HR 3773 PCS
Sec. 3. Additional authorization of acquisitions of communications of non- 
United States persons located outside the United States who 
may be communicating with persons inside the United States. 
Sec. 4. Emergency authorization of acquisitions of communications of non- 
United States persons located outside the United States who 
may be communicating with persons inside the United States. 
Sec. 5. Oversight of acquisitions of communications of non-United States per-
sons located outside of the United States who may be commu-
nicating with persons inside the United States. 
Sec. 6. Dissemination of communications of non-United States persons located 
outside of the United States who may be communicating with 
persons inside the United States. 
Sec. 7. Foreign Intelligence Surveillance Court en banc. 
Sec. 8. Foreign Intelligence Surveillance Court matters. 
Sec. 9. Reiteration of FISA as the exclusive means by which electronic surveil-
lance may be conducted for gathering foreign intelligence infor-
mation. 
Sec. 10. Enhancement of electronic surveillance authority in wartime and other 
collection. 
Sec. 11. Audit of warrantless surveillance programs. 
Sec. 12. Record-keeping system on acquisition of communications of United 
States persons. 
Sec. 13. Authorization for increased resources relating to foreign intelligence 
surveillance. 
Sec. 14. Document management system for applications for orders approving 
electronic surveillance. 
Sec. 15. Training of intelligence community personnel in foreign intelligence 
collection matters. 
Sec. 16. Information for Congress on the terrorist surveillance program and 
similar programs. 
Sec. 17. Technical and conforming amendments. 
Sec. 18. Sunset; transition procedures. 
Sec. 19. Certification to communications service providers that acquisitions are 
authorized under FISA. 
Sec. 20. Statute of limitations. 
Sec. 21. No rights under the RESTORE Act for undocumented aliens. 
Sec. 22. Surveillance to protect the United States. 
SEC. 2. CLARIFICATION OF ELECTRONIC SURVEILLANCE 
OF NON-UNITED STATES PERSONS OUTSIDE 
THE UNITED STATES. 
Section 105A of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read 
as follows: 
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‘‘CLARIFICATION
OF
ELECTRONIC
SURVEILLANCE
OF 
NON-UNITED
STATES
PERSONS
OUTSIDE
THE 
UNITED STATES 
‘‘SEC. 105A. (a) FOREIGN TO FOREIGN COMMUNICA-
TIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, a court order is not required 
for electronic surveillance directed at the acquisition 
of the contents of any communication between per-
sons that are not known to be United States persons 
and are reasonably believed to be located outside the 
United States for the purpose of collecting foreign 
intelligence information, without respect to whether 
the communication passes through the United States 
or the surveillance device is located within the 
United States. 
‘‘(2) TREATMENT OF INADVERTENT INTERCEP-
TIONS.—If electronic surveillance referred to in 
paragraph (1) inadvertently collects a communica-
tion in which at least one party to the communica-
tion is located inside the United States or is a 
United States person, the contents of such commu-
nication shall be handled in accordance with mini-
mization procedures adopted by the Attorney Gen-
eral that require that no contents of any commu-
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nication to which a United States person is a party 
shall be disclosed, disseminated, or used for any pur-
pose or retained for longer than 7 days unless a 
court order under section 105 is obtained or unless 
the Attorney General determines that the informa-
tion indicates a threat of death or serious bodily 
harm to any person. 
‘‘(b) COMMUNICATIONS
OF NON-UNITED STATES 
PERSONS OUTSIDE OF THE UNITED STATES.—Notwith-
standing any other provision of this Act other than sub-
section (a), electronic surveillance that is directed at the 
acquisition of the communications of a person that is rea-
sonably believed to be located outside the United States 
and not a United States person for the purpose of col-
lecting foreign intelligence information (as defined in 
paragraph (1) or (2)(A) of section 101(e)) by targeting 
that person shall be conducted pursuant to— 
‘‘(1) an order approved in accordance with sec-
tion 105 or 105B; or 
‘‘(2) an emergency authorization in accordance 
with section 105 or 105C.’’. 
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HR 3773 PCS 
SEC. 3. ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF 
COMMUNICATIONS OF NON-UNITED STATES 
PERSONS LOCATED OUTSIDE THE UNITED 
STATES WHO MAY BE COMMUNICATING WITH 
PERSONS INSIDE THE UNITED STATES. 
