‘‘(C) informs, either personally or through a 
designee, a judge of the Foreign Intelligence Surveil-
lance Court at the time of such authorization that 
the decision has been made to employ an emergency 
physical search; and 
‘‘(D) makes an application in accordance with 
this title to a judge of the Foreign Intelligence Sur-
veillance Court as soon as practicable, but not more 
than 7 days after the Attorney General authorizes 
such physical search. 
‘‘(2) If the Attorney General authorizes the emer-
gency employment of a physical search under paragraph 
(1), the Attorney General shall require that the minimiza-
tion procedures required by this title for the issuance of 
a judicial order be followed. 
‘‘(3) In the absence of a judicial order approving such 
physical search, the physical search shall terminate when 
the information sought is obtained, when the application 
for the order is denied, or after the expiration of 7 days 
from the time of authorization by the Attorney General, 
whichever is earliest. 
‘‘(4) A denial of the application made under this sub-
section may be reviewed as provided in section 103. 
‘‘(5) In the event that such application for approval 
is denied, or in any other case where the physical search 
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is terminated and no order is issued approving the phys-
ical search, no information obtained or evidence derived 
from such physical search 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 physical search 
shall subsequently be used or disclosed in any other man-
ner by Federal officers or employees without the consent 
of such person, except with the approval of the Attorney 
General if the information indicates a threat of death or 
serious bodily harm to any person. 
‘‘(6) The Attorney General shall assess compliance 
with the requirements of paragraph (5).’’. 
(c) CONFORMING AMENDMENTS.—The Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended— 
(1) in section 304(a)(4), as redesignated by 
subsection 
(b) 
of 
this 
section, 
by 
striking 
‘‘303(a)(7)(E)’’ and inserting ‘‘303(a)(6)(E)’’; and 
(2) 
in 
section 
305(k)(2), 
by 
striking 
‘‘303(a)(7)’’ and inserting ‘‘303(a)(6)’’. 
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SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS 
AND TRAP AND TRACE DEVICES. 
Section 403 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1843) is amended— 
(1) in subsection (a)(2), by striking ‘‘48 hours’’ 
and inserting ‘‘7 days’’; and 
(2) in subsection (c)(1)(C), by striking ‘‘48 
hours’’ and inserting ‘‘7 days’’. 
SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT. 
(a) DESIGNATION OF JUDGES.—Subsection (a) of 
section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) is amended by inserting ‘‘at 
least’’ before ‘‘seven of the United States judicial cir-
cuits’’. 
(b) EN BANC AUTHORITY.— 
(1) IN
GENERAL.—Subsection (a) of section 
103 of the Foreign Intelligence Surveillance Act of 
1978, as amended by subsection (a) of this section, 
is further amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2)(A) The court established under this subsection 
may, on its own initiative, or upon the request of the Gov-
ernment in any proceeding or a party under section 501(f) 
or paragraph (4) or (5) of section 702(h), hold a hearing 
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or rehearing, en banc, when ordered by a majority of the 
judges that constitute such court upon a determination 
that— 
‘‘(i) en banc consideration is necessary to se-
cure or maintain uniformity of the court’s decisions; 
or 
‘‘(ii) the proceeding involves a question of ex-
ceptional importance. 
‘‘(B) Any authority granted by this Act to a judge 
of the court established under this subsection may be exer-
cised by the court en banc. When exercising such author-
ity, the court en banc shall comply with any requirements 
of this Act on the exercise of such authority. 
‘‘(C) For purposes of this paragraph, the court en 
banc shall consist of all judges who constitute the court 
established under this subsection.’’. 
(2) CONFORMING AMENDMENTS.—The Foreign 
Intelligence Surveillance Act of 1978 is further 
amended— 
(A) in subsection (a) of section 103, as 
amended by this subsection, by inserting ‘‘(ex-
cept when sitting en banc under paragraph 
(2))’’ after ‘‘no judge designated under this 
subsection’’; and 
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(B) in section 302(c) (50 U.S.C. 1822(c)), 
by inserting ‘‘(except when sitting en banc)’’ 
after ‘‘except that no judge’’. 
(c) STAY OR MODIFICATION DURING AN APPEAL.— 
Section 103 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f)(1) A judge of the court established under sub-
section (a), the court established under subsection (b) or 
a judge of that court, or the Supreme Court of the United 
States or a justice of that court, may, in accordance with 
the rules of their respective courts, enter a stay of an order 
or an order modifying an order of the court established 
under subsection (a) or the court established under sub-
section (b) entered under any title of this Act, while the 
court established under subsection (a) conducts a rehear-
ing, while an appeal is pending to the court established 
under subsection (b), or while a petition of certiorari is 
pending in the Supreme Court of the United States, or 
during the pendency of any review by that court. 
