Order Code RL34277
The Foreign Intelligence Surveillance Act:
Comparison of House-Passed H.R. 3773, S. 2248
as Reported by the Senate Select Committee on
Intelligence, and S. 2248 as Reported Out of the
Senate Judiciary Committee
Updated December 14, 2007
Elizabeth B. Bazan
Legislative Attorney
American Law Division

The Foreign Intelligence Surveillance Act:
Comparison of House-Passed H.R. 3773, S. 2248
as Reported by the Senate Select Committee on
Intelligence, and S. 2248 as Reported Out of
the Senate Judiciary Committee
Summary
On November 15, 2007, the House of Representatives passed H.R. 3773, the
RESTORE Act of 2007. On October 26, 2007, Senator Rockefeller reported S. 2248,
the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or the
FISA Amendment Act of 2007, an original bill, from the Senate Select Committee
on Intelligence. S. 2248 was referred to the Senate Judiciary Committee on
November 1, 2007. On November 16, 2007, S. 2248 was reported out of the Senate
Judiciary Committee by Senator Leahy with an amendment in the nature of a
substitute. Each bill includes amendments to the Foreign Intelligence Surveillance
Act. This report provides a side by side comparison of the provisions of these three
measures. A glossary of FISA terms from section 101 of FISA, 50 U.S.C. § 1801 is
attached.
Senator Reid introduced two additional FISA bills on December 10, 2007, S.
2440 and S. 2441, which were read twice the following day and placed on the Senate
Legislative Calendar as Numbers 529 and 530, respectively. S. 2402 was introduced
by Senator Specter on December 3, 2007, and referred to the Senate Judiciary
Committee. In Committee markup on December 13, 2007, an amendment in the
nature of a substitute to S. 2402 was adopted by unanimous consent. Then, by a vote
of 5-13, the Committee rejected S. 2402, as amended. The proposal would have
permitted substitution of the government for electronic communication service
providers in law suits where certain criteria were met. These bills will not be
included in this side by side comparison.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Glossary of FISA Terms from 50 U.S.C. § 1801 . . . . . . . . . . . . . . . . . . . . . . . . . 56
List of Tables
Table 1. Comparison of H.R. 3773 as Passed by the House, S. 2248 as
Reported by the Senate Select Committee on Intelligence, and
S. 2248 as Reported Out of the Senate Judiciary
Committee with an Amendment in the Nature of a Substitute . . . . . . . . . . . 3

The Foreign Intelligence Surveillance Act:
Comparison of House-Passed H.R. 3773,
S. 2248 as Reported by the Senate
Select Committee on Intelligence,
and S. 2248 as Reported Out of
the Senate Judiciary Committee
Introduction
During the 110th Congress, several House and Senate committees have engaged
in oversight activities, including hearings and requests for expeditious production of
documents and information regarding the Administration’s warrantless foreign
intelligence surveillance programs, as possible changes to the Foreign Intelligence
Surveillance Act of 1978, as amended, were explored. In July 2007, an unclassified
summary of the National Intelligence Estimate on “The Terrorist Threat to the U.S.
Homeland” was released. It expressed the judgment, in part, that the U/S. Homeland
will face a persistent and evolving threat over the next three years, the main threat
coming from Islamic terrorist groups and cells, particularly Al Qaeda. On August 2,
2007, the Director of National Intelligence (DNI) released a statement on
“Modernization of the Foreign Intelligence Surveillance Act.” In his statement,
Admiral McConnell viewed such modernization as necessary to respond to
technological changes and to meet the Nation’s current intelligence collection needs.
He deemed it essential for the Intelligence Community to provide warning of threats
to the United States. He perceived two critically needed changes. First, he stated that
a court order should not be required for gathering foreign intelligence from foreign
targets located overseas, although he did agree to court review of related procedures
after commencement of the needed collection. Second, he contended that liability
protection was needed for those who furnished aid to the government in carrying out
its foreign intelligence collection efforts.
On August 5, 2007, the Protect America Act of 2007, P.L. 110-55, was enacted
into law with a 180 day sunset provision, providing a temporary solution to concerns
raised by the Director of National Intelligence. Both the House and the Senate have
considered or are considering possible legislation to provide a longer-term statutory
approach to these concerns. On November 15, 2007, the House of Representatives
passed H.R. 3773, the Responsible Electronic Surveillance That is Overseen,
Reviewed, and Effective Act of 2007 or the RESTORE Act of 2007. On October 26,
2007, Senator Rockefeller reported S. 2248, the Foreign Intelligence Surveillance Act
of 1978 Amendments Act of 2007 or the FISA Amendment Act of 2007, an original
bill, from the Senate Select Committee on Intelligence. S. 2248 was referred to the
Senate Judiciary Committee on November 1, 2007. On November 16, 2007, S. 2248

