FISA Amendments Act of 2008
PL 110-261 (H.R.6304), enacted 07/10/2008

122 STAT. 2436 
PUBLIC LAW 110–261—JULY 10, 2008 
Public Law 110–261 
110th Congress 
An Act 
To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure 
for authorizing certain acquisitions of foreign intelligence, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Foreign Intel-
ligence Surveillance Act of 1978 Amendments Act of 2008’’ or the 
‘‘FISA Amendments Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE 
SSec. 101. Additional procedures regarding certain persons outside the United 
States. 
Sec. 102. Statement of exclusive means by which electronic surveillance and inter-
ception of certain communications may be conducted. 
Sec. 103. Submittal to Congress of certain court orders under the Foreign Intel-
ligence Surveillance Act of 1978. 
Sec. 104. Applications for court orders. 
Sec. 105. Issuance of an order. 
Sec. 106. Use of information. 
Sec. 107. Amendments for physical searches. 
Sec. 108. Amendments for emergency pen registers and trap and trace devices. 
Sec. 109. Foreign Intelligence Surveillance Court. 
Sec. 110. Weapons of mass destruction. 
TITLE II—PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE 
PROVIDERS 
Sec. 201. Procedures for implementing statutory defenses under the Foreign Intel-
ligence Surveillance Act of 1978. 
Sec. 202. Technical amendments. 
TITLE III—REVIEW OF PREVIOUS ACTIONS 
Sec. 301. Review of previous actions. 
TITLE IV—OTHER PROVISIONS 
Sec. 401. Severability. 
Sec. 402. Effective date. 
Sec. 403. Repeals. 
Sec. 404. Transition procedures. 
50 USC 1801 
note. 
Foreign 
Intelligence 
Surveillance Act 
of 1978 
Amendments Act 
of 2008. 
July 10, 2008 
[H.R. 6304] 
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122 STAT. 2437 
PUBLIC LAW 110–261—JULY 10, 2008 
TITLE I—FOREIGN INTELLIGENCE 
SURVEILLANCE 
SEC. 101. ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS 
OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—The Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) is amended— 
(1) by striking title VII; and 
(2) by adding at the end the following: 
‘‘TITLE VII—ADDITIONAL PROCEDURES 
REGARDING CERTAIN PERSONS OUT-
SIDE THE UNITED STATES 
‘‘SEC. 701. DEFINITIONS. 
‘‘(a) IN GENERAL.—The terms ‘agent of a foreign power’, 
‘Attorney General’, ‘contents’, ‘electronic surveillance’, ‘foreign intel-
ligence information’, ‘foreign power’, ‘person’, ‘United States’, and 
‘United States person’ have the meanings given such terms in 
section 101, except as specifically provided in this title. 
‘‘(b) ADDITIONAL DEFINITIONS.— 
‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 
‘congressional intelligence committees’ means— 
‘‘(A) the Select Committee on Intelligence of the Senate; 
and 
‘‘(B) the Permanent Select Committee on Intelligence 
of the House of Representatives. 
‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT; COURT.— 
The terms ‘Foreign Intelligence Surveillance Court’ and ‘Court’ 
mean the court established under section 103(a). 
‘‘(3) FOREIGN
INTELLIGENCE
SURVEILLANCE
COURT
OF 
REVIEW; COURT OF REVIEW.—The terms ‘Foreign Intelligence 
Surveillance Court of Review’ and ‘Court of Review’ mean the 
court established under section 103(b). 
‘‘(4) 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 Communications Act of 1934 
(47 U.S.C. 153); 
‘‘(B) a provider of electronic communication 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 provider who 
has access to wire or electronic communications either as 
such communications are transmitted or as such commu-
nications are stored; or 
‘‘(E) an officer, employee, or agent of an entity 
described in subparagraph (A), (B), (C), or (D). 
50 USC 1881. 
50 USC 1801 
note. 
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122 STAT. 2438 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(5) 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)). 
‘‘SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE 
THE UNITED STATES OTHER THAN UNITED STATES PER-
SONS. 
‘‘(a) AUTHORIZATION.—Notwithstanding any other provision of 
law, upon the issuance of an order in accordance with subsection 
(i)(3) or a determination under subsection (c)(2), the Attorney Gen-
eral and the Director of National Intelligence may authorize jointly, 
for a period of up to 1 year from the effective date of the authoriza-
tion, the targeting of persons reasonably believed to be located 
outside the United States to acquire foreign intelligence informa-
tion. 
‘‘(b) LIMITATIONS.—An acquisition authorized under subsection 
(a)— 
‘‘(1) may not intentionally target any person known at 
the time of acquisition to be located in the United States; 
‘‘(2) may not intentionally target a person reasonably 
believed to be located outside the United States if the purpose 
of such acquisition is to target a particular, known person 
reasonably believed to be in the United States; 
‘‘(3) may not intentionally target a United States person 
reasonably believed to be located outside the United States; 
‘‘(4) may not intentionally acquire any communication as 
to which the sender and all intended recipients are known 
at the time of the acquisition to be located in the United 
States; and 
‘‘(5) shall be conducted in a manner consistent with the 
fourth amendment to the Constitution of the United States. 
‘‘(c) CONDUCT OF ACQUISITION.— 
‘‘(1) IN GENERAL.—An acquisition authorized under sub-
section (a) shall be conducted only in accordance with— 
‘‘(A) the targeting and minimization procedures 
adopted in accordance with subsections (d) and (e); and 
‘‘(B) upon submission of a certification in accordance 
with subsection (g), such certification. 
‘‘(2) DETERMINATION.—A determination under this para-
graph and for purposes of subsection (a) is a determination 
by the Attorney General and the Director of National Intel-
ligence that exigent circumstances exist because, without imme-
diate implementation of an authorization under subsection (a), 
intelligence important to the national security of the United 
States may be lost or not timely acquired and time does not 
permit the issuance of an order pursuant to subsection (i)(3) 
prior to the implementation of such authorization. 
‘‘(3) TIMING OF DETERMINATION.—The Attorney General and 
the Director of National Intelligence may make the determina-
tion under paragraph (2)— 
‘‘(A) before the submission of a certification in accord-
ance with subsection (g); or 
‘‘(B) by amending a certification pursuant to subsection 
(i)(1)(C) at any time during which judicial review under 
subsection (i) of such certification is pending. 
‘‘(4) CONSTRUCTION.—Nothing in title I shall be construed 
to require an application for a court order under such title 
Certification. 
50 USC 1881a. 
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122 STAT. 2439 
PUBLIC LAW 110–261—JULY 10, 2008 
for an acquisition that is targeted in accordance with this section 
at a person reasonably believed to be located outside the United 
States. 
‘‘(d) TARGETING PROCEDURES.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in 
consultation with the Director of National Intelligence, shall 
adopt targeting procedures that are reasonably designed to— 
‘‘(A) ensure that any acquisition authorized under sub-
section (a) is limited to targeting persons reasonably 
believed to be located outside the United States; and 
‘‘(B) prevent the intentional acquisition of any commu-
nication as to which the sender and all intended recipients 
are known at the time of the acquisition to be located 
in the United States. 
‘‘(2) JUDICIAL REVIEW.—The procedures adopted in accord-
ance with paragraph (1) shall be subject to judicial review 
pursuant to subsection (i). 
‘‘(e) MINIMIZATION PROCEDURES.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in 
consultation with the Director of National Intelligence, shall 
adopt minimization procedures that meet the definition of mini-
mization procedures under section 101(h) or 301(4), as appro-
priate, for acquisitions authorized under subsection (a). 
‘‘(2) JUDICIAL
REVIEW.—The minimization procedures 
adopted in accordance with paragraph (1) shall be subject to 
judicial review pursuant to subsection (i). 
‘‘(f) GUIDELINES FOR COMPLIANCE WITH LIMITATIONS.— 
‘‘(1) REQUIREMENT TO ADOPT.—The Attorney General, in 
consultation with the Director of National Intelligence, shall 
adopt guidelines to ensure— 
‘‘(A) compliance with the limitations in subsection (b); 
and 
‘‘(B) that an application for a court order is filed as 
required by this Act. 
‘‘(2) SUBMISSION
OF
GUIDELINES.—The Attorney General 
shall provide the guidelines adopted in accordance with para-
graph (1) to— 
‘‘(A) the congressional intelligence committees; 
‘‘(B) the Committees on the Judiciary of the Senate 
and the House of Representatives; and 
‘‘(C) the Foreign Intelligence Surveillance Court. 
‘‘(g) CERTIFICATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Subject to subparagraph (B), prior 
to the implementation of an authorization under subsection 
(a), the Attorney General and the Director of National 
Intelligence shall provide to the Foreign Intelligence 
Surveillance Court a written certification and any sup-
porting affidavit, under oath and under seal, in accordance 
with this subsection. 
‘‘(B) EXCEPTION.—If the Attorney General and the 
Director of National Intelligence make a determination 
under subsection (c)(2) and time does not permit the 
submission of a certification under this subsection prior 
to the implementation of an authorization under subsection 
(a), the Attorney General and the Director of National 
Intelligence shall submit to the Court a certification for 
Deadline. 
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122 STAT. 2440 
PUBLIC LAW 110–261—JULY 10, 2008 
such authorization as soon as practicable but in no event 
later than 7 days after such determination is made. 
‘‘(2) REQUIREMENTS.—A certification made under this sub-
section shall— 
‘‘(A) attest that— 
‘‘(i) there are procedures in place that have been 
approved, have been submitted for approval, or will 
be submitted with the certification for approval by 
the Foreign Intelligence Surveillance Court that are 
reasonably designed to— 
‘‘(I) ensure that an acquisition authorized 
under subsection (a) is limited to targeting persons 
reasonably believed to be located outside the 
United States; and 
‘‘(II) prevent the intentional acquisition of any 
communication as to which the sender and all 
intended recipients are known at the time of the 
acquisition to be located in the United States; 
‘‘(ii) the minimization procedures to be used with 
respect to such acquisition— 
‘‘(I) meet the definition of minimization proce-
dures under section 101(h) or 301(4), as appro-
priate; and 
‘‘(II) have been approved, have been submitted 
for approval, or will be submitted with the certifi-
cation for approval by the Foreign Intelligence 
Surveillance Court; 
‘‘(iii) guidelines have been adopted in accordance 
with subsection (f) to ensure compliance with the 
limitations in subsection (b) and to ensure that an 
application for a court order is filed as required by 
this Act; 
‘‘(iv) the procedures and guidelines referred to in 
clauses (i), (ii), and (iii) are consistent with the require-
ments of the fourth amendment to the Constitution 
of the United States; 
‘‘(v) a significant purpose of the acquisition is to 
obtain foreign intelligence information; 
‘‘(vi) the acquisition involves obtaining foreign 
intelligence information from or with the assistance 
of an electronic communication service provider; and 
‘‘(vii) the acquisition complies with the limitations 
in subsection (b); 
‘‘(B) include the procedures adopted in accordance with 
subsections (d) and (e); 
‘‘(C) be supported, as appropriate, by the affidavit of 
any appropriate official in the area of national security 
who is— 
‘‘(i) appointed by the President, by and with the 
advice and consent of the Senate; or 
‘‘(ii) the head of an element of the intelligence 
community; 
‘‘(D) include— 
‘‘(i) an effective date for the authorization that 
is at least 30 days after the submission of the written 
certification to the court; or 
Effective date. 
