Protect America Act of 2007
PL 110-55 (S.1927), enacted 08/05/2007

121 STAT. 552 
PUBLIC LAW 110–55—AUG. 5, 2007 
Public Law 110–55 
110th Congress 
An Act 
To amend the Foreign Intelligence Surveillance Act of 1978 to provide additional 
procedures for authorizing certain acquisitions of foreign intelligence information 
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. 
This Act may be cited as the ‘‘Protect America Act of 2007’’. 
SEC. 
2. 
ADDITIONAL 
PROCEDURE 
FOR 
AUTHORIZING 
CERTAIN 
ACQUISITIONS OF FOREIGN INTELLIGENCE INFORMATION. 
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by inserting after section 105 the following: 
‘‘CLARIFICATION OF ELECTRONIC SURVEILLANCE OF PERSONS OUTSIDE 
THE UNITED STATES 
‘‘SEC. 105A. Nothing in the definition of electronic surveillance 
under section 101(f) shall be construed to encompass surveillance 
directed at a person reasonably believed to be located outside of 
the United States. 
‘‘ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS 
CONCERNING PERSONS LOCATED OUTSIDE THE UNITED STATES 
‘‘SEC. 105B. (a) Notwithstanding any other law, the Director 
of National Intelligence and the Attorney General, may for periods 
of up to one year authorize the acquisition of foreign intelligence 
information concerning persons reasonably believed to be outside 
the United States if the Director of National Intelligence and the 
Attorney General determine, based on the information provided 
to them, that— 
‘‘(1) there are reasonable procedures in place for deter-
mining that the acquisition of foreign intelligence information 
under this section concerns persons reasonably believed to be 
located outside the United States, and such procedures will 
be subject to review of the Court pursuant to section 105C 
of this Act; 
‘‘(2) the acquisition does not constitute electronic surveil-
lance; 
‘‘(3) the acquisition involves obtaining the foreign intel-
ligence information from or with the assistance of a communica-
tions service provider, custodian, or other person (including 
any officer, employee, agent, or other specified person of such 
service provider, custodian, or other person) who has access 
50 USC 1805b. 
50 USC 1805a. 
Protect America 
Act of 2007. 
50 USC 1801 
note. 
Aug. 5, 2007 
[S. 1927] 
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121 STAT. 553 
PUBLIC LAW 110–55—AUG. 5, 2007 
to communications, either as they are transmitted or while 
they are stored, or equipment that is being or may be used 
to transmit or store such communications; 
‘‘(4) a significant purpose of the acquisition is to obtain 
foreign intelligence information; and 
‘‘(5) the minimization procedures to be used with respect 
to such acquisition activity meet the definition of minimization 
procedures under section 101(h). 
‘‘This determination shall be in the form of a written certifi-
cation, under oath, supported as appropriate by affidavit of appro-
priate officials in the national security field occupying positions 
appointed by the President, by and with the consent of the Senate, 
or the Head of any Agency of the Intelligence Community, unless 
immediate action by the Government is required and time does 
not permit the preparation of a certification. In such a case, the 
determination of the Director of National Intelligence and the 
Attorney General shall be reduced to a certification as soon as 
possible but in no event more than 72 hours after the determination 
is made. 
‘‘(b) A certification under subsection (a) is not required to iden-
tify the specific facilities, places, premises, or property at which 
the acquisition of foreign intelligence information will be directed. 
‘‘(c) The Attorney General shall transmit as soon as practicable 
under seal to the court established under section 103(a) a copy 
of a certification made under subsection (a). Such certification shall 
be maintained under security measures established by the Chief 
Justice of the United States and the Attorney General, in consulta-
tion with the Director of National Intelligence, and shall remain 
sealed unless the certification is necessary to determine the legality 
of the acquisition under section 105B. 
‘‘(d) An acquisition under this section may be conducted only 
in accordance with the certification of the Director of National 
Intelligence and the Attorney General, or their oral instructions 
if time does not permit the preparation of a certification, and 
the minimization procedures adopted by the Attorney General. The 
Director of National Intelligence and the Attorney General shall 
assess compliance with such procedures and shall report such 
assessments to the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee on Intel-
ligence of the Senate under section 108(a). 
‘‘(e) With respect to an authorization of an acquisition under 
section 105B, the Director of National Intelligence and Attorney 
General may direct a person to— 
‘‘(1) immediately provide the Government with all informa-
tion, facilities, and assistance necessary to accomplish the 
acquisition in such a manner as will protect the secrecy of 
the acquisition and produce a minimum of interference with 
the services that such person is providing to the target; and 
‘‘(2) maintain under security procedures approved by the 
Attorney General and the Director of National Intelligence 
any records concerning the acquisition or the aid furnished 
that such person wishes to maintain. 