Section 105B of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read 
as follows: 
‘‘ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF COM-
MUNICATIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE THE UNITED STATES WHO MAY BE 
COMMUNICATING
WITH
PERSONS
INSIDE
THE 
UNITED STATES 
‘‘SEC. 105B. (a) IN GENERAL.—Notwithstanding 
any other provision of this Act, the Director of National 
Intelligence and the Attorney General may jointly apply 
to a judge of the court established under section 103(a) 
for an ex parte order, or the extension of an order, author-
izing for a period of up to one year the acquisition of com-
munications of persons that are reasonably believed to be 
located outside the United States and not United States 
persons for the purpose of collecting foreign intelligence 
information (as defined in paragraph (1) or (2)(A) of sec-
tion 101(e)) by targeting those persons. 
‘‘(b) APPLICATION
INCLUSIONS.—An application 
under subsection (a) shall include— 
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‘‘(1) a certification by the Director of National 
Intelligence and the Attorney General that— 
‘‘(A) the targets of the acquisition of for-
eign intelligence information under this section 
are persons reasonably believed to be located 
outside the United States who may be commu-
nicating with persons inside the United States; 
‘‘(B) the targets of the acquisition are rea-
sonably believed to be persons that are not 
United States persons; 
‘‘(C) the acquisition involves obtaining the 
foreign intelligence information from, or with 
the assistance of, a communications service pro-
vider or custodian, or an officer, employee, or 
agent of such service provider or custodian, who 
has authorized access to the communications to 
be acquired, 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; and 
‘‘(D) a significant purpose of the acquisi-
tion is to obtain foreign intelligence information 
(as defined in paragraph (1) or (2)(A) of sec-
tion 101(e)); and 
‘‘(2) a description of— 
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‘‘(A) the procedures that will be used by 
the Director of National Intelligence and the 
Attorney General during the duration of the 
order to determine that there is a reasonable 
belief that the persons that are the targets of 
the acquisition are located outside the United 
States and not United States persons; 
‘‘(B) the nature of the information sought, 
including the identity of any foreign power 
against whom the acquisition will be directed; 
‘‘(C) minimization procedures that meet 
the definition of minimization procedures under 
section 101(h) to be used with respect to such 
acquisition; and 
‘‘(D)(i) the guidelines that will be used to 
ensure that an application is filed under section 
104, if otherwise required by this Act, when a 
significant purpose of an acquisition is to ac-
quire the communications of a specific United 
States person reasonably believed to be located 
in the United States; and 
‘‘(ii) the criteria for determining if 
such a significant purpose exists, which 
shall require consideration of whether— 
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‘‘(I) the department or agency of 
the Federal Government conducting 
the acquisition has made an inquiry to 
another department or agency of the 
Federal Government to gather infor-
mation on the specific United States 
person; 
‘‘(II) the department or agency 
of the Federal Government conducting 
the acquisition has provided informa-
tion that identifies the specific United 
States person to another department 
or agency of the Federal Government; 
‘‘(III) the department or agency 
of the Federal Government conducting 
the acquisition determines that the 
specific United States person has been 
the subject of ongoing interest or re-
peated investigation by a department 
or agency of the Federal Government; 
and 
‘‘(IV) the specific United States 
person is a natural person. 
‘‘(c) SPECIFIC PLACE NOT REQUIRED.—An applica-
tion under subsection (a) is not required to identify the 
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HR 3773 PCS 
specific facilities, places, premises, or property at which 
the acquisition of foreign intelligence information will be 
directed. 