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122 STAT. 2441 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(ii) if the acquisition has begun or the effective 
date is less than 30 days after the submission of the 
written certification to the court, the date the acquisi-
tion began or the effective date for the acquisition; 
and 
‘‘(E) if the Attorney General and the Director of 
National Intelligence make a determination under sub-
section (c)(2), include a statement that such determination 
has been made. 
‘‘(3) CHANGE IN EFFECTIVE DATE.—The Attorney General 
and the Director of National Intelligence may advance or delay 
the effective date referred to in paragraph (2)(D) by submitting 
an amended certification in accordance with subsection (i)(1)(C) 
to the Foreign Intelligence Surveillance Court for review pursu-
ant to subsection (i). 
‘‘(4) LIMITATION.—A certification made under this sub-
section is not required to identify the specific facilities, places, 
premises, or property at which an acquisition authorized under 
subsection (a) will be directed or conducted. 
‘‘(5) MAINTENANCE OF CERTIFICATION.—The Attorney Gen-
eral or a designee of the Attorney General shall maintain 
a copy of a certification made under this subsection. 
‘‘(6) REVIEW.—A certification submitted in accordance with 
this subsection shall be subject to judicial review pursuant 
to subsection (i). 
‘‘(h) DIRECTIVES AND JUDICIAL REVIEW OF DIRECTIVES.— 
‘‘(1) AUTHORITY.—With respect to an acquisition authorized 
under subsection (a), the Attorney General and the Director 
of National Intelligence may direct, in writing, an electronic 
communication service provider to— 
‘‘(A) immediately provide the Government with all 
information, facilities, or assistance necessary to accom-
plish the acquisition in a manner that will protect the 
secrecy of the acquisition and produce a minimum of inter-
ference with the services that such electronic communica-
tion service provider is providing to the target of the 
acquisition; and 
‘‘(B) maintain under security procedures approved by 
the Attorney General and the Director of National Intel-
ligence any records concerning the acquisition or the aid 
furnished that such electronic communication service pro-
vider wishes to maintain. 
‘‘(2) COMPENSATION.—The Government shall compensate, 
at the prevailing rate, an electronic communication service 
provider for providing information, facilities, or assistance in 
accordance with a directive issued pursuant to paragraph (1). 
‘‘(3) RELEASE FROM LIABILITY.—No cause of action shall 
lie in any court against any electronic communication service 
provider for providing any information, facilities, or assistance 
in accordance with a directive issued pursuant to paragraph 
(1). 
‘‘(4) CHALLENGING OF DIRECTIVES.— 
‘‘(A) AUTHORITY TO CHALLENGE.—An electronic commu-
nication service provider receiving a directive issued pursu-
ant to paragraph (1) may file a petition to modify or set 
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122 STAT. 2442 
PUBLIC LAW 110–261—JULY 10, 2008 
aside such directive with the Foreign Intelligence Surveil-
lance Court, which shall have jurisdiction to review such 
petition. 
‘‘(B) ASSIGNMENT.—The presiding judge of the Court 
shall assign a petition filed under subparagraph (A) to 
1 of the judges serving in the pool established under section 
103(e)(1) not later than 24 hours after the filing of such 
petition. 
‘‘(C) STANDARDS FOR REVIEW.—A judge considering a 
petition filed under subparagraph (A) may grant such peti-
tion only if the judge finds that the directive does not 
meet the requirements of this section, or is otherwise 
unlawful. 
‘‘(D) PROCEDURES FOR INITIAL REVIEW.—A judge shall 
conduct an initial review of a petition filed under subpara-
graph (A) not later than 5 days after being assigned such 
petition. If the judge determines that such petition does 
not consist of claims, defenses, or other legal contentions 
that are warranted by existing law or by a nonfrivolous 
argument for extending, modifying, or reversing existing 
law or for establishing new law, the judge shall imme-
diately deny such petition and affirm the directive or any 
part of the directive that is the subject of such petition 
and order the recipient to comply with the directive or 
any part of it. Upon making a determination under this 
subparagraph or promptly thereafter, the judge shall pro-
vide a written statement for the record of the reasons 
for such determination. 
‘‘(E) PROCEDURES
FOR
PLENARY
REVIEW.—If a judge 
determines that a petition filed under subparagraph (A) 
requires plenary review, the judge shall affirm, modify, 
or set aside the directive that is the subject of such petition 
not later than 30 days after being assigned such petition. 
If the judge does not set aside the directive, the judge 
shall immediately affirm or affirm with modifications the 
directive, and order the recipient to comply with the direc-
tive in its entirety or as modified. The judge shall provide 
a written statement for the record of the reasons for a 
determination under this subparagraph. 
‘‘(F) CONTINUED EFFECT.—Any directive not explicitly 
modified or set aside under this paragraph shall remain 
in full effect. 
‘‘(G) CONTEMPT OF COURT.—Failure to obey an order 
issued under this paragraph may be punished by the Court 
as contempt of court. 
‘‘(5) ENFORCEMENT OF DIRECTIVES.— 
‘‘(A) ORDER TO COMPEL.—If an electronic communica-
tion service provider fails to comply with a directive issued 
pursuant to paragraph (1), the Attorney General may file 
a petition for an order to compel the electronic communica-
tion service provider to comply with the directive with 
the Foreign Intelligence Surveillance Court, which shall 
have jurisdiction to review such petition. 
‘‘(B) ASSIGNMENT.—The presiding judge of the Court 
shall assign a petition filed under subparagraph (A) to 
1 of the judges serving in the pool established under section 
Deadline. 
Records. 
Deadline. 
Records. 
Deadline. 
Deadline. 
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122 STAT. 2443 
PUBLIC LAW 110–261—JULY 10, 2008 
103(e)(1) not later than 24 hours after the filing of such 
petition. 
‘‘(C) PROCEDURES FOR REVIEW.—A judge considering 
a petition filed under subparagraph (A) shall, not later 
than 30 days after being assigned such petition, issue an 
order requiring the electronic communication service pro-
vider to comply with the directive or any part of it, as 
issued or as modified, if the judge finds that the directive 
meets the requirements of this section and is otherwise 
lawful. The judge shall provide a written statement for 
the record of the reasons for a determination under this 
paragraph. 
‘‘(D) CONTEMPT OF COURT.—Failure to obey an order 
issued under this paragraph may be punished by the Court 
as contempt of court. 
‘‘(E) PROCESS.—Any process under this paragraph may 
be served in any judicial district in which the electronic 
communication service provider may be found. 
‘‘(6) APPEAL.— 
‘‘(A) APPEAL TO THE COURT OF REVIEW.—The Govern-
ment or an electronic communication service provider 
receiving a directive issued pursuant to paragraph (1) may 
file a petition with the Foreign Intelligence Surveillance 
Court of Review for review of a decision issued pursuant 
to paragraph (4) or (5). The Court of Review shall have 
jurisdiction to consider such petition and shall provide a 
written statement for the record of the reasons for a deci-
sion under this subparagraph. 
‘‘(B) CERTIORARI TO THE SUPREME COURT.—The Govern-
ment or an electronic communication service provider 
receiving a directive issued pursuant to paragraph (1) may 
file a petition for a writ of certiorari for review of a decision 
of the Court of Review issued under subparagraph (A). 
The record for such review shall be transmitted under 
seal to the Supreme Court of the United States, which 
shall have jurisdiction to review such decision. 
‘‘(i) JUDICIAL REVIEW OF CERTIFICATIONS AND PROCEDURES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW BY THE FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT.—The Foreign Intelligence Surveillance Court 
shall have jurisdiction to review a certification submitted 
in accordance with subsection (g) and the targeting and 
minimization procedures adopted in accordance with sub-
sections (d) and (e), and amendments to such certification 
or such procedures. 
‘‘(B) TIME PERIOD FOR REVIEW.—The Court shall review 
a certification submitted in accordance with subsection (g) 
and the targeting and minimization procedures adopted 
in accordance with subsections (d) and (e) and shall com-
plete such review and issue an order under paragraph 
(3) not later than 30 days after the date on which such 
certification and such procedures are submitted. 
‘‘(C) AMENDMENTS.—The Attorney General and the 
Director of National Intelligence may amend a certification 
submitted in accordance with subsection (g) or the targeting 
and minimization procedures adopted in accordance with 
subsections (d) and (e) as necessary at any time, including 
Deadlines. 
Records. 
Records. 
Deadline. 
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122 STAT. 2444 
PUBLIC LAW 110–261—JULY 10, 2008 
if the Court is conducting or has completed review of such 
certification or such procedures, and shall submit the 
amended certification or amended procedures to the Court 
not later than 7 days after amending such certification 
or such procedures. The Court shall review any amendment 
under this subparagraph under the procedures set forth 
in this subsection. The Attorney General and the Director 
of National Intelligence may authorize the use of an 
amended certification or amended procedures pending the 
Court’s review of such amended certification or amended 
procedures. 
‘‘(2) REVIEW.—The Court shall review the following: 
‘‘(A) CERTIFICATION.—A certification submitted in 
accordance with subsection (g) to determine whether the 
certification contains all the required elements. 
‘‘(B) TARGETING
PROCEDURES.—The targeting proce-
dures adopted in accordance with subsection (d) to assess 
whether the procedures are reasonably designed to— 
‘‘(i) ensure that an acquisition authorized under 
subsection (a) is limited to targeting persons reason-
ably believed to be located outside the United States; 
and 
‘‘(ii) prevent the intentional acquisition of any 
communication as to which the sender and all intended 
recipients are known at the time of the acquisition 
to be located in the United States. 
‘‘(C) MINIMIZATION
PROCEDURES.—The minimization 
procedures adopted in accordance with subsection (e) to 
assess whether such procedures meet the definition of mini-
mization procedures under section 101(h) or section 301(4), 
as appropriate. 
‘‘(3) ORDERS.— 
‘‘(A) APPROVAL.—If the Court finds that a certification 
submitted in accordance with subsection (g) contains all 
the required elements and that the targeting and minimiza-
tion procedures adopted in accordance with subsections 
(d) and (e) are consistent with the requirements of those 
subsections and with the fourth amendment to the Con-
stitution of the United States, the Court shall enter an 
order approving the certification and the use, or continued 
use in the case of an acquisition authorized pursuant to 
a determination under subsection (c)(2), of the procedures 
for the acquisition. 
‘‘(B) CORRECTION OF DEFICIENCIES.—If the Court finds 
that a certification submitted in accordance with subsection 
(g) does not contain all the required elements, or that 
the procedures adopted in accordance with subsections (d) 
and (e) are not consistent with the requirements of those 
subsections or the fourth amendment to the Constitution 
of the United States, the Court shall issue an order 
directing the Government to, at the Government’s election 
and to the extent required by the Court’s order— 
‘‘(i) correct any deficiency identified by the Court’s 
order not later than 30 days after the date on which 
the Court issues the order; or 
Deadline. 
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122 STAT. 2445 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(ii) cease, or not begin, the implementation of 
the authorization for which such certification was sub-
mitted. 
