of this Act, 
any amendment made by this Act, the Protect 
America Act of 2007 (Public Law 110–55), or 
the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.), section 4 of the 
Protect America Act of 2007 shall continue to 
apply until the date that the certification de-
scribed in subparagraph (B) is submitted. 
(B) CERTIFICATION.—The certification de-
scribed in this subparagraph is a certification— 
(i) made by the Attorney General; 
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108 
(ii) submitted as part of a semi-an-
nual report required by section 4 of the 
Protect America Act of 2007; 
(iii) that states that there will be no 
further acquisitions carried out under sec-
tion 105B of the Foreign Intelligence Sur-
veillance Act of 1978, as added by section 
2 of the Protect America Act of 2007, 
after the date of such certification; and 
(iv) that states that the information 
required to be included under such section 
4 relating to any acquisition conducted 
under such section 105B has been included 
in a semi-annual report required by such 
section 4. 
(7) REPLACEMENT
OF
ORDERS, AUTHORIZA-
TIONS, AND DIRECTIVES.— 
(A) IN GENERAL.—If the Attorney General 
and the Director of National Intelligence seek 
to replace an authorization issued pursuant to 
section 105B of the Foreign Intelligence Sur-
veillance Act of 1978, as added by section 2 of 
the Protect America Act of 2007 (Public Law 
110–55), with an authorization under section 
702 of the Foreign Intelligence Surveillance Act 
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109 
of 1978 (as added by section 101(a) of this 
Act), the Attorney General and the Director of 
National Intelligence shall, to the extent prac-
ticable, submit to the Foreign Intelligence Sur-
veillance Court (as such term is defined in sec-
tion 701(b)(2) of such Act (as so added)) a cer-
tification prepared in accordance with sub-
section (g) of such section 702 and the proce-
dures adopted in accordance with subsections 
(d) and (e) of such section 702 at least 30 days 
before the expiration of such authorization. 
(B) CONTINUATION
OF
EXISTING
OR-
DERS.—If the Attorney General and the Direc-
tor of National Intelligence seek to replace an 
authorization made pursuant to section 105B of 
the Foreign Intelligence Surveillance Act of 
1978, as added by section 2 of the Protect 
America Act of 2007 (Public Law 110–55; 121 
Stat. 522), by filing a certification in accord-
ance with subparagraph (A), that authorization, 
and any directives issued thereunder and any 
order related thereto, shall remain in effect, 
notwithstanding the expiration provided for in 
subsection (a) of such section 105B, until the 
Foreign Intelligence Surveillance Court (as such 
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110 
term is defined in section 701(b)(2) of the For-
eign Intelligence Surveillance Act of 1978 (as 
so added)) issues an order with respect to that 
certification under section 702(i)(3) of such Act 
(as so added) at which time the provisions of 
that section and of section 702(i)(4) of such 
Act (as so added) shall apply. 
(8) 
EFFECTIVE
DATE.—Paragraphs 
(1) 
through (7) shall take effect as if enacted on August 
5, 2007. 
(b) TRANSITION PROCEDURES FOR FISA AMEND-
MENTS ACT OF 2008 PROVISIONS.— 
(1) ORDERS
IN
EFFECT
ON
DECEMBER
31, 
2012.—Notwithstanding any other provision of this 
Act, any amendment made by this Act, or the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), any order, authorization, or di-
rective issued or made under title VII of the Foreign 
Intelligence Surveillance Act of 1978, as amended by 
section 101(a), shall continue in effect until the date 
of the expiration of such order, authorization, or di-
rective. 
(2) APPLICABILITY OF TITLE VII OF FISA TO 
CONTINUED
ORDERS, 
AUTHORIZATIONS, 
DIREC-
TIVES.—Notwithstanding any other provision of this 
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111 
Act, any amendment made by this Act, or the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), with respect to any order, au-
thorization, or directive referred to in paragraph (1), 
title VII of such Act, as amended by section 101(a), 
shall continue to apply until the later of— 
(A) the expiration of such order, authoriza-
tion, or directive; or 
(B) the date on which final judgment is 
entered for any petition or other litigation relat-
ing to such order, authorization, or directive. 
(3) CHALLENGE OF DIRECTIVES; PROTECTION 
FROM LIABILITY; USE OF INFORMATION.—Notwith-
standing any other provision of this Act or of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.)— 
(A) section 103(e) of such Act, as amended 
by section 403(a)(1)(B)(ii), shall continue to 
apply with respect to any directive issued pur-
suant to section 702(h) of such Act, as added 
by section 101(a); 
(B) section 702(h)(3) of such Act (as so 
added) shall continue to apply with respect to 
any directive issued pursuant to section 702(h) 
of such Act (as so added); 
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112 
(C) section 703(e) of such Act (as so 
added) shall continue to apply with respect to 
an order or request for emergency assistance 
under that section; 
(D) section 706 of such Act (as so added) 
shall continue to apply to an acquisition con-
ducted under section 702 or 703 of such Act 
(as so added); and 
(E) section 2511(2)(a)(ii)(A) of title 18, 
United States Code, as amended by section 
101(c)(1), shall continue to apply to an order 
issued pursuant to section 704 of the Foreign 
Intelligence Surveillance Act of 1978, as added 
by section 101(a). 
(4) REPORTING REQUIREMENTS.— 
(A) 
CONTINUED
APPLICABILITY.—Not-
withstanding any other provision of this Act or 
of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.), section 601(a) 
of such Act (50 U.S.C. 1871(a)), as amended 
by section 101(c)(2), and sections 702(l) and 
707 of such Act, as added by section 101(a), 
shall continue to apply until the date that the 
certification described in subparagraph (B) is 
submitted. 
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Calendar No. 827 
110TH CONGRESS 
2D SESSION 
H. R. 6304 
AN ACT 
To amend the Foreign Intelligence Surveillance Act 
of 1978 to establish a procedure for authorizing 
certain acquisitions of foreign intelligence, and 
for other purposes. 
JUNE 20, 2008 
Ordered received; read twice and placed on the calendar 
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