‘‘(d) REVIEW OF APPLICATION; APPEALS.— 
‘‘(1) REVIEW OF APPLICATION.—Not later than 
15 days after a judge receives an application under 
subsection (a), the judge shall review such applica-
tion and shall approve the application if the judge 
finds that— 
‘‘(A) the proposed procedures referred to 
in subsection (b)(2)(A) are reasonably designed 
to determine whether the targets of the acquisi-
tion are located outside the United States and 
not United States persons; 
‘‘(B) the proposed minimization procedures 
referred to in subsection (b)(2)(C) meet the def-
inition of minimization procedures under sec-
tion 101(h); and 
‘‘(C)(i) the guidelines referred to in sub-
section (b)(2)(D) are reasonably designed to en-
sure that an application is filed under section 
104, if otherwise required by this Act, when a 
significant purpose of an acquisition is to ac-
quire the communications of a specific United 
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States person reasonably believed to be located 
in the United States; and 
‘‘(ii) the criteria for determining if 
such a significant purpose exists require 
consideration of whether— 
‘‘(I) the department or agency of 
the Federal Government conducting 
the acquisition has made an inquiry to 
another department or agency of the 
Federal Government to gather infor-
mation on the specific United States 
person; 
‘‘(II) the department or agency 
of the Federal Government conducting 
the acquisition has provided informa-
tion that identifies the specific United 
States person to another department 
or agency of the Federal Government; 
‘‘(III) the department or agency 
of the Federal Government conducting 
the acquisition determines that the 
specific United States person has been 
the subject of ongoing interest or re-
peated investigation by a department 
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HR 3773 PCS 
or agency of the Federal Government; 
and 
‘‘(IV) the specific United States 
person is a natural person. 
‘‘(2) TEMPORARY ORDER; APPEALS.— 
‘‘(A) TEMPORARY ORDER.—A judge deny-
ing an application under paragraph (1) may, at 
the application of the United States, issue a 
temporary order to authorize an acquisition 
under section 105B in accordance with the ap-
plication submitted under subsection (a) during 
the pendency of any appeal of the denial of 
such application. 
‘‘(B) APPEALS.—The United States may 
appeal the denial of an application for an order 
under paragraph (1) or a temporary order 
under subparagraph (A) in accordance with sec-
tion 103. 
‘‘(e) ORDER.— 
‘‘(1) IN GENERAL.—A judge approving an ap-
plication under subsection (d) shall issue an order— 
‘‘(A) authorizing the acquisition of the con-
tents of the communications as requested, or as 
modified by the judge; 
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‘‘(B) requiring the communications service 
provider or custodian, or officer, employee, or 
agent of such service provider or custodian, who 
has authorized access to the information, facili-
ties, or technical assistance necessary to accom-
plish the acquisition to provide such informa-
tion, facilities, or technical assistance necessary 
to accomplish the acquisition and to produce a 
minimum of interference with the services that 
provider, custodian, officer, employee, or agent 
is providing the target of the acquisition; 
‘‘(C) requiring such communications serv-
ice provider, custodian, officer, employee, or 
agent, upon the request of the applicant, to 
maintain under security procedures approved by 
the Attorney General and the Director of Na-
tional Intelligence any records concerning the 
acquisition or the aid furnished; 
‘‘(D) directing the Federal Government 
to— 
‘‘(i) compensate, at the prevailing 
rate, a person for providing information, 
facilities, or assistance pursuant to such 
order; 
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‘‘(ii) provide a copy of the portion of 
the order directing the person to comply 
with the order to such person; and 
‘‘(iii) provide a certification stating 
that the acquisition is authorized under 
this section and that all requirements of 
this section have been met; and 
‘‘(E) directing the applicant to follow— 
‘‘(i) the procedures referred to in sub-
section (b)(2)(A) as proposed or as modi-
fied by the judge; 
‘‘(ii) the minimization procedures re-
ferred to in subsection (b)(2)(C) as pro-
posed or as modified by the judge; and 
‘‘(iii) the guidelines referred to in sub-
section (b)(2)(D) as proposed or as modi-
fied by the judge. 
‘‘(2) FAILURE TO COMPLY.—If a person fails to 
comply with an order issued under paragraph (1), 
the Attorney General may invoke the aid of the 
court established under section 103(a) to compel 
compliance with the order. Failure to obey an order 
of the court may be punished by the court as con-
tempt of court. Any process under this section may 
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HR 3773 PCS 
be served in any judicial district in which the person 
may be found. 
‘‘(3) LIABILITY
OF
ORDER.—Notwithstanding 
any other law, no cause of action shall lie in any 
court against any person for providing any informa-
tion, facilities, or assistance in accordance with an 
order issued under this subsection. 
‘‘(4) RETENTION OF ORDER.—The Director of 
National Intelligence and the court established 
under subsection 103(a) shall retain an order issued 
under this section for a period of not less than 10 
years from the date on which such order is issued. 