‘‘(C) REQUIREMENT FOR WRITTEN STATEMENT.—In sup-
port of an order under this subsection, the Court shall 
provide, simultaneously with the order, for the record a 
written statement of the reasons for the order. 
‘‘(4) APPEAL.— 
‘‘(A) APPEAL TO THE COURT OF REVIEW.—The Govern-
ment may file a petition with the Foreign Intelligence 
Surveillance Court of Review for review of an order under 
this subsection. The Court of Review shall have jurisdiction 
to consider such petition. For any decision under this 
subparagraph affirming, reversing, or modifying an order 
of the Foreign Intelligence Surveillance Court, the Court 
of Review shall provide for the record a written statement 
of the reasons for the decision. 
‘‘(B) 
CONTINUATION
OF
ACQUISITION
PENDING 
REHEARING
OR
APPEAL.—Any acquisition affected by an 
order under paragraph (3)(B) may continue— 
‘‘(i) during the pendency of any rehearing of the 
order by the Court en banc; and 
‘‘(ii) if the Government files a petition for review 
of an order under this section, until the Court of 
Review enters an order under subparagraph (C). 
‘‘(C) IMPLEMENTATION
PENDING
APPEAL.—Not later 
than 60 days after the filing of a petition for review of 
an order under paragraph (3)(B) directing the correction 
of a deficiency, the Court of Review shall determine, and 
enter a corresponding order regarding, whether all or any 
part of the correction order, as issued or modified, shall 
be implemented during the pendency of the review. 
‘‘(D) CERTIORARI TO THE SUPREME COURT.—The Govern-
ment may file a petition for a writ of certiorari for review 
of a decision of the Court of Review issued under subpara-
graph (A). The record for such review shall be transmitted 
under seal to the Supreme Court of the United States, 
which shall have jurisdiction to review such decision. 
‘‘(5) SCHEDULE.— 
‘‘(A) 
REAUTHORIZATION
OF
AUTHORIZATIONS
IN 
EFFECT.—If the Attorney General and the Director of 
National Intelligence seek to reauthorize or replace an 
authorization issued under subsection (a), the Attorney 
General and the Director of National Intelligence shall, 
to the extent practicable, submit to the Court the certifi-
cation prepared in accordance with subsection (g) and the 
procedures adopted in accordance with subsections (d) and 
(e) at least 30 days prior to the expiration of such authoriza-
tion. 
‘‘(B) REAUTHORIZATION
OF
ORDERS, AUTHORIZATIONS, 
AND DIRECTIVES.—If the Attorney General and the Director 
of National Intelligence seek to reauthorize or replace an 
authorization issued under subsection (a) by filing a certifi-
cation pursuant to subparagraph (A), that authorization, 
and any directives issued thereunder and any order related 
thereto, shall remain in effect, notwithstanding the expira-
tion provided for in subsection (a), until the Court issues 
Applicability. 
Deadline. 
Records. 
Deadline. 
Records. 
Records. 
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122 STAT. 2446 
PUBLIC LAW 110–261—JULY 10, 2008 
an order with respect to such certification under paragraph 
(3) at which time the provisions of that paragraph and 
paragraph (4) shall apply with respect to such certification. 
‘‘(j) JUDICIAL PROCEEDINGS.— 
‘‘(1) EXPEDITED
JUDICIAL
PROCEEDINGS.—Judicial pro-
ceedings under this section shall be conducted as expeditiously 
as possible. 
‘‘(2) TIME LIMITS.—A time limit for a judicial decision in 
this section shall apply unless the Court, the Court of Review, 
or any judge of either the Court or the Court of Review, by 
order for reasons stated, extends that time as necessary for 
good cause in a manner consistent with national security. 
‘‘(k) MAINTENANCE
AND
SECURITY
OF
RECORDS
AND
PRO-
CEEDINGS.— 
‘‘(1) STANDARDS.—The Foreign Intelligence Surveillance 
Court shall maintain a record of a proceeding under this section, 
including petitions, appeals, orders, and statements of reasons 
for a decision, under security measures adopted by the Chief 
Justice of the United States, in consultation with the Attorney 
General and the Director of National Intelligence. 
‘‘(2) FILING AND REVIEW.—All petitions under this section 
shall be filed under seal. In any proceedings under this section, 
the Court shall, upon request of the Government, review ex 
parte and in camera any Government submission, or portions 
of a submission, which may include classified information. 
‘‘(3) RETENTION OF RECORDS.—The Attorney General and 
the Director of National Intelligence shall retain a directive 
or an order issued under this section for a period of not less 
than 10 years from the date on which such directive or such 
order is issued. 
‘‘(l) ASSESSMENTS AND REVIEWS.— 
‘‘(1) SEMIANNUAL ASSESSMENT.—Not less frequently than 
once every 6 months, the Attorney General and Director of 
National Intelligence shall assess compliance with the targeting 
and minimization procedures adopted in accordance with sub-
sections (d) and (e) and the guidelines adopted in accordance 
with subsection (f) and shall submit each assessment to— 
‘‘(A) the Foreign Intelligence Surveillance Court; and 
‘‘(B) consistent with the Rules of the House of Rep-
resentatives, the Standing Rules of the Senate, and Senate 
Resolution 400 of the 94th Congress or any successor 
Senate resolution— 
‘‘(i) the congressional intelligence committees; and 
‘‘(ii) the Committees on the Judiciary of the House 
of Representatives and the Senate. 
‘‘(2) AGENCY ASSESSMENT.—The Inspector General of the 
Department of Justice and the Inspector General of each ele-
ment of the intelligence community authorized to acquire for-
eign intelligence information under subsection (a), with respect 
to the department or element of such Inspector General— 
‘‘(A) are authorized to review compliance with the tar-
geting and minimization procedures adopted in accordance 
with subsections (d) and (e) and the guidelines adopted 
in accordance with subsection (f); 
‘‘(B) with respect to acquisitions authorized under sub-
section (a), shall review the number of disseminated intel-
ligence reports containing a reference to a United States- 
Deadlines. 
Applicability. 
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122 STAT. 2447 
PUBLIC LAW 110–261—JULY 10, 2008 
person identity and the number of United States-person 
identities subsequently disseminated by the element con-
cerned in response to requests for identities that were 
not referred to by name or title in the original reporting; 
‘‘(C) with respect to acquisitions authorized under sub-
section (a), shall review the number of targets that were 
later determined to be located in the United States and, 
to the extent possible, whether communications of such 
targets were reviewed; and 
‘‘(D) shall provide each such review to— 
‘‘(i) the Attorney General; 
‘‘(ii) the Director of National Intelligence; and 
‘‘(iii) consistent with 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— 
‘‘(I) the congressional intelligence committees; 
and 
‘‘(II) the Committees on the Judiciary of the 
House of Representatives and the Senate. 
‘‘(3) ANNUAL REVIEW.— 
‘‘(A) REQUIREMENT
TO
CONDUCT.—The head of each 
element of the intelligence community conducting an 
acquisition authorized under subsection (a) shall conduct 
an annual review to determine whether there is reason 
to believe that foreign intelligence information has been 
or will be obtained from the acquisition. The annual review 
shall provide, with respect to acquisitions authorized under 
subsection (a)— 
‘‘(i) an accounting of the number of disseminated 
intelligence reports containing a reference to a United 
States-person identity; 
‘‘(ii) an accounting of the number of United States- 
person identities subsequently disseminated by that 
element in response to requests for identities that were 
not referred to by name or title in the original 
reporting; 
‘‘(iii) the number of targets that were later deter-
mined to be located in the United States and, to the 
extent possible, whether communications of such tar-
gets were reviewed; and 
‘‘(iv) a description of any procedures developed by 
the head of such element of the intelligence community 
and approved by the Director of National Intelligence 
to assess, in a manner consistent with national secu-
rity, 
operational 
requirements 
and 
the 
privacy 
interests of United States persons, the extent to which 
the acquisitions authorized under subsection (a) 
acquire the communications of United States persons, 
and the results of any such assessment. 
‘‘(B) USE OF REVIEW.—The head of each element of 
the intelligence community that conducts an annual review 
under subparagraph (A) shall use each such review to 
evaluate the adequacy of the minimization procedures uti-
lized by such element and, as appropriate, the application 
of the minimization procedures to a particular acquisition 
authorized under subsection (a). 
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122 STAT. 2448 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(C) PROVISION OF REVIEW.—The head of each element 
of the intelligence community that conducts an annual 
review under subparagraph (A) shall provide such review 
to— 
‘‘(i) the Foreign Intelligence Surveillance Court; 
‘‘(ii) the Attorney General; 
‘‘(iii) the Director of National Intelligence; and 
‘‘(iv) consistent with 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— 
‘‘(I) the congressional intelligence committees; 
and 
‘‘(II) the Committees on the Judiciary of the 
House of Representatives and the Senate. 
‘‘SEC. 703. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TAR-
GETING UNITED STATES PERSONS OUTSIDE THE UNITED 
STATES. 
‘‘(a) JURISDICTION
OF
THE FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT.— 
‘‘(1) IN
GENERAL.—The Foreign Intelligence Surveillance 
Court shall have jurisdiction to review an application and to 
enter an order approving the targeting of a United States 
person reasonably believed to be located outside the United 
States to acquire foreign intelligence information, if the acquisi-
tion constitutes electronic surveillance or the acquisition of 
stored electronic communications or stored electronic data that 
requires an order under this Act, and such acquisition is con-
ducted within the United States. 
‘‘(2) LIMITATION.—If a United States person targeted under 
this subsection is reasonably believed to be located in the 
United States during the effective period of an order issued 
pursuant to subsection (c), an acquisition targeting such United 
States person under this section shall cease unless the targeted 
United States person is again reasonably believed to be located 
outside the United States while an order issued pursuant to 
subsection (c) is in effect. Nothing in this section shall be 
construed to limit the authority of the Government to seek 
an order or authorization under, or otherwise engage in any 
activity that is authorized under, any other title of this Act. 
‘‘(b) APPLICATION.— 
‘‘(1) IN
GENERAL.—Each application for an order under 
this section shall be made by a Federal officer in writing 
upon oath or affirmation to a judge having jurisdiction under 
subsection (a)(1). Each application shall require the approval 
of the Attorney General based upon the Attorney General’s 
finding that it satisfies the criteria and requirements of such 
application, as set forth in this section, and shall include— 
‘‘(A) the identity of the Federal officer making the 
application; 
‘‘(B) the identity, if known, or a description of the 
United States person who is the target of the acquisition; 
‘‘(C) a statement of the facts and circumstances relied 
upon to justify the applicant’s belief that the United States 
person who is the target of the acquisition is— 
50 USC 1881b. 
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122 STAT. 2449 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(i) a person reasonably believed to be located out-
side the United States; and 
‘‘(ii) a foreign power, an agent of a foreign power, 
or an officer or employee of a foreign power; 
‘‘(D) a statement of proposed minimization procedures 
that meet the definition of minimization procedures under 
section 101(h) or 301(4), as appropriate; 
‘‘(E) a description of the nature of the information 
sought and the type of communications or activities to 
be subjected to acquisition; 
‘‘(F) a certification made by the Attorney General or 
an official specified in section 104(a)(6) that— 
‘‘(i) the certifying official deems the information 
sought to be foreign intelligence information; 
‘‘(ii) a significant purpose of the acquisition is to 
obtain foreign intelligence information; 
‘‘(iii) such information cannot reasonably be 
obtained by normal investigative techniques; 
‘‘(iv) designates the type of foreign intelligence 
information being sought according to the categories 
described in section 101(e); and 
‘‘(v) includes a statement of the basis for the certifi-
cation that— 
‘‘(I) the information sought is the type of for-
eign intelligence information designated; and 
‘‘(II) such information cannot reasonably be 
obtained by normal investigative techniques; 
‘‘(G) a summary statement of the means by which 
the acquisition will be conducted and whether physical 
entry is required to effect the acquisition; 
‘‘(H) the identity of any electronic communication 
service provider necessary to effect the acquisition, provided 
that the application is not required to identify the specific 
facilities, places, premises, or property at which the acquisi-
tion authorized under this section will be directed or con-
ducted; 
‘‘(I) a statement of the facts concerning any previous 
applications that have been made to any judge of the 
Foreign Intelligence Surveillance Court involving the 
United States person specified in the application and the 
action taken on each previous application; and 
‘‘(J) a statement of the period of time for which the 
acquisition is required to be maintained, provided that 
such period of time shall not exceed 90 days per application. 
