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of minimization procedures applied to information con-
cerning United States persons acquired during the course 
of a communications activity conducted by the National 
Security Agency. 
(b) REQUIREMENTS.—A report submitted under sub-
section (a) shall include— 
(1) a description of the implementation, during 
the course of communications intelligence activities 
conducted by the National Security Agency, of pro-
cedures established to minimize the acquisition, re-
tention, and dissemination of nonpublicly available 
information concerning United States persons; 
(2) the number of significant violations, if any, 
of such minimization procedures during the 18 
months following the effective date of this Act; and 
(3) summary descriptions of such violations. 
(c) RETENTION OF INFORMATION.—Information con-
cerning United States persons shall not be retained solely 
for the purpose of complying with the reporting require-
ments of this section. 
SEC. 12. AUTHORIZATION AFTER AN ARMED ATTACK. 
(a) ELECTRONIC SURVEILLANCE.—Section 111 of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1811) is amended by striking ‘‘for a period not 
to exceed’’ and all that follows and inserting the following: 
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‘‘for a period not to exceed 90 days following an armed 
attack against the territory of the United States if the 
President submits to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate notification 
of the authorization under this section.’’. 
(b) PHYSICAL SEARCH.—Section 309 of such Act (50 
U.S.C. 1829) is amended by striking ‘‘for a period not 
to exceed’’ and all that follows and inserting the following: 
‘‘for a period not to exceed 90 days following an armed 
attack against the territory of the United States if the 
President submits to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate notification 
of the authorization under this section.’’. 
SEC. 13. AUTHORIZATION OF ELECTRONIC SURVEILLANCE 
AFTER A TERRORIST ATTACK. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is further amended— 
(1) by adding at the end of title I the following 
new section: 
‘‘AUTHORIZATION FOLLOWING A TERRORIST ATTACK 
UPON THE UNITED STATES 
‘‘SEC. 112. (a) IN GENERAL.—Notwithstanding any 
other provision of law, but subject to the provisions of this 
section, the President, acting through the Attorney Gen-
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eral, may authorize electronic surveillance without an 
order under this title to acquire foreign intelligence infor-
mation for a period not to exceed 90 days following a ter-
rorist attack against the United States if the President 
submits a notification to the congressional intelligence 
committees and a judge having jurisdiction under section 
103 that— 
‘‘(1) the United States has been the subject of 
a terrorist attack; and 
‘‘(2) identifies the terrorist organizations or af-
filiates of terrorist organizations believed to be re-
sponsible for the terrorist attack. 
‘‘(b) SUBSEQUENT CERTIFICATIONS.—At the end of 
the 90-day period described in subsection (a), and every 
90 days thereafter, the President may submit a subse-
quent certification to the congressional intelligence com-
mittees and a judge having jurisdiction under section 103 
that the circumstances of the terrorist attack for which 
the President submitted a certification under subsection 
(a) require the President to continue the authorization of 
electronic surveillance under this section for an additional 
90 days. The President shall be authorized to conduct 
electronic surveillance under this section for an additional 
90 days after each such subsequent certification. 
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‘‘(c) ELECTRONIC
SURVEILLANCE
OF
INDIVID-
UALS.—The President, or an official designated by the 
President to authorize electronic surveillance, may only 
conduct electronic surveillance of a person under this sec-
tion if the President or such official determines that— 
‘‘(1) there is a reasonable belief that such per-
son is communicating with a terrorist organization 
or an affiliate of a terrorist organization that is rea-
sonably believed to be responsible for the terrorist 
attack; and 
‘‘(2) the information obtained from the elec-
tronic surveillance may be foreign intelligence infor-
mation. 
‘‘(d) MINIMIZATION PROCEDURES.—The President 
may not authorize electronic surveillance under this sec-
tion until the Attorney General approves minimization 
procedures for electronic surveillance conducted under this 
section. 
‘‘(e) UNITED STATES PERSONS.—Notwithstanding 
subsection (a) or (b), the President may not authorize 
electronic surveillance of a United States person under 
this section without an order under this title for a period 
of more than 60 days unless the President, acting through 
the Attorney General, submits a certification to the con-
gressional intelligence committees that— 
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‘‘(1) the continued electronic surveillance of the 
United States person is vital to the national security 
of the United States; 
‘‘(2) describes the circumstances that have pre-
vented the Attorney General from obtaining an order 
under this title for continued surveillance; 
‘‘(3) describes the reasons for believing the 
United States person is affiliated with or in commu-
nication with a terrorist organization or affiliate of 
a terrorist organization that is reasonably believed to 
be responsible for the terrorist attack; and 
‘‘(4) describes the foreign intelligence informa-
tion derived from the electronic surveillance con-
ducted under this section. 
‘‘(f) USE OF INFORMATION.—Information obtained 
pursuant to electronic surveillance under this subsection 
may be used to obtain an order authorizing subsequent 
electronic surveillance under this title. 
‘‘(g) REPORTS.—Not later than 14 days after the 
date on which the President submits a certification under 
subsection (a), and every 30 days thereafter until the 
President ceases to authorize electronic surveillance under 
subsection (a) or (b), the President shall submit to the 
congressional intelligence committees a report on the elec-
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tronic surveillance conducted under this section, includ-
ing— 
‘‘(1) a description of each target of electronic 
surveillance under this section; and 
‘‘(2) the basis for believing that each target is 
in communication with a terrorist organization or an 
affiliate of a terrorist organization. 
‘‘(h) CONGRESSIONAL INTELLIGENCE COMMITTEES 
DEFINED.—In this section, the term ‘congressional intel-
ligence committees’ means the Permanent Select Com-
mittee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate.’’; and 
(2) in the table of contents in the first section, 
by inserting after the item relating to section 111 
the following new item: 
‘‘Sec. 112. Authorization following a terrorist attack upon the United States.’’. 