‘‘(5) 
ASSESSMENT
OF
COMPLIANCE
WITH 
COURT ORDER.—At or before the end of the period 
of time for which an acquisition is approved by an 
order or an extension under this section, the court 
established under section 103(a) shall, not less fre-
quently than once each quarter, assess compliance 
with the procedures and guidelines referred to in 
paragraph (1)(E) and review the circumstances 
under which information concerning United States 
persons was acquired, retained, or disseminated.’’. 
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SEC. 4. EMERGENCY AUTHORIZATION OF ACQUISITIONS OF 
COMMUNICATIONS OF NON-UNITED STATES 
PERSONS LOCATED OUTSIDE THE UNITED 
STATES WHO MAY BE COMMUNICATING WITH 
PERSONS INSIDE THE UNITED STATES. 
Section 105C of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read 
as follows: 
‘‘EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COM-
MUNICATIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE THE UNITED STATES WHO MAY BE 
COMMUNICATING
WITH
PERSONS
INSIDE
THE 
UNITED STATES 
‘‘SEC. 105C. (a) APPLICATION AFTER EMERGENCY 
AUTHORIZATION.—As soon as is practicable, but not more 
than 7 days after the Director of National Intelligence and 
the Attorney General authorize an acquisition under this 
section, an application for an order authorizing the acqui-
sition in accordance with section 105B shall be submitted 
to the judge referred to in subsection (b)(2) of this section 
for approval of the acquisition in accordance with section 
105B. 
‘‘(b) 
EMERGENCY
AUTHORIZATION.—Notwith-
standing any other provision of this Act, the Director of 
National Intelligence and the Attorney General may joint-
ly authorize the emergency acquisition of foreign intel-
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ligence information (as defined in paragraph (1) or (2)(A) 
of section 101(e)) for a period of not more than 45 days 
if— 
‘‘(1) the Director of National Intelligence and 
the Attorney General jointly determine that— 
‘‘(A) an emergency situation exists with re-
spect to an authorization for an acquisition 
under section 105B before an order approving 
the acquisition under such section can with due 
diligence be obtained; 
‘‘(B) the targets of the acquisition of for-
eign intelligence information under this section 
are persons reasonably believed to be located 
outside the United States who may be commu-
nicating with persons inside the United States; 
‘‘(C) the targets of the acquisition are rea-
sonably believed to be persons that are not 
United States persons; 
‘‘(D) there are procedures in place that 
will be used by the Director of National Intel-
ligence and the Attorney General during the du-
ration of the authorization to determine if there 
is a reasonable belief that the persons that are 
the targets of the acquisition are located out-
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side the United States and not United States 
persons; 
‘‘(E) the acquisition involves obtaining the 
foreign intelligence information from, or with 
the assistance of, a communications service pro-
vider or custodian, or an officer, employee, or 
agent of such service provider or custodian, who 
has authorized access to the communications to 
be acquired, 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; 
‘‘(F) a significant purpose of the acquisi-
tion is to obtain foreign intelligence information 
(as defined in paragraph (1) or (2)(A) of sec-
tion 101(e)); 
‘‘(G) minimization procedures to be used 
with respect to such acquisition activity meet 
the definition of minimization procedures under 
section 101(h); and 
‘‘(H)(i) there are guidelines that will be 
used to ensure that an application is filed under 
section 104, if otherwise required by this Act, 
when a significant purpose of an acquisition is 
to acquire the communications of a specific 
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United States person reasonably believed to be 
located in the United States; and 
‘‘(ii) the criteria for determining if 
such a significant purpose exists require 
consideration of whether— 
‘‘(I) the department or agency of 
the Federal Government conducting 
the acquisition has made an inquiry to 
another department or agency of the 
Federal Government to gather infor-
mation on the specific United States 
person; 
‘‘(II) the department or agency 
of the Federal Government conducting 
the acquisition has provided informa-
tion that identifies the specific United 
States person to another department 
or agency of the Federal Government; 
‘‘(III) the department or agency 
of the Federal Government conducting 
the acquisition determines that the 
specific United States person has been 
the subject of ongoing interest or re-
peated investigation by a department 
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or agency of the Federal Government; 
and 
‘‘(IV) the specific United States 
person is a natural person. 
‘‘(2) the Director of National Intelligence and 
the Attorney General, or their designees, inform a 
judge having jurisdiction to approve an acquisition 
under section 105B at the time of the authorization 
under this section that the decision has been made 
to acquire foreign intelligence information. 