‘‘(2) OTHER REQUIREMENTS OF THE ATTORNEY GENERAL.— 
The Attorney General may require any other affidavit or certifi-
cation from any other officer in connection with the application. 
‘‘(3) OTHER REQUIREMENTS OF THE JUDGE.—The judge may 
require the applicant to furnish such other information as 
may be necessary to make the findings required by subsection 
(c)(1). 
‘‘(c) ORDER.— 
‘‘(1) FINDINGS.—Upon an application made pursuant to sub-
section (b), the Foreign Intelligence Surveillance Court shall 
enter an ex parte order as requested or as modified by the 
Court approving the acquisition if the Court finds that— 
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122 STAT. 2450 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(A) the application has been made by a Federal officer 
and approved by the Attorney General; 
‘‘(B) on the basis of the facts submitted by the 
applicant, for the United States person who is the target 
of the acquisition, there is probable cause to believe that 
the target is— 
‘‘(i) a person reasonably believed to be located out-
side the United States; and 
‘‘(ii) a foreign power, an agent of a foreign power, 
or an officer or employee of a foreign power; 
‘‘(C) the proposed minimization procedures meet the 
definition of minimization procedures under section 101(h) 
or 301(4), as appropriate; and 
‘‘(D) the application that has been filed contains all 
statements and certifications required by subsection (b) 
and the certification or certifications are not clearly erro-
neous on the basis of the statement made under subsection 
(b)(1)(F)(v) and any other information furnished under sub-
section (b)(3). 
‘‘(2) PROBABLE
CAUSE.—In determining whether or not 
probable cause exists for purposes of paragraph (1)(B), a judge 
having jurisdiction under subsection (a)(1) may consider past 
activities of the target and facts and circumstances relating 
to current or future activities of the target. No United States 
person may be considered a foreign power, agent of a foreign 
power, or officer or employee of a foreign power solely upon 
the basis of activities protected by the first amendment to 
the Constitution of the United States. 
‘‘(3) REVIEW.— 
‘‘(A) LIMITATION ON REVIEW.—Review by a judge having 
jurisdiction under subsection (a)(1) shall be limited to that 
required to make the findings described in paragraph (1). 
‘‘(B) REVIEW OF PROBABLE CAUSE.—If the judge deter-
mines that the facts submitted under subsection (b) are 
insufficient to establish probable cause under paragraph 
(1)(B), the judge shall enter an order so stating and provide 
a written statement for the record of the reasons for the 
determination. The Government may appeal an order under 
this subparagraph pursuant to subsection (f). 
‘‘(C) REVIEW
OF
MINIMIZATION
PROCEDURES.—If the 
judge determines that the proposed minimization proce-
dures referred to in paragraph (1)(C) do not meet the 
definition of minimization procedures under section 101(h) 
or 301(4), as appropriate, the judge shall enter an order 
so stating and provide a written statement for the record 
of the reasons for the determination. The Government may 
appeal an order under this subparagraph pursuant to sub-
section (f). 
‘‘(D) REVIEW OF CERTIFICATION.—If the judge deter-
mines that an application pursuant to subsection (b) does 
not contain all of the required elements, or that the certifi-
cation or certifications are clearly erroneous on the basis 
of the statement made under subsection (b)(1)(F)(v) and 
any other information furnished under subsection (b)(3), 
the judge shall enter an order so stating and provide a 
written statement for the record of the reasons for the 
Records. 
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122 STAT. 2451 
PUBLIC LAW 110–261—JULY 10, 2008 
determination. The Government may appeal an order under 
this subparagraph pursuant to subsection (f). 
‘‘(4) SPECIFICATIONS.—An order approving an acquisition 
under this subsection shall specify— 
‘‘(A) the identity, if known, or a description of the 
United States person who is the target of the acquisition 
identified or described in the application pursuant to sub-
section (b)(1)(B); 
‘‘(B) if provided in the application pursuant to sub-
section (b)(1)(H), the nature and location of each of the 
facilities or places at which the acquisition will be directed; 
‘‘(C) the nature of the information sought to be acquired 
and the type of communications or activities to be subjected 
to acquisition; 
‘‘(D) a summary of the means by which the acquisition 
will be conducted and whether physical entry is required 
to effect the acquisition; and 
‘‘(E) the period of time during which the acquisition 
is approved. 
‘‘(5) DIRECTIVES.—An order approving an acquisition under 
this subsection shall direct— 
‘‘(A) that the minimization procedures referred to in 
paragraph (1)(C), as approved or modified by the Court, 
be followed; 
‘‘(B) if applicable, an electronic communication service 
provider to provide to the Government forthwith all 
information, facilities, or assistance necessary to accom-
plish the acquisition authorized under such order in a 
manner that will protect the secrecy of the acquisition 
and produce a minimum of interference with the services 
that such electronic communication service provider is pro-
viding to the target of the acquisition; 
‘‘(C) if applicable, an electronic communication service 
provider to maintain under security procedures approved 
by the Attorney General any records concerning the acquisi-
tion or the aid furnished that such electronic communica-
tion service provider wishes to maintain; and 
‘‘(D) if applicable, that the Government compensate, 
at the prevailing rate, such electronic communication 
service provider for providing such information, facilities, 
or assistance. 
‘‘(6) DURATION.—An order approved under this subsection 
shall be effective for a period not to exceed 90 days and such 
order may be renewed for additional 90-day periods upon 
submission of renewal applications meeting the requirements 
of subsection (b). 
‘‘(7) COMPLIANCE.—At or prior to the end of the period 
of time for which an acquisition is approved by an order or 
extension under this section, the judge may assess compliance 
with the minimization procedures referred to in paragraph 
(1)(C) by reviewing the circumstances under which information 
concerning United States persons was acquired, retained, or 
disseminated. 
‘‘(d) EMERGENCY AUTHORIZATION.— 
‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZATION.—Notwith-
standing any other provision of this Act, if the Attorney General 
reasonably determines that— 
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122 STAT. 2452 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(A) an emergency situation exists with respect to the 
acquisition of foreign intelligence information for which 
an order may be obtained under subsection (c) before an 
order authorizing such acquisition can with due diligence 
be obtained, and 
‘‘(B) the factual basis for issuance of an order under 
this subsection to approve such acquisition exists, 
the Attorney General may authorize such acquisition if a judge 
having jurisdiction under subsection (a)(1) is informed by the 
Attorney General, or a designee of the Attorney General, at 
the time of such authorization that the decision has been made 
to conduct such acquisition and if an application in accordance 
with this section is made to a judge of the Foreign Intelligence 
Surveillance Court as soon as practicable, but not more than 
7 days after the Attorney General authorizes such acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the Attorney General 
authorizes an acquisition under paragraph (1), the Attorney 
General shall require that the minimization procedures referred 
to in subsection (c)(1)(C) for the issuance of a judicial order 
be followed. 
‘‘(3) TERMINATION OF EMERGENCY AUTHORIZATION.—In the 
absence of a judicial order approving an acquisition under 
paragraph (1), such acquisition 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) USE OF INFORMATION.—If an application for approval 
submitted pursuant to paragraph (1) is denied, or in any other 
case where the acquisition is terminated and no order is issued 
approving the acquisition, no information obtained or evidence 
derived from such acquisition, except under circumstances in 
which the target of the acquisition is determined not to be 
a United States person, shall be received in evidence or other-
wise disclosed in any trial, hearing, or other proceeding 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 acquisition shall subsequently be used or 
disclosed in any other manner 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. 
‘‘(e) RELEASE FROM LIABILITY.—No cause of action shall lie 
in any court against any electronic communication service provider 
for providing any information, facilities, or assistance in accordance 
with an order or request for emergency assistance issued pursuant 
to subsection (c) or (d), respectively. 
‘‘(f) APPEAL.— 
‘‘(1) APPEAL TO THE FOREIGN INTELLIGENCE SURVEILLANCE 
COURT OF REVIEW.—The Government may file a petition with 
the Foreign Intelligence Surveillance Court of Review for review 
of an order issued pursuant to subsection (c). The Court of 
Review shall have jurisdiction to consider such petition and 
shall provide a written statement for the record of the reasons 
for a decision under this paragraph. 
Records. 
Deadline. 
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122 STAT. 2453 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(2) CERTIORARI TO THE SUPREME COURT.—The Government 
may file a petition for a writ of certiorari for review of a 
decision of the Court of Review issued under paragraph (1). 
The record for such review shall be transmitted under seal 
to the Supreme Court of the United States, which shall have 
jurisdiction to review such decision. 
‘‘(g) CONSTRUCTION.—Except as provided in this section, nothing 
in this Act shall be construed to require an application for a court 
order for an acquisition that is targeted in accordance with this 
section at a United States person reasonably believed to be located 
outside the United States. 
‘‘SEC. 704. OTHER ACQUISITIONS TARGETING UNITED STATES PER-
SONS OUTSIDE THE UNITED STATES. 
‘‘(a) JURISDICTION AND SCOPE.— 
‘‘(1) JURISDICTION.—The Foreign Intelligence Surveillance 
Court shall have jurisdiction to enter an order pursuant to 
subsection (c). 
‘‘(2) SCOPE.—No element of the intelligence community may 
intentionally target, for the purpose of acquiring foreign intel-
ligence information, a United States person reasonably believed 
to be located outside the United States under circumstances 
in which the targeted United States person has a reasonable 
expectation of privacy and a warrant would be required if 
the acquisition were conducted inside the United States for 
law enforcement purposes, unless a judge of the Foreign Intel-
ligence Surveillance Court has entered an order with respect 
to such targeted United States person or the Attorney General 
has authorized an emergency acquisition pursuant to subsection 
(c) or (d), respectively, or any other provision of this Act. 
‘‘(3) LIMITATIONS.— 
‘‘(A) MOVING OR MISIDENTIFIED TARGETS.—If a United 
States person targeted under this subsection is reasonably 
believed to be located in the United States during the 
effective period of an order issued pursuant to subsection 
(c), an acquisition targeting such United States person 
under this section shall cease unless the targeted United 
States person is again reasonably believed to be located 
outside the United States during the effective period of 
such order. 
