PUBL261.PS

PUBLIC LAW 110–261—JULY 10, 2008

FOREIGN INTELLIGENCE SURVEILLANCE

ACT OF 1978 AMENDMENTS ACT OF 2008

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) S

HORT

ITLE

.—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) T

ABLE OF

ONTENTS

.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE

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]

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) I

ENERAL

.—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) I

ENERAL

.—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) A

DDITIONAL

EFINITIONS

.—

‘‘(1) C

ONGRESSIONAL 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) F

OREIGN INTELLIGENCE SURVEILLANCE COURT

;

COURT

.—

The terms ‘Foreign Intelligence Surveillance Court’ and ‘Court’

mean the court established under section 103(a).

‘‘(3) F

OREIGN 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) E

LECTRONIC 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.

VerDate Aug 31 2005 17:00 Jul 22, 2008 Jkt 069139 PO 00261 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 PUBL261

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2438 PUBLIC LAW 110–261—JULY 10, 2008

‘‘(5) I

NTELLIGENCE 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) A

UTHORIZATION

.—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) L

IMITATIONS

.—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) C

ONDUCT OF

CQUISITION

.—

‘‘(1) I

N 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) D

ETERMINATION

.—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) T

IMING 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) C

ONSTRUCTION

.—Nothing in title I shall be construed

to require an application for a court order under such title

Certification.

50 USC 1881a.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) T

ARGETING

ROCEDURES

.—

‘‘(1) R

EQUIREMENT 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) J

UDICIAL REVIEW

.—The procedures adopted in accord-

ance with paragraph (1) shall be subject to judicial review

pursuant to subsection (i).

‘‘(e) M

INIMIZATION

ROCEDURES

.—

‘‘(1) R

EQUIREMENT 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) J

UDICIAL REVIEW

.—The minimization procedures

adopted in accordance with paragraph (1) shall be subject to

judicial review pursuant to subsection (i).

‘‘(f) G

UIDELINES FOR

OMPLIANCE

ITH

IMITATIONS

.—

‘‘(1) R

EQUIREMENT 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) S

UBMISSION 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) C

ERTIFICATION

.—

‘‘(1) I

N GENERAL

.—

‘‘(A) R

EQUIREMENT

.—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) E

XCEPTION

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) R

EQUIREMENTS

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00006 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) C

HANGE 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) L

IMITATION

.—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) M

AINTENANCE 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) R

EVIEW

.—A certification submitted in accordance with

this subsection shall be subject to judicial review pursuant

to subsection (i).

‘‘(h) D

IRECTIVES AND

UDICIAL

EVIEW OF

IRECTIVES

.—

‘‘(1) A

UTHORITY

.—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) C

OMPENSATION

.—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) R

ELEASE 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) C

HALLENGING OF DIRECTIVES

.—

‘‘(A) A

UTHORITY 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

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00007 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) A

SSIGNMENT

.—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) S

TANDARDS 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) P

ROCEDURES 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) P

ROCEDURES 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) C

ONTINUED EFFECT

.—Any directive not explicitly

modified or set aside under this paragraph shall remain

in full effect.

‘‘(G) C

ONTEMPT OF COURT

.—Failure to obey an order

issued under this paragraph may be punished by the Court

as contempt of court.

‘‘(5) E

NFORCEMENT OF DIRECTIVES

.—

‘‘(A) O

RDER 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) A

SSIGNMENT

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00008 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) P

ROCEDURES 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) C

ONTEMPT OF COURT

.—Failure to obey an order

issued under this paragraph may be punished by the Court

as contempt of court.

‘‘(E) P

ROCESS

.—Any process under this paragraph may

be served in any judicial district in which the electronic

communication service provider may be found.

‘‘(6) A

PPEAL

.—

‘‘(A) A

PPEAL 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) C

ERTIORARI 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) J

UDICIAL

EVIEW OF

ERTIFICATIONS AND

ROCEDURES

.—

‘‘(1) I

N GENERAL

.—

‘‘(A) R

EVIEW 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) T

IME 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) A

MENDMENTS

.—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.