‘‘(c) INFORMATION, FACILITIES, AND TECHNICAL 
ASSISTANCE.— 
‘‘(1) DIRECTIVE.—Pursuant to an authoriza-
tion of an acquisition under this section, the Attor-
ney General may direct a communications service 
provider, custodian, or an officer, employee, or agent 
of such service provider or custodian, who has the 
lawful authority to access the information, facilities, 
or technical assistance necessary to accomplish such 
acquisition to— 
‘‘(A) furnish the Attorney General forth-
with with such information, facilities, or tech-
nical assistance in a manner that will protect 
the secrecy of the acquisition and produce a 
minimum of interference with the services that 
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provider, custodian, officer, employee, or agent 
is providing the target of the acquisition; and 
‘‘(B) maintain under security procedures 
approved by the Attorney General and the Di-
rector of National Intelligence any records con-
cerning the acquisition or the aid furnished. 
‘‘(2) PARAMETERS; CERTIFICATIONS.—The At-
torney General shall provide to any person directed 
to provide assistance under paragraph (1) with— 
‘‘(A) a document setting forth the param-
eters of the directive; 
‘‘(B) a certification stating that— 
‘‘(i) the emergency authorization has 
been issued pursuant to this section; 
‘‘(ii) all requirements of this section 
been met; 
‘‘(iii) a judge has been informed of 
the emergency authorization in accordance 
with subsection (b)(2); and 
‘‘(iv) an application will be submitted 
in accordance with subsection (a); and 
‘‘(C) a certification that the recipient of 
the directive shall be compensated, at the pre-
vailing rate, for providing information, facilities, 
or assistance pursuant to such directive.’’. 
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HR 3773 PCS 
SEC. 5. OVERSIGHT OF ACQUISITIONS OF COMMUNICA-
TIONS OF NON-UNITED STATES PERSONS LO-
CATED OUTSIDE OF THE UNITED STATES 
WHO MAY BE COMMUNICATING WITH PER-
SONS INSIDE THE UNITED STATES. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by inserting after 
section 105C the following new section: 
‘‘OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF 
NON-UNITED
STATES
PERSONS
LOCATED
OUTSIDE 
OF
THE
UNITED
STATES
WHO
MAY
BE
COMMU-
NICATING
WITH
PERSONS
INSIDE
THE
UNITED 
STATES 
‘‘SEC. 105D. (a) APPLICATION; PROCEDURES; OR-
DERS.—Not later than 7 days after an application is sub-
mitted under section 105B(a) or an order is issued under 
section 105B(e), the Director of National Intelligence and 
the Attorney General shall submit to the appropriate com-
mittees of Congress— 
‘‘(1) in the case of an application— 
‘‘(A) a copy of the application, including 
the 
certification 
made 
under 
section 
105B(b)(1); and 
‘‘(B) a description of the primary purpose 
of the acquisition for which the application is 
submitted; and 
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‘‘(2) in the case of an order, a copy of the 
order, including the procedures and guidelines re-
ferred to in section 105B(e)(1)(E). 
‘‘(b) REGULAR AUDITS.— 
‘‘(1) AUDIT.—Not later than 120 days after the 
date of the enactment of this section, and every 120 
days thereafter until the expiration of all orders 
issued under section 105B, the Inspector General of 
the Department of Justice shall complete an audit 
on the implementation of and compliance with the 
procedures and guidelines referred to in section 
105B(e)(1)(E) and shall submit to the appropriate 
committees of Congress, the Attorney General, the 
Director of National Intelligence, and the court es-
tablished under section 103(a) the results of such 
audit, including, for each order authorizing the ac-
quisition of foreign intelligence under section 
105B— 
‘‘(A) the number of targets of an acquisi-
tion under such order that were later deter-
mined to be located in the United States; 
‘‘(B) the number of persons located in the 
United States whose communications have been 
acquired under such order; 
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‘‘(C) the number and nature of reports dis-
seminated containing information on a United 
States person that was collected under such 
order; and 
‘‘(D) the number of applications submitted 
for approval of electronic surveillance under 
section 104 for targets whose communications 
were acquired under such order. 
‘‘(2) REPORT.—Not later than 30 days after 
the completion of an audit under paragraph (1), the 
Attorney General shall submit to the appropriate 
committees of Congress and the court established 
under section 103(a) a report containing the results 
of such audit. 