‘‘(B) APPLICABILITY.—If an acquisition for foreign intel-
ligence purposes is to be conducted inside the United States 
and could be authorized under section 703, the acquisition 
may only be conducted if authorized under section 703 
or in accordance with another provision of this Act other 
than this section. 
‘‘(C) CONSTRUCTION.—Nothing in this paragraph shall 
be construed to limit the authority of the Government 
to seek an order or authorization under, or otherwise 
engage in any activity that is authorized under, any other 
title of this Act. 
‘‘(b) APPLICATION.—Each application for an order under this 
section shall be made by a Federal officer in writing upon oath 
or affirmation to a judge having jurisdiction under subsection (a)(1). 
Each application shall require the approval of the Attorney General 
based upon the Attorney General’s finding that it satisfies the 
50 USC 1881c. 
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122 STAT. 2454 
PUBLIC LAW 110–261—JULY 10, 2008 
criteria and requirements of such application as set forth in this 
section and shall include— 
‘‘(1) the identity of the Federal officer making the applica-
tion; 
‘‘(2) the identity, if known, or a description of the specific 
United States person who is the target of the acquisition; 
‘‘(3) a statement of the facts and circumstances relied upon 
to justify the applicant’s belief that the United States person 
who is the target of the acquisition is— 
‘‘(A) a person reasonably believed to be located outside 
the United States; and 
‘‘(B) a foreign power, an agent of a foreign power, 
or an officer or employee of a foreign power; 
‘‘(4) a statement of proposed minimization procedures that 
meet the definition of minimization procedures under section 
101(h) or 301(4), as appropriate; 
‘‘(5) a certification made by the Attorney General, an official 
specified in section 104(a)(6), or the head of an element of 
the intelligence community that— 
‘‘(A) the certifying official deems the information sought 
to be foreign intelligence information; and 
‘‘(B) a significant purpose of the acquisition is to obtain 
foreign intelligence information; 
‘‘(6) a statement of the facts concerning any previous 
applications that have been made to any judge of the Foreign 
Intelligence Surveillance Court involving the United States per-
son specified in the application and the action taken on each 
previous application; and 
‘‘(7) a statement of the period of time for which the acquisi-
tion is required to be maintained, provided that such period 
of time shall not exceed 90 days per application. 
‘‘(c) ORDER.— 
‘‘(1) FINDINGS.—Upon an application made pursuant to sub-
section (b), the Foreign Intelligence Surveillance Court shall 
enter an ex parte order as requested or as modified by the 
Court if the Court finds that— 
‘‘(A) the application has been made by a Federal officer 
and approved by the Attorney General; 
‘‘(B) on the basis of the facts submitted by the 
applicant, for the United States person who is the target 
of the acquisition, there is probable cause to believe that 
the target is— 
‘‘(i) a person reasonably believed to be located out-
side the United States; and 
‘‘(ii) a foreign power, an agent of a foreign power, 
or an officer or employee of a foreign power; 
‘‘(C) the proposed minimization procedures, with 
respect to their dissemination provisions, meet the defini-
tion of minimization procedures under section 101(h) or 
301(4), as appropriate; and 
‘‘(D) the application that has been filed contains all 
statements and certifications required by subsection (b) 
and the certification provided under subsection (b)(5) is 
not clearly erroneous on the basis of the information fur-
nished under subsection (b). 
‘‘(2) PROBABLE
CAUSE.—In determining whether or not 
probable cause exists for purposes of paragraph (1)(B), a judge 
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122 STAT. 2455 
PUBLIC LAW 110–261—JULY 10, 2008 
having jurisdiction under subsection (a)(1) may consider past 
activities of the target and facts and circumstances relating 
to current or future activities of the target. No United States 
person may be considered a foreign power, agent of a foreign 
power, or officer or employee of a foreign power solely upon 
the basis of activities protected by the first amendment to 
the Constitution of the United States. 
‘‘(3) REVIEW.— 
‘‘(A) LIMITATIONS
ON
REVIEW.—Review by a judge 
having jurisdiction under subsection (a)(1) shall be limited 
to that required to make the findings described in para-
graph (1). The judge shall not have jurisdiction to review 
the means by which an acquisition under this section may 
be conducted. 
‘‘(B) REVIEW OF PROBABLE CAUSE.—If the judge deter-
mines that the facts submitted under subsection (b) are 
insufficient to establish probable cause to issue an order 
under this subsection, the judge shall enter an order so 
stating and provide a written statement for the record 
of the reasons for such determination. The Government 
may appeal an order under this subparagraph pursuant 
to subsection (e). 
‘‘(C) REVIEW
OF
MINIMIZATION
PROCEDURES.—If the 
judge 
determines 
that 
the 
minimization 
procedures 
applicable to dissemination of information obtained through 
an acquisition under this subsection do not meet the defini-
tion of minimization procedures under section 101(h) or 
301(4), as appropriate, the judge shall enter an order so 
stating and provide a written statement for the record 
of the reasons for such determination. The Government 
may appeal an order under this subparagraph pursuant 
to subsection (e). 
‘‘(D) SCOPE OF REVIEW OF CERTIFICATION.—If the judge 
determines that an application under subsection (b) does 
not contain all the required elements, or that the certifi-
cation provided under subsection (b)(5) is clearly erroneous 
on the basis of the information furnished under subsection 
(b), the judge shall enter an order so stating and provide 
a written statement for the record of the reasons for such 
determination. The Government may appeal an order under 
this subparagraph pursuant to subsection (e). 
‘‘(4) DURATION.—An order under this paragraph shall be 
effective for a period not to exceed 90 days and such order 
may be renewed for additional 90-day periods upon submission 
of renewal applications meeting the requirements of subsection 
(b). 
‘‘(5) COMPLIANCE.—At or prior to the end of the period 
of time for which an order or extension is granted under this 
section, the judge may assess compliance with the minimization 
procedures referred to in paragraph (1)(C) by reviewing the 
circumstances under which information concerning United 
States persons was disseminated, provided that the judge may 
not inquire into the circumstances relating to the conduct of 
the acquisition. 
‘‘(d) EMERGENCY AUTHORIZATION.— 
Records. 
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122 STAT. 2456 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZATION.—Notwith-
standing any other provision of this section, if the Attorney 
General reasonably determines that— 
‘‘(A) an emergency situation exists with respect to the 
acquisition of foreign intelligence information for which 
an order may be obtained under subsection (c) before an 
order under that subsection can, with due diligence, be 
obtained, and 
‘‘(B) the factual basis for the issuance of an order 
under this section exists, 
the Attorney General may authorize the emergency acquisition 
if a judge having jurisdiction under subsection (a)(1) is informed 
by the Attorney General or a designee of the Attorney General 
at the time of such authorization that the decision has been 
made to conduct such acquisition and if an application in 
accordance with this section is made to a judge of the Foreign 
Intelligence Surveillance Court as soon as practicable, but not 
more than 7 days after the Attorney General authorizes such 
acquisition. 
‘‘(2) MINIMIZATION PROCEDURES.—If the Attorney General 
authorizes an emergency acquisition under paragraph (1), the 
Attorney General shall require that the minimization proce-
dures referred to in subsection (c)(1)(C) be followed. 
‘‘(3) TERMINATION OF EMERGENCY AUTHORIZATION.—In the 
absence of an order under subsection (c), an emergency acquisi-
tion under paragraph (1) shall terminate when the information 
sought is obtained, if 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) USE
OF
INFORMATION.—If an application submitted 
to the Court pursuant to paragraph (1) is denied, or in any 
other case where the acquisition is terminated and no order 
with respect to the target of the acquisition is issued under 
subsection (c), no information obtained or evidence derived 
from such acquisition, except under circumstances in which 
the target of the acquisition is determined not to be a United 
States person, shall be received in evidence or otherwise dis-
closed in any trial, hearing, or other proceeding 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 informa-
tion concerning any United States person acquired from such 
acquisition shall subsequently be used or disclosed in any other 
manner 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. 
‘‘(e) APPEAL.— 
‘‘(1) APPEAL TO THE COURT OF REVIEW.—The Government 
may file a petition with the Foreign Intelligence Surveillance 
Court of Review for review of an order issued pursuant to 
subsection (c). The Court of Review shall have jurisdiction 
to consider such petition and shall provide a written statement 
for the record of the reasons for a decision under this paragraph. 
‘‘(2) CERTIORARI TO THE SUPREME COURT.—The Government 
may file a petition for a writ of certiorari for review of a 
decision of the Court of Review issued under paragraph (1). 
Records. 
Deadline. 
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122 STAT. 2457 
PUBLIC LAW 110–261—JULY 10, 2008 
The record for such review shall be transmitted under seal 
to the Supreme Court of the United States, which shall have 
jurisdiction to review such decision.’’ 
‘‘SEC. 705. JOINT APPLICATIONS AND CONCURRENT AUTHORIZATIONS. 
‘‘(a) JOINT APPLICATIONS AND ORDERS.—If an acquisition tar-
geting a United States person under section 703 or 704 is proposed 
to be conducted both inside and outside the United States, a judge 
having jurisdiction under section 703(a)(1) or 704(a)(1) may issue 
simultaneously, upon the request of the Government in a joint 
application complying with the requirements of sections 703(b) and 
704(b), orders under sections 703(c) and 704(c), as appropriate. 
‘‘(b) CONCURRENT AUTHORIZATION.—If an order authorizing 
electronic surveillance or physical search has been obtained under 
section 105 or 304, the Attorney General may authorize, for the 
effective period of that order, without an order under section 703 
or 704, the targeting of that United States person for the purpose 
of acquiring foreign intelligence information while such person is 
reasonably believed to be located outside the United States. 
‘‘SEC. 706. USE OF INFORMATION ACQUIRED UNDER TITLE VII. 
‘‘(a) INFORMATION ACQUIRED UNDER SECTION 702.—Information 
acquired from an acquisition conducted under section 702 shall 
be deemed to be information acquired from an electronic surveil-
lance pursuant to title I for purposes of section 106, except for 
the purposes of subsection (j) of such section. 
‘‘(b) INFORMATION ACQUIRED UNDER SECTION 703.—Information 
acquired from an acquisition conducted under section 703 shall 
be deemed to be information acquired from an electronic surveil-
lance pursuant to title I for purposes of section 106. 
‘‘SEC. 707. CONGRESSIONAL OVERSIGHT. 
‘‘(a) SEMIANNUAL REPORT.—Not less frequently than once every 
6 months, the Attorney General shall fully inform, in a manner 
consistent with national security, the congressional intelligence 
committees and the Committees on the Judiciary of the Senate 
and the House of Representatives, consistent with 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, concerning the implementation of this title. 