Deadline.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00009 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) R

EVIEW

.—The Court shall review the following:

‘‘(A) C

ERTIFICATION

.—A certification submitted in

accordance with subsection (g) to determine whether the

certification contains all the required elements.

‘‘(B) T

ARGETING 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) M

INIMIZATION 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) O

RDERS

.—

‘‘(A) A

PPROVAL

.—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) C

ORRECTION 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00010 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) R

EQUIREMENT 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) A

PPEAL

.—

‘‘(A) A

PPEAL 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) C

ONTINUATION 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) I

MPLEMENTATION 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) C

ERTIORARI 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) S

CHEDULE

.—

‘‘(A) R

EAUTHORIZATION 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) R

EAUTHORIZATION 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00011 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) J

UDICIAL

ROCEEDINGS

.—

‘‘(1) E

XPEDITED JUDICIAL PROCEEDINGS

.—Judicial pro-

ceedings under this section shall be conducted as expeditiously

as possible.

‘‘(2) T

IME 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) M

AINTENANCE AND

ECURITY OF

ECORDS AND

CEEDINGS

.—

‘‘(1) S

TANDARDS

.—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) F

ILING 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) R

ETENTION 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) A

SSESSMENTS AND

EVIEWS

.—

‘‘(1) S

EMIANNUAL 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) A

GENCY 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00012 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) A

NNUAL REVIEW

.—

‘‘(A) R

EQUIREMENT 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) U

SE 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).

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00013 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2448 PUBLIC LAW 110–261—JULY 10, 2008

‘‘(C) P

ROVISION 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) J

URISDICTION OF THE

OREIGN

NTELLIGENCE

URVEIL

LANCE

OURT

.—

‘‘(1) I

N 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) L

IMITATION

.—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) A

PPLICATION

.—

‘‘(1) I

N 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00014 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) O

THER 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) O

THER 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) O

RDER

.—

‘‘(1) F

INDINGS

.—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—

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00015 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) P

ROBABLE 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) R

EVIEW

.—

‘‘(A) L

IMITATION 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) R

EVIEW 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) R

EVIEW 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) R

EVIEW 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00016 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) S

PECIFICATIONS

.—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) D

IRECTIVES

.—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) D

URATION

.—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) C

OMPLIANCE

.—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) E

MERGENCY

UTHORIZATION

.—

‘‘(1) A

UTHORITY FOR EMERGENCY AUTHORIZATION

.—Notwith-

standing any other provision of this Act, if the Attorney General

reasonably determines that—

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00017 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) M

INIMIZATION 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) T

ERMINATION 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) U

SE 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) R

ELEASE

ROM

IABILITY

.—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) A

PPEAL

.—

‘‘(1) A

PPEAL 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00018 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2453 PUBLIC LAW 110–261—JULY 10, 2008

‘‘(2) C

ERTIORARI 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) C

ONSTRUCTION

.—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) J

URISDICTION AND

COPE

.—

‘‘(1) J

URISDICTION

.—The Foreign Intelligence Surveillance

Court shall have jurisdiction to enter an order pursuant to

subsection (c).

‘‘(2) S

COPE

.—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

‘‘(3) L

IMITATIONS

.—

‘‘(A) M

OVING 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) A

PPLICABILITY

.—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) C

ONSTRUCTION

.—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) A

PPLICATION

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00019 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) O

RDER

.—

‘‘(1) F

INDINGS

.—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) P

ROBABLE CAUSE

.—In determining whether or not

probable cause exists for purposes of paragraph (1)(B), a judge

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00020 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) R

EVIEW

.—

‘‘(A) L

IMITATIONS 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) R

EVIEW 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) R

EVIEW 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) S

COPE 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) D

URATION

.—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) C

OMPLIANCE

.—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) E

MERGENCY

UTHORIZATION

.—

Records.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00021 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2456 PUBLIC LAW 110–261—JULY 10, 2008

‘‘(1) A

UTHORITY 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) M

INIMIZATION 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) T

ERMINATION 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) U

SE 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) A

PPEAL

.—

‘‘(1) A

PPEAL 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) C

ERTIORARI 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00022 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) J

OINT

PPLICATIONS AND

RDERS

.—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) C

ONCURRENT

UTHORIZATION

.—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) I

NFORMATION

CQUIRED

NDER

ECTION

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) I

NFORMATION

CQUIRED

NDER

ECTION

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) S

EMIANNUAL

EPORT

.—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) C

ONTENT

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00023 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) T

ABLE OF

ONTENTS

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00024 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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.’’.