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‘‘(2) The authority described in paragraph (1) shall 
apply to an order entered under any provision of this 
Act.’’. 
(d) AUTHORITY OF FOREIGN INTELLIGENCE SUR-
VEILLANCE COURT.—Section 103 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1803), as 
amended by this Act, is amended by adding at the end 
the following: 
‘‘(i) Nothing in this Act shall be construed to reduce 
or contravene the inherent authority of the court estab-
lished under subsection (a) to determine or enforce compli-
ance with an order or a rule of such court or with a proce-
dure approved by such court.’’. 
SEC. 110. WEAPONS OF MASS DESTRUCTION. 
(a) DEFINITIONS.— 
(1) FOREIGN POWER.—Subsection (a) of sec-
tion 101 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801(a)) is amended— 
(A) in paragraph (5), by striking ‘‘persons; 
or’’ and inserting ‘‘persons;’’; 
(B) in paragraph (6) by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
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(4) WEAPON
OF
MASS
DESTRUCTION.—Such 
section 101 is amended by adding at the end the fol-
lowing new subsection: 
‘‘(p) ‘Weapon of mass destruction’ means— 
‘‘(1) any explosive, incendiary, or poison gas de-
vice that is designed, intended, or has the capability 
to cause a mass casualty incident; 
‘‘(2) any weapon that is designed, intended, or 
has the capability to cause death or serious bodily 
injury to a significant number of persons through 
the release, dissemination, or impact of toxic or poi-
sonous chemicals or their precursors; 
‘‘(3) any weapon involving a biological agent, 
toxin, or vector (as such terms are defined in section 
178 of title 18, United States Code) that is de-
signed, intended, or has the capability to cause 
death, illness, or serious bodily injury to a signifi-
cant number of persons; or 
‘‘(4) any weapon that is designed, intended, or 
has the capability to release radiation or radioac-
tivity causing death, illness, or serious bodily injury 
to a significant number of persons.’’. 
(b) USE OF INFORMATION.— 
(1) IN GENERAL.—Section 106(k)(1)(B) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
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U.S.C. 1806(k)(1)(B)) is amended by striking ‘‘sab-
otage or international terrorism’’ and inserting ‘‘sab-
otage, international terrorism, or the international 
proliferation of weapons of mass destruction’’. 
(2) 
PHYSICAL
SEARCHES.—Section 
305(k)(1)(B) of such Act (50 U.S.C. 1825(k)(1)(B)) 
is amended by striking ‘‘sabotage or international 
terrorism’’ and inserting ‘‘sabotage, international 
terrorism, or the international proliferation of weap-
ons of mass destruction’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Foreign Intelligence Surveillance Act of 1978 is fur-
ther amended— 
(1) in paragraph (2) of section 105(d) (50 
U.S.C. 
1805(d)), 
as 
redesignated 
by 
section 
105(a)(5) of this Act, by striking ‘‘section 101(a) 
(5) or (6)’’ and inserting ‘‘paragraph (5), (6), or (7) 
of section 101(a)’’; 
(2) in section 301(1) (50 U.S.C. 1821(1)), by 
inserting ‘‘weapon of mass destruction,’’ after ‘‘per-
son,’’; and 
(3) 
in 
section 
304(d)(2) 
(50 
U.S.C. 
1824(d)(2)), by striking ‘‘section 101(a) (5) or (6)’’ 
and inserting ‘‘paragraph (5), (6), or (7) of section 
101(a)’’. 
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TITLE 
II—PROTECTIONS 
FOR 
ELECTRONIC 
COMMUNICA-
TION SERVICE PROVIDERS 
SEC. 201. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES 
UNDER 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), as amended by section 101, is 
further amended by adding at the end the following new 
title: 
‘‘TITLE 
VIII—PROTECTION 
OF 
PERSONS 
ASSISTING 
THE 
GOVERNMENT 
‘‘SEC. 801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) 
ASSISTANCE.—The 
term 
‘assistance’ 
means the provision of, or the provision of access to, 
information 
(including 
communication 
contents, 
communications records, or other information relat-
ing to a customer or communication), facilities, or 
another form of assistance. 
‘‘(2) CIVIL ACTION.—The term ‘civil action’ in-
cludes a covered civil action. 