‘‘(b) CONTENT.—Each report under subsection (a) shall include— 
‘‘(1) with respect to section 702— 
‘‘(A) any certifications submitted in accordance with 
section 702(g) during the reporting period; 
‘‘(B) with respect to each determination under section 
702(c)(2), the reasons for exercising the authority under 
such section; 
‘‘(C) any directives issued under section 702(h) during 
the reporting period; 
‘‘(D) a description of the judicial review during the 
reporting period of such certifications and targeting and 
minimization procedures adopted in accordance with sub-
sections (d) and (e) of section 702 and utilized with respect 
to an acquisition under such section, including a copy of 
an order or pleading in connection with such review that 
contains a significant legal interpretation of the provisions 
of section 702; 
50 USC 1881f. 
50 USC 1881e. 
50 USC 1881d. 
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122 STAT. 2458 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(E) any actions taken to challenge or enforce a direc-
tive under paragraph (4) or (5) of section 702(h); 
‘‘(F) any compliance reviews conducted by the Attorney 
General or the Director of National Intelligence of acquisi-
tions authorized under section 702(a); 
‘‘(G) a description of any incidents of noncompliance— 
‘‘(i) with a directive issued by the Attorney General 
and the Director of National Intelligence under section 
702(h), including incidents of noncompliance by a speci-
fied person to whom the Attorney General and Director 
of National Intelligence issued a directive under section 
702(h); and 
‘‘(ii) by an element of the intelligence community 
with procedures and guidelines adopted in accordance 
with subsections (d), (e), and (f) of section 702; and 
‘‘(H) any procedures implementing section 702; 
‘‘(2) with respect to section 703— 
‘‘(A) the total number of applications made for orders 
under section 703(b); 
‘‘(B) the total number of such orders— 
‘‘(i) granted; 
‘‘(ii) modified; and 
‘‘(iii) denied; and 
‘‘(C) the total number of emergency acquisitions author-
ized by the Attorney General under section 703(d) and 
the total number of subsequent orders approving or denying 
such acquisitions; and 
‘‘(3) with respect to section 704— 
‘‘(A) the total number of applications made for orders 
under section 704(b); 
‘‘(B) the total number of such orders— 
‘‘(i) granted; 
‘‘(ii) modified; and 
‘‘(iii) denied; and 
‘‘(C) the total number of emergency acquisitions author-
ized by the Attorney General under section 704(d) and 
the total number of subsequent orders approving or denying 
such applications. 
‘‘SEC. 708. SAVINGS PROVISION. 
‘‘Nothing in this title shall be construed to limit the authority 
of the Government to seek an order or authorization under, or 
otherwise engage in any activity that is authorized under, any 
other title of this Act.’’. 
(b) TABLE OF CONTENTS.—The table of contents in the first 
section of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended— 
(1) by striking the item relating to title VII; 
(2) by striking the item relating to section 701; and 
(3) by adding at the end the following: 
‘‘TITLE VII—ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS 
OUTSIDE THE UNITED STATES 
‘‘Sec. 701. Definitions. 
‘‘Sec. 702. Procedures for targeting certain persons outside the United States other 
than United States persons. 
‘‘Sec. 703. Certain acquisitions inside the United States targeting United States 
persons outside the United States. 
50 USC 1881g. 
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122 STAT. 2459 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘Sec. 704. Other acquisitions targeting United States persons outside the United 
States. 
‘‘Sec. 705. Joint applications and concurrent authorizations. 
‘‘Sec. 706. Use of information acquired under title VII. 
‘‘Sec. 707. Congressional oversight. 
‘‘Sec. 708. Savings provision.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 18, UNITED STATES CODE.—Section 2511(2)(a)(ii)(A) 
of title 18, United States Code, is amended by inserting ‘‘or 
a court order pursuant to section 704 of the Foreign Intelligence 
Surveillance Act of 1978’’ after ‘‘assistance’’. 
(2) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.— 
Section 601(a)(1) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1871(a)(1)) is amended— 
(A) in subparagraph (C), by striking ‘‘and’’; and 
(B) by adding at the end the following new subpara-
graphs: 
‘‘(E) acquisitions under section 703; and 
‘‘(F) acquisitions under section 704;’’. 
SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC 
SURVEILLANCE AND INTERCEPTION OF CERTAIN COMMU-
NICATIONS MAY BE CONDUCTED. 
(a) STATEMENT OF EXCLUSIVE MEANS.—Title I of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by adding at the end the following new section: 
‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEIL-
LANCE AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE 
CONDUCTED 
‘‘SEC. 112. (a) Except as provided in subsection (b), the proce-
dures of chapters 119, 121, and 206 of title 18, United States 
Code, and this Act shall be the exclusive means by which electronic 
surveillance and the interception of domestic wire, oral, or electronic 
communications may be conducted. 
‘‘(b) Only an express statutory authorization for electronic 
surveillance or the interception of domestic wire, oral, or electronic 
communications, other than as an amendment to this Act or chap-
ters 119, 121, or 206 of title 18, United States Code, shall constitute 
an additional exclusive means for the purpose of subsection (a).’’. 
(b) OFFENSE.—Section 109(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking 
‘‘authorized by statute’’ each place it appears and inserting ‘‘author-
ized by this Act, chapter 119, 121, or 206 of title 18, United 
States Code, or any express statutory authorization that is an 
additional exclusive means for conducting electronic surveillance 
under section 112.’’; and 
(c) CONFORMING AMENDMENTS.— 
(1) TITLE 18, UNITED STATES CODE.—Section 2511(2)(a) of 
title 18, United States Code, is amended by adding at the 
end the following: 
‘‘(iii) If a certification under subparagraph (ii)(B) 
for assistance to obtain foreign intelligence information 
is based on statutory authority, the certification shall 
identify the specific statutory provision and shall cer-
tify that the statutory requirements have been met.’’; 
and 
50 USC 1812. 
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122 STAT. 2460 
PUBLIC LAW 110–261—JULY 10, 2008 
(2) TABLE OF CONTENTS.—The table of contents in the first 
section of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by inserting after the 
item relating to section 111, the following new item: 
‘‘Sec. 112. Statement of exclusive means by which electronic surveillance and inter-
ception of certain communications may be conducted.’’. 
SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS 
UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
OF 1978. 
(a) INCLUSION OF CERTAIN ORDERS IN SEMIANNUAL REPORTS 
OF ATTORNEY GENERAL.—Subsection (a)(5) of section 601 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is 
amended by striking ‘‘(not including orders)’’ and inserting ‘‘, 
orders,’’. 
(b) REPORTS
BY
ATTORNEY
GENERAL
ON
CERTAIN
OTHER 
ORDERS.—Such section 601 is further amended by adding at the 
end the following: 
‘‘(c) SUBMISSIONS TO CONGRESS.—The Attorney General shall 
submit to the committees of Congress referred to in subsection 
(a)— 
‘‘(1) a copy of any decision, order, or opinion issued by 
the Foreign Intelligence Surveillance Court or the Foreign Intel-
ligence Surveillance Court of Review that includes significant 
construction or interpretation of any provision of this Act, and 
any pleadings, applications, or memoranda of law associated 
with such decision, order, or opinion, not later than 45 days 
after such decision, order, or opinion is issued; and 
‘‘(2) a copy of each such decision, order, or opinion, and 
any pleadings, applications, or memoranda of law associated 
with such decision, order, or opinion, that was issued during 
the 5-year period ending on the date of the enactment of the 
FISA Amendments Act of 2008 and not previously submitted 
in a report under subsection (a). 
‘‘(d) PROTECTION OF NATIONAL SECURITY.—The Attorney Gen-
eral, in consultation with the Director of National Intelligence, 
may authorize redactions of materials described in subsection (c) 
that are provided to the committees of Congress referred to in 
subsection (a), if such redactions are necessary to protect the 
national security of the United States and are limited to sensitive 
sources and methods information or the identities of targets.’’. 
(c) DEFINITIONS.—Such section 601, as amended by subsections 
(a) and (b), is further amended by adding at the end the following: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) FOREIGN
INTELLIGENCE
SURVEILLANCE
COURT.—The 
term ‘Foreign Intelligence Surveillance Court’ means the court 
established under section 103(a). 
‘‘(2) FOREIGN
INTELLIGENCE
SURVEILLANCE
COURT
OF 
REVIEW.—The term ‘Foreign Intelligence Surveillance Court of 
Review’ means the court established under section 103(b).’’. 
SEC. 104. APPLICATIONS FOR COURT ORDERS. 
Section 104 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1804) is amended— 
(1) in subsection (a)— 
(A) by striking paragraphs (2) and (11); 
Deadline. 
Records. 
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122 STAT. 2461 
PUBLIC LAW 110–261—JULY 10, 2008 
(B) by redesignating paragraphs (3) through (10) as 
paragraphs (2) through (9), respectively; 
(C) in paragraph (5), as redesignated by subparagraph 
(B) of this paragraph, by striking ‘‘detailed’’; 
(D) in paragraph (6), as redesignated by subparagraph 
(B) of this paragraph, in the matter preceding subpara-
graph (A)— 
(i) by striking ‘‘Affairs or’’ and inserting ‘‘Affairs,’’; 
and 
(ii) by striking ‘‘Senate—’’ and inserting ‘‘Senate, 
or the Deputy Director of the Federal Bureau of Inves-
tigation, if designated by the President as a certifying 
official—’’; 
(E) in paragraph (7), as redesignated by subparagraph 
(B) of this paragraph, by striking ‘‘statement of’’ and 
inserting ‘‘summary statement of’’; 
(F) in paragraph (8), as redesignated by subparagraph 
(B) of this paragraph, by adding ‘‘and’’ at the end; and 
(G) in paragraph (9), as redesignated by subparagraph 
(B) of this paragraph, by striking ‘‘; and’’ and inserting 
a period; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) through (e) as sub-
sections (b) through (d), respectively; and 
(4) in paragraph (1)(A) of subsection (d), as redesignated 
by paragraph (3) of this subsection, by striking ‘‘or the Director 
of National Intelligence’’ and inserting ‘‘the Director of National 
Intelligence, or the Director of the Central Intelligence Agency’’. 
SEC. 105. ISSUANCE OF AN ORDER. 
(a) IN GENERAL.—Section 105 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); and 
(B) by redesignating paragraphs (2) through (5) as 
paragraphs (1) through (4), respectively; 
(2) in subsection (b), by striking ‘‘(a)(3)’’ and inserting 
‘‘(a)(2)’’; 
(3) in subsection (c)(1)— 
(A) in subparagraph (D), by adding ‘‘and’’ at the end; 
(B) in subparagraph (E), by striking ‘‘; and’’ and 
inserting a period; and 
(C) by striking subparagraph (F); 
(4) by striking subsection (d); 
(5) by redesignating subsections (e) through (i) as sub-
sections (d) through (h), respectively; 
(6) by amending subsection (e), as redesignated by para-
graph (5) of this section, to read as follows: 
‘‘(e)(1) Notwithstanding any other provision of this title, the 
Attorney General may authorize the emergency employment of 
electronic surveillance if the Attorney General— 
‘‘(A) reasonably determines that an emergency situation 
exists with respect to the employment of electronic surveillance 
to obtain foreign intelligence information before an order 
authorizing such surveillance can with due diligence be 
obtained; 
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122 STAT. 2462 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(B) reasonably determines that the factual basis for the 
issuance of an order under this title to approve such electronic 
surveillance exists; 
‘‘(C) informs, either personally or through a designee, a 
judge having jurisdiction under section 103 at the time of 
such authorization that the decision has been made to employ 
emergency electronic surveillance; and 
‘‘(D) makes an application in accordance with this title 
to a judge having jurisdiction under section 103 as soon as 
practicable, but not later than 7 days after the Attorney General 
authorizes such surveillance. 