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) T

ITLE 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) F

OREIGN 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) S

TATEMENT OF

XCLUSIVE

EANS

.—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

‘‘S

. 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) O

FFENSE

.—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

ONFORMING

MENDMENTS

.—

(1) T

ITLE 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00025 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2460 PUBLIC LAW 110–261—JULY 10, 2008

(2) T

ABLE 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) I

NCLUSION OF

ERTAIN

RDERS IN

EMIANNUAL

EPORTS

TTORNEY

ENERAL

.—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) R

EPORTS BY

TTORNEY

ENERAL ON

ERTAIN

THER

RDERS

.—Such section 601 is further amended by adding at the

end the following:

‘‘(c) S

UBMISSIONS TO

ONGRESS

.—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) P

ROTECTION OF

ATIONAL

ECURITY

.—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.’’.

EFINITIONS

.—Such section 601, as amended by subsections

(a) and (b), is further amended by adding at the end the following:

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) F

OREIGN INTELLIGENCE SURVEILLANCE COURT

.—The

term ‘Foreign Intelligence Surveillance Court’ means the court

established under section 103(a).

‘‘(2) F

OREIGN 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00026 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2461 PUBLIC LAW 110–261—JULY 10, 2008

(B) by redesignating paragraphs (3) through (10) as

paragraphs (2) through (9), respectively;

(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) I

ENERAL

.—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

(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;

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00027 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) C

ONFORMING

MENDMENT

.—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) A

PPLICATIONS

.—Section 303 of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1823) is amended—

50 USC 1806.

Assessment.

Termination.

Deadline.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00028 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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;

(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) O

RDERS

.—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

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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00029 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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).’’.

ONFORMING

MENDMENTS

.—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) D

ESIGNATION OF

UDGES

.—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) E

ANC

UTHORITY

.—

(1) I

N 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00030 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) C

ONFORMING 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’’.

TAY OR

ODIFICATION

URING AN

PPEAL

.—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) A

UTHORITY OF

OREIGN

NTELLIGENCE

URVEILLANCE

OURT

.—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) D

EFINITIONS

.—

(1) F

OREIGN 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

Applicability.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00031 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) A

GENT 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

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) F

OREIGN 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) W

EAPON 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) U

SE OF

NFORMATION

.—

(1) I

N 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) P

HYSICAL 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’’.

ECHNICAL AND

ONFORMING

MENDMENTS

.—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.

VerDate Aug 31 2005 17:00 Jul 22, 2008 Jkt 069139 PO 00261 Frm 00032 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 PUBL261

kgrant on POHRRP4G1 with PUBLIC LAWS

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) A

SSISTANCE

.—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) C

IVIL ACTION

.—The term ‘civil action’ includes a cov-

ered civil action.

‘‘(3) C

ONGRESSIONAL 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) C

ONTENTS

.—The term ‘contents’ has the meaning given

that term in section 101(n).

‘‘(5) C

OVERED 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) E

LECTRONIC 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00033 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) I

NTELLIGENCE 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) P

ERSON

.—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) S

TATE

.—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) R

EQUIREMENT FOR

ERTIFICATION

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00034 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) J

UDICIAL

EVIEW

.—

‘‘(1) R

EVIEW 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) S

UPPLEMENTAL 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) L

IMITATIONS ON

ISCLOSURE

.—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) R

OLE OF THE

ARTIES

.—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) N

ONDELEGATION

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00035 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2470 PUBLIC LAW 110–261—JULY 10, 2008

‘‘(f) A

PPEAL

.—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) R

EMOVAL

.—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) R

ELATIONSHIP TO

THER

AWS

.—Nothing in this section

shall be construed to limit any otherwise available immunity, privi-

lege, or defense under any other provision of law.