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‘‘(3) CONGRESSIONAL INTELLIGENCE COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ means— 
‘‘(A) the Select Committee on Intelligence 
of the Senate; and 
‘‘(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
‘‘(4) CONTENTS.—The term ‘contents’ has the 
meaning given that term in section 101(n). 
‘‘(5) COVERED CIVIL ACTION.—The term ‘cov-
ered civil action’ means a civil action filed in a Fed-
eral or State court that— 
‘‘(A) alleges that an electronic communica-
tion service provider furnished assistance to an 
element of the intelligence community; and 
‘‘(B) seeks monetary or other relief from 
the electronic communication service provider 
related to the provision of such assistance. 
‘‘(6) ELECTRONIC
COMMUNICATION
SERVICE 
PROVIDER.—The term ‘electronic communication 
service provider’ means— 
‘‘(A) a telecommunications carrier, as that 
term is defined in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153); 
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‘‘(B) a provider of electronic communica-
tion service, as that term is defined in section 
2510 of title 18, United States Code; 
‘‘(C) a provider of a remote computing 
service, as that term is defined in section 2711 
of title 18, United States Code; 
‘‘(D) any other communication service pro-
vider who has access to wire or electronic com-
munications either as such communications are 
transmitted or as such communications are 
stored; 
‘‘(E) a parent, subsidiary, affiliate, suc-
cessor, or assignee of an entity described in 
subparagraph (A), (B), (C), or (D); or 
‘‘(F) an officer, employee, or agent of an 
entity described in subparagraph (A), (B), (C), 
(D), or (E). 
‘‘(7) 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)). 
‘‘(8) PERSON.—The term ‘person’ means— 
‘‘(A) an electronic communication service 
provider; or 
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‘‘(B) a landlord, custodian, or other person 
who may be authorized or required to furnish 
assistance pursuant to— 
‘‘(i) an order of the court established 
under section 103(a) directing such assist-
ance; 
‘‘(ii) a certification in writing under 
section 2511(2)(a)(ii)(B) or 2709(b) of 
title 18, United States Code; or 
‘‘(iii) 
a 
directive 
under 
section 
102(a)(4), 105B(e), as added by section 2 
of the Protect America Act of 2007 (Public 
Law 110–55), or 702(h). 
‘‘(9) STATE.—The term ‘State’ means any 
State, political subdivision of a State, the Common-
wealth of Puerto Rico, the District of Columbia, and 
any territory or possession of the United States, and 
includes any officer, public utility commission, or 
other body authorized to regulate an electronic com-
munication service provider. 
‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY 
DEFENSES. 
‘‘(a) REQUIREMENT FOR CERTIFICATION.—Notwith-
standing any other provision of law, a civil action may not 
lie or be maintained in a Federal or State court against 
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any person for providing assistance to an element of the 
intelligence community, and shall be promptly dismissed, 
if the Attorney General certifies to the district court of 
the United States in which such action is pending that— 
‘‘(1) any assistance by that person was provided 
pursuant to an order of the court established under 
section 103(a) directing such assistance; 
‘‘(2) any assistance by that person was provided 
pursuant to a certification in writing under section 
2511(2)(a)(ii)(B) or 2709(b) of title 18, United 
States Code; 
‘‘(3) any assistance by that person was provided 
pursuant to a directive under section 102(a)(4), 
105B(e), as added by section 2 of the Protect Amer-
ica Act of 2007 (Public Law 110–55), or 702(h) di-
recting such assistance; 
‘‘(4) in the case of a covered civil action, the as-
sistance alleged to have been provided by the elec-
tronic communication service provider was— 
‘‘(A) in connection with an intelligence ac-
tivity involving communications that was— 
‘‘(i) authorized by the President dur-
ing the period beginning on September 11, 
2001, and ending on January 17, 2007; 
and 
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‘‘(ii) designed to detect or prevent a 
terrorist attack, or activities in preparation 
for a terrorist attack, against the United 
States; and 
‘‘(B) the subject of a written request or di-
rective, or a series of written requests or direc-
tives, from the Attorney General or the head of 
an element of the intelligence community (or 
the deputy of such person) to the electronic 
communication service provider indicating that 
the activity was— 
‘‘(i) authorized by the President; and 
‘‘(ii) determined to be lawful; or 
‘‘(5) the person did not provide the alleged as-
sistance. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) REVIEW OF CERTIFICATIONS.—A certifi-
cation under subsection (a) shall be given effect un-
less the court finds that such certification is not 
supported by substantial evidence provided to the 
court pursuant to this section. 