‘‘(f) The Government shall compensate, at the prevailing rate, 
a person for providing information, facilities, or assistance pursuant 
to subsection (e). 
‘‘(g) In the case of a failure to comply with a directive issued 
pursuant to subsection (e), the Attorney General may invoke the 
Reports. 
Records. 
Certification. 
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121 STAT. 554 
PUBLIC LAW 110–55—AUG. 5, 2007 
aid of the court established under section 103(a) to compel compli-
ance with the directive. The court shall issue an order requiring 
the person to comply with the directive if it finds that the directive 
was issued in accordance with subsection (e) and is otherwise lawful. 
Failure to obey an order of the court may be punished by the 
court as contempt of court. Any process under this section may 
be served in any judicial district in which the person may be 
found. 
‘‘(h)(1)(A) A person receiving a directive issued pursuant to 
subsection (e) may challenge the legality of that directive by filing 
a petition with the pool established under section 103(e)(1). 
‘‘(B) The presiding judge designated pursuant to section 103(b) 
shall assign a petition filed under subparagraph (A) to one of 
the judges serving in the pool established by section 103(e)(1). 
Not later than 48 hours after the assignment of such petition, 
the assigned judge shall conduct an initial review of the directive. 
If the assigned judge determines that the petition is frivolous, 
the assigned judge shall immediately deny the petition and affirm 
the directive or any part of the directive that is the subject of 
the petition. If the assigned judge determines the petition is not 
frivolous, the assigned judge shall, within 72 hours, consider the 
petition in accordance with the procedures established under section 
103(e)(2) and provide a written statement for the record of the 
reasons for any determination under this subsection. 
‘‘(2) A judge considering a petition to modify or set aside a 
directive may grant such petition only if the judge finds that such 
directive does not meet the requirements of this section or is other-
wise unlawful. If the judge does not modify or set aside the directive, 
the judge shall immediately affirm such directive, and order the 
recipient to comply with such directive. 
‘‘(3) Any directive not explicitly modified or set aside under 
this subsection shall remain in full effect. 
‘‘(i) The Government or a person receiving a directive reviewed 
pursuant to subsection (h) may file a petition with the Court of 
Review established under section 103(b) for review of the decision 
issued pursuant to subsection (h) not later than 7 days after the 
issuance of such decision. Such court of review shall have jurisdic-
tion to consider such petitions and shall provide for the record 
a written statement of the reasons for its decision. On petition 
for a writ of certiorari by the Government or any person receiving 
such directive, the record shall be transmitted under seal to the 
Supreme Court, which shall have jurisdiction to review such deci-
sion. 
‘‘(j) Judicial proceedings under this section shall be concluded 
as expeditiously as possible. The record of proceedings, including 
petitions filed, orders granted, and statements of reasons for deci-
sion, shall be maintained under security measures established by 
the Chief Justice of the United States, in consultation with the 
Attorney General and the Director of National Intelligence. 
‘‘(k) 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 classi-
fied information. 
‘‘(l) Notwithstanding any other law, no cause of action shall 
lie in any court against any person for providing any information, 
Petitions. 
Records. 
Records. 
Deadline. 
Deadline. 
Records. 
Deadline. 
Petitions. 
Courts. 
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121 STAT. 555 
PUBLIC LAW 110–55—AUG. 5, 2007 
facilities, or assistance in accordance with a directive under this 
section. 
‘‘(m) A directive made or an order granted under this section 
shall be retained for a period of not less than 10 years from 
the date on which such directive or such order is made.’’. 
SEC. 3. SUBMISSION TO COURT REVIEW AND ASSESSMENT OF PROCE-
DURES. 
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by inserting after section 105B the fol-
lowing: 
‘‘SUBMISSION TO COURT REVIEW OF PROCEDURES 
‘‘SEC. 105C. (a) No later than 120 days after the effective 
date of this Act, the Attorney General shall submit to the Court 
established under section 103(a), the procedures by which the 
Government determines that acquisitions conducted pursuant to 
section 105B do not constitute electronic surveillance. The proce-
dures submitted pursuant to this section shall be updated and 
submitted to the Court on an annual basis. 
‘‘(b) No later than 180 days after the effective date of this 
Act, the court established under section 103(a) shall assess the 
Government’s determination under section 105B(a)(1) that those 
procedures are reasonably designed to ensure that acquisitions con-
ducted pursuant to section 105B do not constitute electronic surveil-
lance. The court’s review shall be limited to whether the Govern-
ment’s determination is clearly erroneous. 
‘‘(c) If the court concludes that the determination is not clearly 
erroneous, it shall enter an order approving the continued use 
of such procedures. If the court concludes that the determination 
is clearly erroneous, it shall issue an order directing the Govern-
ment to submit new procedures within 30 days or cease any acquisi-
tions under section 105B that are implicated by the court’s order. 