‘‘(i) A

PPLICABILITY

.—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) I

ENERAL

.—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) S

UITS BY THE

NITED

TATES

.—The United States may

bring suit to enforce the provisions of this section.

‘‘(c) J

URISDICTION

.—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) A

PPLICATION

.—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) S

EMIANNUAL

EPORT

.—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) C

ONTENT

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00036 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE 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) F

OREIGN 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) P

RESIDENT

’

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) R

EVIEWS

.—

(1) R

EQUIREMENT 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;

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

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00037 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) C

OOPERATION AND COORDINATION

.—

(A) C

OOPERATION

.—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) I

NTEGRATION 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.

OORDINATION

.—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.

EPORTS

.—

(1) P

RELIMINARY 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) F

INAL 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) F

ORM

.—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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00038 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2473 PUBLIC LAW 110–261—JULY 10, 2008

(d) R

ESOURCES

.—

(1) E

XPEDITED 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) A

DDITIONAL PERSONNEL FOR THE INSPECTORS GEN

ERAL

.—An Inspector General required to conduct a review

under subsection (b)(1) and submit a report under subsection

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) T

RANSFER 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) R

EPEAL OF

ROTECT

MERICA

CT OF

2007 P

ROVISIONS

.—

(1) A

MENDMENTS TO FISA

.—

(A) I

N 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) T

ECHNICAL AND CONFORMING AMENDMENTS

.—

(i) T

ABLE 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.

VerDate Aug 31 2005 20:33 Jul 31, 2008 Jkt 069139 PO 00261 Frm 00039 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 PUBL261

kgrant on POHRRP4G1 with PUBLIC LAWS

122 STAT. 2474 PUBLIC LAW 110–261—JULY 10, 2008

striking the items relating to sections 105A, 105B,

and 105C.

(ii) C

ONFORMING 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) R

EPORTING 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) T

RANSITION 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 A

MENDMENTS

CT OF

2008.—

(1) I

N 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) T

ECHNICAL 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

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) T

RANSITION

ROCEDURES FOR

ROTECT

MERICA

CT OF

2007 P

ROVISIONS

.—

(1) C

ONTINUED 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) A

PPLICABILITY 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.

VerDate Aug 31 2005 20:33 Jul 31, 2008 Jkt 069139 PO 00261 Frm 00040 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 PUBL261

kgrant on POHRRP4G1 with PUBLIC LAWS

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) U

SE 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) P

ROTECTION 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) J

URISDICTION 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) R

EPORTING REQUIREMENTS

.—

(A) C

ONTINUED 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) C

ERTIFICATION

.—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.

VerDate Aug 31 2005 17:00 Jul 22, 2008 Jkt 069139 PO 00261 Frm 00041 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 PUBL261

kgrant on POHRRP4G1 with PUBLIC LAWS

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) R

EPLACEMENT OF ORDERS

AUTHORIZATIONS

AND DIREC

TIVES

.—

(A) I

N 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) C

ONTINUATION 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) E

FFECTIVE DATE

.—Paragraphs (1) through (7) shall take

effect as if enacted on August 5, 2007.

(b) T

RANSITION

ROCEDURES FOR

FISA A

MENDMENTS

CT OF

2008 P

ROVISIONS

.—

(1) O

RDERS 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) A

PPLICABILITY 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00042 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) C

HALLENGE 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);

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) R

EPORTING REQUIREMENTS

.—

(A) C

ONTINUED 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) C

ERTIFICATION

.—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

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00043 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS

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) T

RANSITION 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.

VerDate Aug 31 2005 17:25 Jul 21, 2008 Jkt 069139 PO 00261 Frm 00044 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL261.110 APPS16

kgrant on POHRRP4G1 with PUBLIC LAWS