‘‘(2) SUPPLEMENTAL
MATERIALS.—In its re-
view of a certification under subsection (a), the 
court may examine the court order, certification, 
written request, or directive described in subsection 
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(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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(A) all of the facts necessary to describe 
the establishment, implementation, product, and 
use of the product of the Program; 
(B) access to legal reviews of the Program 
and access to information about the Program; 
(C) communications with, and participa-
tion of, individuals and entities in the private 
sector related to the Program; 
(D) interaction with the Foreign Intel-
ligence Surveillance Court and transition to 
court orders related to the Program; and 
(E) any other matters identified by any 
such Inspector General that would enable that 
Inspector General to complete a review of the 
Program, with respect to such Department or 
element. 
(2) COOPERATION AND COORDINATION.— 
(A) COOPERATION.—Each Inspector Gen-
eral required to conduct a review under para-
graph (1) shall— 
(i) work in conjunction, to the extent 
practicable, with any other Inspector Gen-
eral required to conduct such a review; and 
(ii) utilize, to the extent practicable, 
and not unnecessarily duplicate or delay, 
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such reviews or audits that have been com-
pleted or are being undertaken by any such 
Inspector General or by any other office of 
the Executive Branch related to the Pro-
gram. 
(B) INTEGRATION OF OTHER REVIEWS.— 
The Counsel of the Office of Professional Re-
sponsibility of the Department of Justice shall 
provide the report of any investigation con-
ducted by such Office on matters relating to the 
Program, including any investigation of the 
process through which legal reviews of the Pro-
gram were conducted and the substance of such 
reviews, to the Inspector General of the Depart-
ment of Justice, who shall integrate the factual 
findings and conclusions of such investigation 
into its review. 
(C) COORDINATION.—The Inspectors Gen-
eral shall designate one of the Inspectors Gen-
eral required to conduct a review under para-
graph (1) that is appointed by the President, by 
and with the advice and consent of the Senate, 
to coordinate the conduct of the reviews and the 
preparation of the reports. 
(c) REPORTS.— 
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(1) PRELIMINARY REPORTS.—Not later than 60 
days after the date of the enactment of this Act, the 
Inspectors General of the Department of Justice, the 
Office of the Director of National Intelligence, the 
National Security Agency, the Department of De-
fense, and any other Inspector General required to 
conduct a review under subsection (b)(1), shall sub-
mit to the appropriate committees of Congress an 
interim report that describes the planned scope of 
such review. 
(2) FINAL
REPORT.—Not later than 1 year 
after the date of the enactment of this Act, the In-
spectors General of the Department of Justice, the 
Office of the Director of National Intelligence, the 
National Security Agency, the Department of De-
fense, and any other Inspector General required to 
conduct a review under subsection (b)(1), shall sub-
mit to the appropriate committees of Congress, in a 
manner consistent with national security, a com-
prehensive report on such reviews that includes any 
recommendations of any such Inspectors General 
within the oversight authority and responsibility of 
any such Inspector General with respect to the re-
views. 
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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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113 
(B) CERTIFICATION.—The certification de-
scribed in this subparagraph is a certification— 
(i) made by the Attorney General; 
(ii) submitted to the Select Committee 
on Intelligence of the Senate, the Perma-
nent Select Committee on Intelligence of 
the House of Representatives, and the 
Committees on the Judiciary of the Senate 
and the House of Representatives; 
(iii) that states that there will be no 
further acquisitions carried out under title 
VII of the Foreign Intelligence Surveil-
lance Act of 1978, as amended by section 
101(a), after the date of such certification; 
and 
(iv) that states that the information 
required to be included in a review, assess-
ment, or report under section 601 of such 
Act, as amended by section 101(c), or sec-
tion 702(l) or 707 of such Act, as added 
by section 101(a), relating to any acquisi-
tion conducted under title VII of such Act, 
as amended by section 101(a), has been in-
cluded in a review, assessment, or report 
under such section 601, 702(l), or 707. 
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114 
(5) TRANSITION
PROCEDURES
CONCERNING 
THE TARGETING OF UNITED STATES PERSONS OVER-
SEAS.—Any authorization in effect on the date of 
enactment of this Act under section 2.5 of Executive 
Order 12333 to intentionally target a United States 
person reasonably believed to be located outside the 
United States shall continue in effect, and shall con-
stitute a sufficient basis for conducting such an ac-
quisition targeting a United States person located 
outside the United States until the earlier of— 
(A) the date that authorization expires; or 
(B) the date that is 90 days after the date 
of the enactment of this Act. 
Æ 
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