‘‘(c) COMPLIANCE REPORTS.—Not later than 60 days 
after the date of the enactment of this section, and every 
120 days thereafter until the expiration of all orders 
issued under section 105B, the Director of National Intel-
ligence and the Attorney General shall submit to the ap-
propriate committees of Congress and the court estab-
lished under section 103(a) a report concerning acquisi-
tions under section 105B during the previous period. Each 
report submitted under this section shall include a descrip-
tion of any incidents of non-compliance with an order 
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issued under section 105B(e), including incidents of non- 
compliance by— 
‘‘(1) an element of the intelligence community 
with 
procedures 
referred 
to 
in 
section 
105B(e)(1)(E)(i); 
‘‘(2) an element of the intelligence community 
with minimization procedures referred to in section 
105B(e)(1)(E)(ii); 
‘‘(3) an element of the intelligence community 
with 
guidelines 
referred 
to 
in 
section 
105B(e)(1)(E)(iii); and 
‘‘(4) a person directed to provide information, 
facilities, or technical assistance under such order. 
‘‘(d) REPORT ON EMERGENCY AUTHORITY.—The Di-
rector of National Intelligence and the Attorney General 
shall annually submit to the appropriate committees of 
Congress a report containing the number of emergency au-
thorizations of acquisitions under section 105C and a de-
scription of any incidents of non-compliance with an emer-
gency authorization under such section. 
‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘appropriate committees 
of Congress’ means— 
‘‘(1) the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
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‘‘(2) the Select Committee on Intelligence of the 
Senate; and 
‘‘(3) the Committees on the Judiciary of the 
House of Representatives and the Senate.’’. 
SEC. 6. DISSEMINATION OF COMMUNICATIONS OF NON- 
UNITED STATES PERSONS LOCATED OUTSIDE 
OF THE UNITED STATES WHO MAY BE COM-
MUNICATING WITH PERSONS INSIDE THE 
UNITED STATES. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by inserting after 
section 105D (as added by section 5) the following new 
section: 
‘‘DISSEMINATION OF COMMUNICATIONS OF NON-UNITED 
STATES
PERSONS
LOCATED
OUTSIDE
OF
THE 
UNITED
STATES
WHO
MAY
BE
COMMUNICATING 
WITH PERSONS INSIDE THE UNITED STATES 
‘‘SEC. 105E. The contents of communications col-
lected under section 105B or section 105C, and intel-
ligence reports based on such contents, shall not be dis-
closed or disseminated with information that identifies a 
United States person unless an officer or employee of the 
Federal Government whose rate of basic pay is not less 
than the minimum rate payable under section 5382 of title 
5, United States Code (relating to rates of pay for the 
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Senior Executive Service) determines that the identity of 
the United States person is necessary to— 
‘‘(1) understand the foreign intelligence col-
lected under section 105B or 105C or assess the im-
portance of such intelligence; and 
‘‘(2) protect the national security of the United 
States, the citizens, employees, or officers of the 
United States, or the members of the United States 
Armed Forces.’’. 
SEC. 7. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN 
BANC. 
Section 103 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803) is amended by adding at 
the end the following new subsection: 
‘‘(g) In any case where the court established under 
subsection (a) or a judge of such court is required to re-
view a matter under this Act, the court may, at the discre-
tion of the court, sit en banc to review such matter and 
issue any orders related to such matter.’’. 
SEC. 8. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
MATTERS. 
(a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 
103(a) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1803(a)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
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(2) in paragraph (1) (as so designated)— 
(A) by striking ‘‘11’’ and inserting ‘‘15’’; 
and 
(B) by inserting ‘‘at least’’ before ‘‘seven 
of the United States judicial circuits’’; and 
(3) by designating the second sentence as para-
graph (3) and indenting such paragraph, as so des-
ignated, two ems from the left margin. 
(b) CONSIDERATION
OF
EMERGENCY
APPLICA-
TIONS.—Such section is further amended by inserting 
after paragraph (1) (as designated by subsection (a)(1)) 
the following new paragraph: 
‘‘(2) A judge of the court shall make a determination 
to approve, deny, or modify an application submitted pur-
suant to section 105(f), section 304(e), or section 403 not 
later than 24 hours after the receipt of such application 
by the court.’’. 