‘‘(d) The Government may appeal any order issued under sub-
section (c) to the court established under section 103(b). If such 
court determines that the order was properly entered, the court 
shall immediately provide for the record a written statement of 
each reason for its decision, and, on petition of the United States 
for a writ of certiorari, the record shall be transmitted under seal 
to the Supreme Court of the United States, which shall have juris-
diction to review such decision. Any acquisitions affected by the 
order issued under subsection (c) of this section may continue 
during the pendency of any appeal, the period during which a 
petition for writ of certiorari may be pending, and any review 
by the Supreme Court of the United States.’’. 
SEC. 4. REPORTING TO CONGRESS. 
On a semi-annual basis the Attorney General shall inform 
the Select Committee on Intelligence of the Senate, the Permanent 
Select Committee on Intelligence of the House of Representatives, 
the Committee on the Judiciary of the Senate, and the Committee 
on the Judiciary of the House of Representatives, concerning 
acquisitions under this section during the previous 6-month period. 
Each report made under this section shall include— 
(1) a description of any incidents of non-compliance with 
a directive issued by the Attorney General and the Director 
of National Intelligence under section 105B, to include— 
Records. 
Deadlines. 
50 USC 1805c. 
Records. 
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121 STAT. 556 
PUBLIC LAW 110–55—AUG. 5, 2007 
(A) incidents of non-compliance by an element of the 
Intelligence Community with guidelines or procedures 
established for determining that the acquisition of foreign 
intelligence authorized by the Attorney General and 
Director of National Intelligence concerns persons reason-
ably to be outside the United States; and 
(B) incidents of noncompliance by a specified person 
to whom the Attorney General and Director of National 
Intelligence issue a directive under this section; and 
(2) the number of certifications and directives issued during 
the reporting period. 
SEC. 5. TECHNICAL AMENDMENT AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Section 103(e) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803(e)) is amended— 
(1) in paragraph (1), by striking ‘‘501(f)(1)’’ and inserting 
‘‘105B(h) or 501(f)(1)’’; and 
(2) in paragraph (2), by striking ‘‘501(f)(1)’’ and inserting 
‘‘105B(h) or 501(f)(1)’’. 
(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 by inserting after the item relating 
to section 105 the following: 
‘‘105A. Clarification of electronic surveillance of persons outside the United States. 
‘‘105B. Additional procedure for authorizing certain acquisitions concerning persons 
located outside the United States. 
‘‘105C. Submission to court review of procedures.’’. 
SEC. 6. EFFECTIVE DATE; TRANSITION PROCEDURES. 
(a) EFFECTIVE DATE.—Except as otherwise provided, the amend-
ments made by this Act shall take effect immediately after the 
date of the enactment of this Act. 
(b) TRANSITION
PROCEDURES.—Notwithstanding any other 
provision of this Act, any order in effect on the date of enactment 
of this Act issued pursuant to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) shall remain in effect until 
the date of expiration of such order, and, at the request of the 
applicant, the court established under section 103(a) of such Act 
(50 U.S.C. 1803(a)) shall reauthorize such order as long as the 
facts and circumstances continue to justify issuance of such order 
under the provisions of the Foreign Intelligence Surveillance Act 
of 1978, as in effect on the day before the applicable effective 
date of this Act. The Government also may file new applications, 
and the court established under section 103(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) shall enter 
orders granting such applications pursuant to such Act, as long 
as the application meets the requirements set forth under the 
provisions of such Act as in effect on the day before the effective 
date of this Act. At the request of the applicant, the court estab-
lished under section 103(a) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(a)), shall extinguish any extant 
authorization to conduct electronic surveillance or physical search 
entered pursuant to such Act. Any surveillance conducted pursuant 
to an order entered under this subsection shall be subject to the 
provisions of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), as in effect on the day before the effective 
date of this Act. 
50 USC 1803 
note. 
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121 STAT. 557 
PUBLIC LAW 110–55—AUG. 5, 2007 
LEGISLATIVE HISTORY—S. 1927: 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
Aug. 3, considered and passed Senate. 
Aug. 4, considered and passed House. 
(c) SUNSET.—Except as provided in subsection (d), sections 2, 
3, 4, and 5 of this Act, and the amendments made by this Act, 
shall cease to have effect 180 days after the date of the enactment 
of this Act. 
(d) AUTHORIZATIONS IN EFFECT.—Authorizations for the acquisi-
tion of foreign intelligence information pursuant to the amendments 
made by this Act, and directives issued pursuant to such authoriza-
tions, shall remain in effect until their expiration. Such acquisitions 
shall be governed by the applicable provisions of such amendments 
and shall not be deemed to constitute electronic surveillance as 
that term is defined in section 101(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(f)). 
Approved August 5, 2007. 
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