‘‘(2) If the Attorney General authorizes the emergency employ-
ment of electronic surveillance under paragraph (1), the Attorney 
General shall require that the minimization procedures required 
by this title for the issuance of a judicial order be followed. 
‘‘(3) In the absence of a judicial order approving such electronic 
surveillance, the surveillance 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 subsection 
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 electronic surveillance is terminated 
and no order is issued approving the surveillance, no information 
obtained or evidence derived from such surveillance shall be 
received in evidence or otherwise disclosed in any trial, hearing, 
or other proceeding 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 surveillance shall subsequently be used or dis-
closed in any other manner 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).’’; and 
(7) by adding at the end the following: 
‘‘(i) In any case in which the Government makes an application 
to a judge under this title to conduct electronic surveillance 
involving communications and the judge grants such application, 
upon the request of the applicant, the judge shall also authorize 
the installation and use of pen registers and trap and trace devices, 
and direct the disclosure of the information set forth in section 
402(d)(2).’’. 
(b) CONFORMING AMENDMENT.—Section 108(a)(2)(C) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) 
is amended by striking ‘‘105(f)’’ and inserting ‘‘105(e)’’; 
SEC. 106. USE OF INFORMATION. 
Subsection (i) of section 106 of the Foreign Intelligence Surveil-
lance Act of 1978 (8 U.S.C. 1806) is amended by striking ‘‘radio 
communication’’ and inserting ‘‘communication’’. 
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES. 
(a) APPLICATIONS.—Section 303 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1823) is amended— 
50 USC 1806. 
Assessment. 
Termination. 
Deadline. 
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122 STAT. 2463 
PUBLIC LAW 110–261—JULY 10, 2008 
(1) in subsection (a)— 
(A) by striking paragraph (2); 
(B) by redesignating paragraphs (3) through (9) as 
paragraphs (2) through (8), respectively; 
(C) in paragraph (2), as redesignated by subparagraph 
(B) of this paragraph, by striking ‘‘detailed’’; 
(D) in paragraph (3)(C), as redesignated by subpara-
graph (B) of this paragraph, by inserting ‘‘or is about 
to be’’ before ‘‘owned’’; and 
(E) in paragraph (6), as redesignated by subparagraph 
(B) of this paragraph, in the matter preceding subpara-
graph (A)— 
(i) by striking ‘‘Affairs or’’ and inserting ‘‘Affairs,’’; 
and 
(ii) by striking ‘‘Senate—’’ and inserting ‘‘Senate, 
or the Deputy Director of the Federal Bureau of Inves-
tigation, if designated by the President as a certifying 
official—’’; and 
(2) in subsection (d)(1)(A), by striking ‘‘or the Director 
of National Intelligence’’ and inserting ‘‘the Director of National 
Intelligence, or the Director of the Central Intelligence Agency’’. 
(b) ORDERS.—Section 304 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1824) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); 
(B) by redesignating paragraphs (2) through (5) as 
paragraphs (1) through (4), respectively; and 
(C) in paragraph (2)(B), as redesignated by subpara-
graph (B) of this paragraph, by inserting ‘‘or is about 
to be’’ before ‘‘owned’’; and 
(2) by amending subsection (e) to read as follows: 
‘‘(e)(1) Notwithstanding any other provision of this title, the 
Attorney General may authorize the emergency employment of 
a physical search if the Attorney General— 
‘‘(A) reasonably determines that an emergency situation 
exists with respect to the employment of a physical search 
to obtain foreign intelligence information before an order 
authorizing such physical search can with due diligence be 
obtained; 
‘‘(B) reasonably determines that the factual basis for 
issuance of an order under this title to approve such physical 
search exists; 
‘‘(C) informs, either personally or through a designee, a 
judge of the Foreign Intelligence Surveillance 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 Surveillance 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 emergency employ-
ment of a physical search under paragraph (1), the Attorney General 
shall require that the minimization 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, 
Termination. 
Deadline. 
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122 STAT. 2464 
PUBLIC LAW 110–261—JULY 10, 2008 
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 subsection 
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 is terminated and 
no order is issued approving the physical 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 proceeding 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 manner 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 Intelligence 
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)’’. 
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 circuits’’. 
(b) EN BANC AUTHORITY.— 
(1) IN GENERAL.—Subsection (a) of section 103 of the For-
eign Intelligence Surveillance Act of 1978, as amended by sub-
section (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 Government in any 
proceeding or a party under section 501(f) or paragraph (4) or 
(5) of section 702(h), hold a hearing 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 secure or maintain 
uniformity of the court’s decisions; or 
‘‘(ii) the proceeding involves a question of exceptional impor-
tance. 
50 USC 1825. 
50 USC 1824. 
Assessment. 
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122 STAT. 2465 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(B) Any authority granted by this Act to a judge of the court 
established under this subsection may be exercised by the court 
en banc. When exercising such authority, 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 ‘‘(except when sitting en banc 
under paragraph (2))’’ after ‘‘no judge designated under 
this subsection’’; and 
(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 subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section: 
‘‘(f)(1) A judge of the court established under subsection (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 
subsection (b) entered under any title of this Act, while the court 
established under subsection (a) conducts a rehearing, 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. 
‘‘(2) The authority described in paragraph (1) shall apply to 
an order entered under any provision of this Act.’’. 
(d) AUTHORITY
OF
FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—Section 103 of the Foreign Intelligence 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 con-
travene the inherent authority of the court established under sub-
section (a) to determine or enforce compliance with an order or 
a rule of such court or with a procedure approved by such court.’’. 
SEC. 110. WEAPONS OF MASS DESTRUCTION. 
(a) DEFINITIONS.— 
(1) FOREIGN POWER.—Subsection (a) of section 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: 
Applicability. 
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122 STAT. 2466 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(7) an entity not substantially composed of United States 
persons that is engaged in the international proliferation of 
weapons of mass destruction.’’. 
(2) AGENT OF A FOREIGN POWER.—Subsection (b)(1) of such 
section 101 is amended— 
(A) in subparagraph (B), by striking ‘‘or’’ at the end; 
(B) in subparagraph (C), by striking ‘‘or’’ at the end; 
and 
(C) by adding at the end the following new subpara-
graphs: 
‘‘(D) engages in the international proliferation of 
weapons of mass destruction, or activities in preparation 
therefor; or 
‘‘(E) engages in the international proliferation of 
weapons of mass destruction, or activities in preparation 
therefor for or on behalf of a foreign power; or’’. 
(3) 
FOREIGN
INTELLIGENCE
INFORMATION.—Subsection 
(e)(1)(B) of such section 101 is amended by striking ‘‘sabotage 
or international terrorism’’ and inserting ‘‘sabotage, inter-
national terrorism, or the international proliferation of weapons 
of mass destruction’’. 
(4) WEAPON OF MASS DESTRUCTION.—Such section 101 is 
amended by adding at the end the following new subsection: 
‘‘(p) ‘Weapon of mass destruction’ means— 
‘‘(1) any explosive, incendiary, or poison gas device 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 poisonous 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 designed, intended, or has the capability 
to cause death, illness, or serious bodily injury to a significant 
number of persons; or 
‘‘(4) any weapon that is designed, intended, or has the 
capability to release radiation or radioactivity 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 Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1806(k)(1)(B)) is 
amended by striking ‘‘sabotage or international terrorism’’ and 
inserting ‘‘sabotage, international terrorism, or the inter-
national 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 weapons of mass 
destruction’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—The Foreign 
Intelligence Surveillance Act of 1978 is further 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)’’; 
50 USC 1801. 
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122 STAT. 2467 
PUBLIC LAW 110–261—JULY 10, 2008 
(2) in section 301(1) (50 U.S.C. 1821(1)), by inserting 
‘‘weapon of mass destruction,’’ after ‘‘person,’’; 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)’’. 
TITLE 
II—PROTECTIONS 
FOR 
ELEC-
TRONIC 
COMMUNICATION 
SERVICE 
PROVIDERS 
SEC. 201. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES 
UNDER THE FOREIGN INTELLIGENCE 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 provi-
sion of, or the provision of access to, information (including 
communication contents, communications records, or other 
information relating to a customer or communication), facilities, 
or another form of assistance. 
‘‘(2) CIVIL ACTION.—The term ‘civil action’ includes a cov-
ered civil action. 
‘‘(3) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 
‘congressional intelligence committees’ 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 ‘covered civil action’ 
means a civil action filed in a Federal or State court that— 
‘‘(A) alleges that an electronic communication service 
provider furnished assistance to an element of the intel-
ligence 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 Communications Act of 1934 
(47 U.S.C. 153); 
‘‘(B) a provider of electronic communication service, 
as that term is defined in section 2510 of title 18, United 
States Code; 
50 USC 1885. 
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122 STAT. 2468 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(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 provider who 
has access to wire or electronic communications either as 
such communications are transmitted or as such commu-
nications are stored; 
‘‘(E) a parent, subsidiary, affiliate, successor, 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 
‘‘(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 assistance; 
‘‘(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 Commonwealth of Puerto Rico, the 
District of Columbia, and any territory or possession of the 
United States, and includes any officer, public utility commis-
sion, or other body authorized to regulate an electronic commu-
nication service provider. 
‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES. 
‘‘(a) REQUIREMENT FOR CERTIFICATION.—Notwithstanding any 
other provision of law, a civil action may not lie or be maintained 
in a Federal or State court against any person for providing assist-
ance 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 America Act of 2007 (Public Law 110– 
55), or 702(h) directing such assistance; 
‘‘(4) in the case of a covered civil action, the assistance 
alleged to have been provided by the electronic communication 
service provider was— 
‘‘(A) in connection with an intelligence activity 
involving communications that was— 
50 USC 1885a. 
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122 STAT. 2469 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(i) authorized by the President during the period 
beginning on September 11, 2001, and ending on 
January 17, 2007; and 
‘‘(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 directive, or 
a series of written requests or directives, 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 assistance. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) REVIEW OF CERTIFICATIONS.—A certification under sub-
section (a) shall be given effect unless the court finds that 
such certification is not supported by substantial evidence pro-
vided to the court pursuant to this section. 
‘‘(2) SUPPLEMENTAL MATERIALS.—In its review of a certifi-
cation under subsection (a), the court may examine the court 
order, certification, written request, or directive described in 
subsection (a) and any relevant court order, certification, writ-
ten request, or directive submitted pursuant to subsection (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 supplemental mate-
rials in camera and ex parte; and 
‘‘(2) limit any public disclosure concerning such certification 
and the supplemental materials, including 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 defendant in a 
civil action may submit any relevant court order, certification, writ-
ten request, or directive to the district court referred to in subsection 
(a) for review and shall be permitted to participate in the briefing 
or argument of any legal issue in a judicial proceeding conducted 
pursuant to this section, but only to the extent that such participa-
tion 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 revealed 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 reveal 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 Gen-
eral. 
Review. 
Review. 
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122 STAT. 2470 
PUBLIC LAW 110–261—JULY 10, 2008 
‘‘(f) APPEAL.—The courts of appeals shall have jurisdiction 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 community that is 
brought in a State court shall be deemed to arise under the Con-
stitution 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 available immunity, privi-
lege, or defense under any other provision of law. 