SEC. 9. REITERATION OF FISA AS THE EXCLUSIVE MEANS 
BY WHICH ELECTRONIC SURVEILLANCE MAY 
BE CONDUCTED FOR GATHERING FOREIGN 
INTELLIGENCE INFORMATION. 
(a) EXCLUSIVE MEANS.—Notwithstanding any other 
provision of law, the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive 
means by which electronic surveillance may be conducted 
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for the purpose of gathering foreign intelligence informa-
tion. 
(b) SPECIFIC AUTHORIZATION REQUIRED FOR EX-
CEPTION.—Subsection (a) shall apply until specific statu-
tory authorization for electronic surveillance, other than 
as an amendment to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.), is enacted. Such 
specific statutory authorization shall be the only exception 
to subsection (a). 
SEC. 10. ENHANCEMENT OF ELECTRONIC SURVEILLANCE 
AUTHORITY IN WARTIME AND OTHER COL-
LECTION. 
Sections 111, 309, and 404 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1811, 1829, 
and 1844) are amended by striking ‘‘Congress’’ and in-
serting ‘‘Congress or an authorization for the use of mili-
tary force described in section 2(c)(2) of the War Powers 
Resolution (50 U.S.C. 1541(c)(2)) if such authorization 
contains a specific authorization for foreign intelligence 
collection under this section, or if the Congress is unable 
to convene because of an attack upon the United States.’’. 
SEC. 11. AUDIT OF WARRANTLESS SURVEILLANCE PRO-
GRAMS. 
(a) AUDIT.—Not later than 180 days after the date 
of the enactment of this Act, the Inspector General of the 
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Department of Justice shall complete an audit of all pro-
grams of the Federal Government involving the acquisition 
of communications conducted without a court order on or 
after September 11, 2001, including the Terrorist Surveil-
lance Program referred to by the President in a radio ad-
dress on December 17, 2005. Such audit shall include ac-
quiring all documents relevant to such programs, includ-
ing memoranda concerning the legal authority of a pro-
gram, authorizations of a program, certifications to tele-
communications carriers, and court orders. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the completion of the audit under subsection (a), the 
Inspector General shall submit to the Permanent Se-
lect Committee on Intelligence and the Committee 
on the Judiciary of the House of Representatives 
and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate a report 
containing the results of such audit, including all 
documents acquired pursuant to conducting such 
audit. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
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(c) EXPEDITED SECURITY CLEARANCE.—The Direc-
tor of National Intelligence shall ensure that the process 
for the investigation and adjudication of an application by 
the Inspector General or the appropriate staff of the Of-
fice of the Inspector General of the Department of Justice 
for a security clearance necessary for the conduct of the 
audit under subsection (a) is conducted as expeditiously 
as possible. 
SEC. 12. RECORD-KEEPING SYSTEM ON ACQUISITION OF 
COMMUNICATIONS OF UNITED STATES PER-
SONS. 
(a) RECORD-KEEPING SYSTEM.—The Director of 
National Intelligence and the Attorney General shall joint-
ly develop and maintain a record-keeping system that will 
keep track of— 
(1) the instances where the identity of a United 
States person whose communications were acquired 
was disclosed by an element of the intelligence com-
munity (as defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)) that col-
lected the communications to other departments or 
agencies of the United States; and 
(2) the departments and agencies of the Fed-
eral Government and persons to whom such identity 
information was disclosed. 
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(b) REPORT.—The Director of National Intelligence 
and the Attorney General shall annually submit to the 
Permanent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives 
and the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate a report on the 
record-keeping system created under subsection (a), in-
cluding the number of instances referred to in paragraph 
(1). 
SEC. 13. AUTHORIZATION FOR INCREASED RESOURCES RE-
LATING TO FOREIGN INTELLIGENCE SUR-
VEILLANCE. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Department of Justice, for the activities of 
the Office of the Inspector General and the appropriate 
elements of the National Security Division, and to the Na-
tional Security Agency such sums as may be necessary to 
meet the personnel and information technology demands 
to ensure the timely and efficient processing of— 
(1) applications and other submissions to the 
court established under section 103(a) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803(a)); 
(2) the audit and reporting requirements 
under— 
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(A) section 105D of such Act; and 
(B) section 10; and 
(3) the record-keeping system and reporting re-
quirements under section 11. 