SEC. 14. AUTHORIZATION OF ELECTRONIC SURVEILLANCE 
DUE TO IMMINENT THREAT. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is further amended— 
(1) by adding at the end of title I the following 
new section: 
‘‘AUTHORIZATION DUE TO IMMINENT THREAT 
‘‘SEC. 113. (a) IN GENERAL.—Notwithstanding any 
other provision of law, but subject to the provisions of this 
section, the President, acting through the Attorney Gen-
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eral, may authorize electronic surveillance without an 
order under this title to acquire foreign intelligence infor-
mation for a period not to exceed 90 days if the President 
submits to the congressional leadership, the congressional 
intelligence committees, and the Foreign Intelligence Sur-
veillance Court a written notification that the President 
has determined that there exists an imminent threat of 
attack likely to cause death, serious injury, or substantial 
economic damage to the United States. Such notifica-
tion— 
‘‘(1) shall be submitted as soon as practicable, 
but in no case later than 5 days after the date on 
which the President authorizes electronic surveil-
lance under this section; 
‘‘(2) shall specify the entity responsible for the 
threat and any affiliates of the entity; 
‘‘(3) shall state the reason to believe that the 
threat of imminent attack exists; 
‘‘(4) shall state the reason the President needs 
broader authority to conduct electronic surveillance 
in the United States as a result of the threat of im-
minent attack; 
‘‘(5) shall include a description of the foreign 
intelligence information that will be collected and the 
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means that will be used to collect such foreign intel-
ligence information; and 
‘‘(6) may be submitted in classified form. 
‘‘(b) SUBSEQUENT CERTIFICATIONS.—At the end of 
the 90-day period described in subsection (a), and every 
90 days thereafter, the President may submit a subse-
quent written notification to the congressional leadership, 
the congressional intelligence committees, the other rel-
evant committees, and the Foreign Intelligence Surveil-
lance Court that the circumstances of the threat for which 
the President submitted a written notification under sub-
section (a) require the President to continue the author-
ization of electronic surveillance under this section for an 
additional 90 days. The President shall be authorized to 
conduct electronic surveillance under this section for an 
additional 90 days after each such subsequent written no-
tification. 
‘‘(c) ELECTRONIC
SURVEILLANCE
OF
INDIVID-
UALS.—The President, or an official designated by the 
President to authorize electronic surveillance, may only 
conduct electronic surveillance of a person under this sec-
tion if the President or such official determines that— 
‘‘(1) there is a reasonable belief that such per-
son is communicating with an entity or an affiliate 
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of an entity that is reasonably believed to be respon-
sible for imminent threat of attack; and 
‘‘(2) the information obtained from the elec-
tronic surveillance may be foreign intelligence infor-
mation. 
‘‘(d) MINIMIZATION PROCEDURES.—The President 
may not authorize electronic surveillance under this sec-
tion until the Attorney General approves minimization 
procedures for electronic surveillance conducted under this 
section. 
‘‘(e) UNITED STATES PERSONS.—Notwithstanding 
subsections (a) and (b), the President may not authorize 
electronic surveillance of a United States person under 
this section without an order under this title for a period 
of more than 60 days unless the President, acting through 
the Attorney General, submits a certification to the con-
gressional intelligence committees that— 
‘‘(1) the continued electronic surveillance of the 
United States person is vital to the national security 
of the United States; 
‘‘(2) describes the circumstances that have pre-
vented the Attorney General from obtaining an order 
under this title for continued surveillance; 
‘‘(3) describes the reasons for believing the 
United States person is affiliated with or in commu-
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nication with an entity or an affiliate of an entity 
that is reasonably believed to be responsible for im-
minent threat of attack; and 
‘‘(4) describes the foreign intelligence informa-
tion derived from the electronic surveillance con-
ducted under this section. 
‘‘(f) USE OF INFORMATION.—Information obtained 
pursuant to electronic surveillance under this subsection 
may be used to obtain an order authorizing subsequent 
electronic surveillance under this title. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) CONGRESSIONAL INTELLIGENCE COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ means the Permanent Select Committee on In-
telligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate. 
‘‘(2) CONGRESSIONAL LEADERSHIP.—The term 
‘congressional leadership’ means the Speaker and 
minority leader of the House of Representatives and 
the majority leader and minority leader of the Sen-
ate. 
‘‘(3) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—The term ‘Foreign Intelligence Surveillance 
Court’ means the court established under section 
103(a). 
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‘‘(4) OTHER
RELEVANT
COMMITTEES.—The 
term ‘other relevant committees’ means the Commit-
tees on Appropriations, the Committees on Armed 
Services, and the Committees on the Judiciary of 
the House of Representatives and the Senate.’’; and 
(2) in the table of contents in the first section, 
by inserting after the item relating to section 112, 
as added by section 13(2), the following new item: 
‘‘Sec. 113. Authorization due to imminent threat.’’. 
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is further amended— 
(1) in section 105(a)(4), as redesignated by sec-
tion 6(1)(B)— 
(A) by striking ‘‘104(a)(7)(E)’’ and insert-
ing ‘‘104(a)(7)(D)’’; and 
(B) by striking ‘‘104(d)’’ and inserting 
‘‘104(c)’’; 
(2) in section 106(j), in the matter preceding 
paragraph (1), by striking ‘‘105(e)’’ and inserting 
‘‘105(d)’’; and 
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(3) 
in 
section 
108(a)(2)(C), 
by 
striking 
‘‘105(f)’’ and inserting ‘‘105(e)’’. 
Passed the House of Representatives September 28, 
2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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