‘‘(i) APPLICABILITY.—This section shall apply to a civil action 
pending on or filed after the date of the enactment 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 communica-
tion 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 electronic communication 
service provider’s alleged assistance to an element of the intel-
ligence community; 
‘‘(3) impose any administrative sanction on an electronic 
communication service provider for assistance 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 assist-
ance to an element of the intelligence community. 
‘‘(b) SUITS BY THE UNITED STATES.—The United States may 
bring suit to enforce the provisions of this section. 
‘‘(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 congressional intelligence committees, the Committee on the 
Judiciary of the Senate, and the Committee on the Judiciary of 
the House of Representatives concerning the implementation of 
this title. 
‘‘(b) CONTENT.—Each report made under subsection (a) shall 
include— 
‘‘(1) any certifications made under section 802; 
‘‘(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.’’. 
50 USC 1885c. 
50 USC 1885b. 
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122 STAT. 2471 
PUBLIC LAW 110–261—JULY 10, 2008 
SEC. 202. TECHNICAL AMENDMENTS. 
The table of contents in the first section of the Foreign Intel-
ligence 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
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate; and 
(B) the Permanent Select Committee on Intelligence 
and the Committee on the Judiciary of the House of Rep-
resentatives. 
(2) FOREIGN
INTELLIGENCE
SURVEILLANCE
COURT.—The 
term ‘‘Foreign Intelligence Surveillance Court’’ means the court 
established under section 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 activity 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 Ter-
rorist Surveillance Program). 
(b) REVIEWS.— 
(1) REQUIREMENT TO CONDUCT.—The Inspectors General 
of the Department of Justice, the Office of the Director of 
National Intelligence, the National Security Agency, the 
Department of Defense, and any other element of the intel-
ligence community that participated in the President’s Surveil-
lance Program, shall complete a comprehensive review of, with 
respect to the oversight authority and responsibility of each 
such Inspector General— 
(A) all of the facts necessary to describe the establish-
ment, 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 participation of, individ-
uals and entities in the private sector related to the Pro-
gram; 
(D) interaction with the Foreign Intelligence Surveil-
lance Court and transition to court orders related to the 
Program; and 
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122 STAT. 2472 
PUBLIC LAW 110–261—JULY 10, 2008 
(E) any other matters identified by any such Inspector 
General that would enable that Inspector General to com-
plete a review of the Program, with respect to such Depart-
ment or element. 
(2) COOPERATION AND COORDINATION.— 
(A) COOPERATION.—Each Inspector General required 
to conduct a review under paragraph (1) shall— 
(i) work in conjunction, to the extent practicable, 
with any other Inspector General required to conduct 
such a review; and 
(ii) utilize, to the extent practicable, and not 
unnecessarily duplicate or delay, such reviews or audits 
that have been completed or are being undertaken 
by any such Inspector General or by any other office 
of the Executive Branch related to the Program. 
(B) INTEGRATION OF OTHER REVIEWS.—The Counsel of 
the Office of Professional Responsibility of the Department 
of Justice shall provide the report of any investigation 
conducted by such Office on matters relating to the Pro-
gram, including any investigation of the process through 
which legal reviews of the Program were conducted and 
the substance of such reviews, to the Inspector General 
of the Department of Justice, who shall integrate the fac-
tual findings and conclusions of such investigation into 
its review. 
(C) COORDINATION.—The Inspectors General shall des-
ignate one of the Inspectors General required to conduct 
a review under paragraph (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.— 
(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 Defense, and any other Inspector General 
required to conduct a review under subsection (b)(1), shall 
submit 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 Inspectors General of the 
Department of Justice, the Office of the Director of National 
Intelligence, the National Security Agency, the Department 
of Defense, and any other Inspector General required to conduct 
a review under subsection (b)(1), shall submit to the appropriate 
committees of Congress, in a manner consistent with national 
security, a comprehensive 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 reviews. 
(3) FORM.—A report under this subsection shall be sub-
mitted in unclassified form, but may include a classified annex. 
The unclassified report shall not disclose the name or identity 
of any individual or entity of the private sector that participated 
in the Program or with whom there was communication about 
the Program, to the extent that information is classified. 
Appointments. 
President. 
Reports. 
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122 STAT. 2473 
PUBLIC LAW 110–261—JULY 10, 2008 
(d) RESOURCES.— 
(1) EXPEDITED
SECURITY
CLEARANCE.—The Director of 
National Intelligence shall ensure that the process for the inves-
tigation and adjudication of an application by an Inspector 
General or any appropriate staff of an Inspector General for 
a security clearance necessary for the conduct of the review 
under subsection (b)(1) is carried out as expeditiously as pos-
sible. 
(2) ADDITIONAL
PERSONNEL
FOR
THE
INSPECTORS
GEN-
ERAL.—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— 
(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 General 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 application 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 enactment 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 AMENDMENTS.— 
(i) TABLE OF CONTENTS.—The table of contents in 
the first section of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended by 
50 USC 
1805a–1805c. 
50 USC 1801 
note. 
50 USC 1801 
note. 
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122 STAT. 2474 
PUBLIC LAW 110–261—JULY 10, 2008 
striking the items relating to sections 105A, 105B, 
and 105C. 
(ii) CONFORMING
AMENDMENTS.—Except as pro-
vided in section 404, section 103(e) of the Foreign 
Intelligence Surveillance 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 sec-
tion 404, section 4 of the Protect America Act of 2007 (Public 
Law 110–55; 121 Stat. 555) is repealed. 
(3) TRANSITION PROCEDURES.—Except as provided 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 section 404, effec-
tive 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 AMENDMENTS.—Effective 
December 31, 2012— 
(A) the table of contents in the first section 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, section 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 
enactment of this Act; and 
(C) except as provided in section 404, section 
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 Intelligence Surveillance Act of 1978’’. 
SEC. 404. TRANSITION PROCEDURES. 
(a) TRANSITION PROCEDURES FOR PROTECT AMERICA ACT OF 
2007 PROVISIONS.— 
(1) CONTINUED EFFECT OF ORDERS, AUTHORIZATIONS, DIREC-
TIVES.—Except as provided in paragraph (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 until the expiration of such order, 
authorization, or directive. 
(2) APPLICABILITY
OF
PROTECT
AMERICA
ACT
OF
2007
TO 
CONTINUED
ORDERS, AUTHORIZATIONS, DIRECTIVES.—Notwith-
standing 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 Protect America Act of 2007 
(Public Law 110–55; 121 Stat. 552), shall continue to apply 
to any acquisition conducted pursuant to an order, 
authorization, or directive referred to in paragraph (1); 
and 
Applicability. 
50 USC 1801 
note. 
18 USC 2511 
note. 
50 USC 
1881–1881g. 
50 USC 1881 
note. 
Effective dates. 
50 USC 1803 
note. 
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122 STAT. 2475 
PUBLIC LAW 110–261—JULY 10, 2008 
(B) sections 105B and 105C of the Foreign Intelligence 
Surveillance Act of 1978, as added by sections 2 and 3, 
respectively, of the Protect America Act of 2007, shall con-
tinue 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, authorization, or 
directive; or 
(ii) the date on which final judgment is entered 
for any petition or other litigation relating to such 
order, authorization, or directive. 
(3) USE OF INFORMATION.—Information acquired from an 
acquisition conducted pursuant to an order, authorization, or 
directive referred to in paragraph (1) shall be deemed to be 
information acquired 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 section 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 Surveillance 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 section 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 Surveil-
lance 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, authorizations, or direc-
tives referred to in paragraph (1); or 
(B) the date on which final judgment is entered for 
any petition or other litigation relating to such order, 
authorization, or directive. 
(6) REPORTING REQUIREMENTS.— 
(A) CONTINUED APPLICABILITY.—Notwithstanding 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 described in subparagraph (B) is sub-
mitted. 
(B) CERTIFICATION.—The certification described in this 
subparagraph is a certification— 
(i) made by the Attorney General; 
(ii) submitted as part of a semi-annual 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 section 105B of the For-
eign Intelligence Surveillance Act of 1978, as added 
Termination 
date. 
Termination 
dates. 
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122 STAT. 2476 
PUBLIC LAW 110–261—JULY 10, 2008 
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, AUTHORIZATIONS, AND DIREC-
TIVES.— 
(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 For-
eign Intelligence Surveillance 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 of 1978 (as added 
by section 101(a) of this Act), the Attorney General and 
the Director of National Intelligence shall, to the extent 
practicable, submit to the Foreign Intelligence Surveillance 
Court (as such term is defined in section 701(b)(2) of such 
Act (as so added)) a certification prepared in accordance 
with subsection (g) of such section 702 and the procedures 
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
ORDERS.—If the 
Attorney General and the Director 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 accordance with subparagraph (A), that authorization, 
and any directives issued thereunder and any order related 
thereto, shall remain in effect, notwithstanding the expira-
tion provided for in subsection (a) of such section 105B, 
until the Foreign Intelligence Surveillance Court (as such 
term is defined in section 701(b)(2) of the Foreign Intel-
ligence 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 provi-
sions 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 AMENDMENTS ACT OF 
2008 PROVISIONS.— 
(1) ORDERS IN EFFECT ON DECEMBER 31, 2012.—Notwith-
standing 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.), any order, authorization, or 
directive issued or made under title VII of the Foreign Intel-
ligence 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 directive. 
(2) APPLICABILITY
OF
TITLE
VII
OF
FISA
TO
CONTINUED 
ORDERS, AUTHORIZATIONS, DIRECTIVES.—Notwithstanding any 
other provision of this Act, any amendment made by this Act, 
Certification. 
Deadline. 
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122 STAT. 2477 
PUBLIC LAW 110–261—JULY 10, 2008 
or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.), with respect to any order, authorization, or direc-
tive 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, authorization, or direc-
tive; or 
(B) the date on which final judgment is entered for 
any petition or other litigation relating to such order, 
authorization, or directive. 
(3) CHALLENGE OF DIRECTIVES; PROTECTION FROM LIABILITY; 
USE
OF
INFORMATION.—Notwithstanding 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 pursuant 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); 
(C) section 703(e) of such Act (as so added) shall con-
tinue 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 conducted 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.—Notwithstanding 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. 
(B) CERTIFICATION.—The certification described in this 
subparagraph is a certification— 
(i) made by the Attorney General; 
(ii) submitted to the Select Committee on Intel-
ligence of the Senate, the Permanent 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 Surveillance 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, assessment, or report under 
section 601 of such Act, as amended by section 101(c), 
or section 702(l) or 707 of such Act, as added by section 
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122 STAT. 2478 
PUBLIC LAW 110–261—JULY 10, 2008 
LEGISLATIVE HISTORY—H.R. 6304: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
June 20, considered and passed House. 
July 8, 9, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 
July 9, Presidential remarks. 
101(a), relating to any acquisition conducted under 
title VII of such Act, as amended by section 101(a), 
has been included in a review, assessment, or report 
under such section 601, 702(l), or 707. 
(5) TRANSITION PROCEDURES CONCERNING THE TARGETING 
OF UNITED STATES PERSONS OVERSEAS.—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 constitute a sufficient 
basis for conducting such an acquisition 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. 
Approved July 10, 2008. 
Deadline. 
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