(b) ADDITIONAL PERSONNEL
FOR PREPARATION 
AND CONSIDERATION OF APPLICATIONS FOR ORDERS AP-
PROVING ELECTRONIC SURVEILLANCE
AND PHYSICAL 
SEARCH.— 
(1) NATIONAL SECURITY DIVISION OF THE DE-
PARTMENT OF JUSTICE.— 
(A) ADDITIONAL
PERSONNEL.—The Na-
tional Security Division of the Department of 
Justice is hereby authorized such additional 
personnel as may be necessary to carry out the 
prompt and timely preparation, modification, 
and review of applications under Foreign Intel-
ligence Surveillance Act of 1978 for orders 
under that Act for foreign intelligence purposes. 
(B) ASSIGNMENT.—The Attorney General 
shall assign personnel authorized by paragraph 
(1) to and among appropriate offices of the in-
telligence community (as defined in section 3(4) 
of the National Security Act of 1947 (50 
U.S.C. 401a(4))) in order that such personnel 
may directly assist personnel of the Intelligence 
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Community in preparing applications described 
in that paragraph and conduct prompt and ef-
fective oversight of the activities of such agen-
cies under Foreign Intelligence Surveillance 
Court orders. 
(2) DIRECTOR OF NATIONAL INTELLIGENCE.— 
(A) ADDITIONAL LEGAL AND OTHER PER-
SONNEL.—The Director of National Intelligence 
is hereby authorized such additional legal and 
other personnel as may be necessary to carry 
out the prompt and timely preparation of appli-
cations under the Foreign Intelligence Surveil-
lance Act of 1978 for orders under that Act ap-
proving electronic surveillance for foreign intel-
ligence purposes. 
(B) ASSIGNMENT.—The Director of Na-
tional Intelligence shall assign personnel au-
thorized by paragraph (1) to and among the in-
telligence community (as defined in section 3(4) 
of the National Security Act of 1947 (50 
U.S.C. 401a(4))), including the field offices of 
the Federal Bureau of Investigation, in order 
that such personnel may directly assist per-
sonnel of the intelligence community in pre-
paring applications described in that paragraph. 
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HR 3773 PCS 
(3) ADDITIONAL
LEGAL
AND
OTHER
PER-
SONNEL
FOR
FOREIGN
INTELLIGENCE
SURVEIL-
LANCE COURT.—There is hereby authorized for the 
court established under section 103(a) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803(a)) such additional staff personnel as 
may be necessary to facilitate the prompt and timely 
consideration by that court of applications under 
such Act for orders under such Act approving elec-
tronic surveillance for foreign intelligence purposes. 
Personnel authorized by this paragraph shall per-
form such duties relating to the consideration of 
such applications as that court shall direct. 
(4) SUPPLEMENT
NOT
SUPPLANT.—The per-
sonnel authorized by this section are in addition to 
any other personnel authorized by law. 
SEC. 14. DOCUMENT MANAGEMENT SYSTEM FOR APPLICA-
TIONS 
FOR 
ORDERS 
APPROVING 
ELEC-
TRONIC SURVEILLANCE. 
(a) SYSTEM
REQUIRED.—The Attorney General 
shall, in consultation with the Director of National Intel-
ligence and the Foreign Intelligence Surveillance Court, 
develop and implement a secure, classified document man-
agement system that permits the prompt preparation, 
modification, and review by appropriate personnel of the 
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Department of Justice, the Federal Bureau of Investiga-
tion, the National Security Agency, and other applicable 
elements of the United States Government of applications 
under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1804) before their submission to the Foreign 
Intelligence Surveillance Court. 
(b) SCOPE OF SYSTEM.—The document management 
system required by subsection (a) shall— 
(1) permit and facilitate the prompt submittal 
of applications to the Foreign Intelligence Surveil-
lance Court under the Foreign Intelligence Surveil-
lance Act of 1978; and 
(2) permit and facilitate the prompt transmittal 
of rulings of the Foreign Intelligence Surveillance 
Court to personnel submitting applications described 
in paragraph (1), and provide for the secure elec-
tronic storage and retrieval of all such applications 
and related matters with the court and for their se-
cure transmission to the National Archives and 
Records Administration. 
SEC. 15. TRAINING OF INTELLIGENCE COMMUNITY PER-
SONNEL IN FOREIGN INTELLIGENCE COL-
LECTION MATTERS. 
The Director of National Intelligence shall, in con-
sultation with the Attorney General— 
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