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
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
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
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);
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.