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was reported out of the Senate Judiciary Committee by Senator Leahy with an
amendment in the nature of a substitute. Each bill includes amendments to the
Foreign Intelligence Surveillance Act.
This report provides a side by side comparison of the provisions of these three
measures, using H.R. 3773 as the basis for the comparison. As title I of FISA
defines a number of key terms critical to understanding the import of the bills’
language, a glossary of FISA terms as defined in section 101 of FISA, 50 U.S.C. §
1801 is attached to assist in understanding the effect of these measures.
Senator Reid introduced two additional FISA bills on December 10, 2007, S.
2440 and S. 2441, which were read twice the following day and placed on the Senate
Legislative Calendar as Numbers 529 and 530, respectively. S. 2402 was introduced
by Senator Specter on December 3, 2007, and referred to the Senate Judiciary
Committee. In Committee markup on December 13, 2007, an amendment in the
nature of a substitute to S. 2402 was adopted by unanimous consent. Then, by a vote
of 5-13, the Committee rejected S. 2402, as amended. The proposal would have
permitted substitution of the government for electronic communication service
providers in law suits where certain criteria were met. These bills will not be
included in this side by side comparison.

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Table 1. Comparison of H.R. 3773 as Passed by the House,
S. 2248 as Reported by the Senate Select Committee on Intelligence,
and S. 2248 as Reported Out of the Senate Judiciary Committee
with an Amendment in the Nature of a Substitute
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Short Title — “Responsible Electronic Surveillance
Short Title — “Foreign Intelligence Surveillance Act
Short Title — “Foreign Intelligence Surveillance Act
That is Overseen, Reviewed, and Effective Act of
of 1978 Amendments Act of 2007” or the “FISA
of 1978 Amendments Act of 2007” or the “FISA
2007” or “RESTORE Act of 2007”
Amendments Act of 2007”
Amendments Act of 2007”
No similar provision.
Li mitation on Definition
of
Electronic
No similar provision.
Surveillance: Under section 701 of a new title VII
of FISA, nothing in the definition of “electronic
surveillance” under section 101(f) of FISA, 50
U.S.C. § 1801(f), shall be construed to encompass
surveillance that is targeted in accordance with
proposed title VII of the Foreign Intelligence
Surveillance Act (FISA) at a person reasonably
believed to be located outside the United States
No similar provision.
New section 702 of FISA: Definitions. See also
New section 701 of FISA: Definitions.
section 802 of FISA on definitions.
Sec. 2 of the bill: Clarification of electronic
New section 703 of FISA: Permits Attorney General
New section 702 of FISA: Permits AG and DNI to
surveillance of non-U.S. persons outside the
(AG) and the Director of National Intelligence (DNI)
jointly authorize, for up to 1 year, targeting of
United States. Under amended section 105A of
to jointly authorize, for up to 1 year, targeting of
persons reasonably believed to be outside United
FISA, no court order is needed for electronic
persons reasonably believed to be outside United
States to acquire foreign intelligence information.
surveillance directed at acquisition of contents of
States to acquire foreign intelligence information.
communications between persons not known to be
Such an acquisition:
U.S. persons who are reasonably believed to be
located outside the United States regardless of

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
whether communication passed through United
States or surveillance device is in United States
No similar provision.
— may not intentionally target any person known at
Same provision as S. 2248 (SSCI version).
the time of the acquisition to be located in the United
States
No similar provision, but see section 105B as
— may not intentionally target a person reasonably
— may not intentionally target a person reasonably
amended, below.
believed to be outside the United States if the
believed to be outside the United States if a
purpose of the acquisition is to target for
significant purpose of such acquisition is to acquire
surveillance a particular, known person reasonably
the communications of a specific person reasonably
believed to be in the United States, except in
believed to be in the United States, except in
accordance with title I of FISA.
accordance with title I of FISA.
No similar provision.
— must be conducted in a manner consistent with
Same provision as S. 2248 (SSCI version).
the fourth amendment to the U.S. Constitution.
If a communication involving a U.S. person or a
No similar provision.
No similar provision.
person in the United States is inadvertently
intercepted in the course of such electronic
surveillance, its contents must be handled in
accordance with minimization procedures adopted
by the AG. Under those procedures, no contents of
any communication to which a U.S. person is a party
shall be disclosed, disseminated, or used for any
purpose or retained for longer than 7 days unless a
court order under section 105 of FISA is obtained or
unless the AG determines that the information
indicates a threat of death or serious bodily harm to
any person.

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
No similar provision.
Acquisition under new subsection 703(a) of FISA
Acquisition under new subsection 702(a) of FISA
inside the United States of U.S. persons outside
inside the United States of U.S. persons outside
the United States. If such an acquisition occurs
the United States. If such an acquisition constitutes
inside the United States, it may not target a U.S.
electronic surveillance and occurs inside the United
person reasonably believed to be outside the United
States, it may not intentionally target a U.S. person
States, except in accordance with the provisions of
reasonably believed to be outside the United States,
title I of FISA.
except in accordance with the procedures under title
I of FISA.
Amended section 105A(b) o f F ISA,
No similar provision, but see new section 703 of
No similar provision, but see new section 702 of
Communications of Non-United States Persons
FISA procedures for acquiring the communications
FISA procedures for acquiring the communications
Outside of the United States: A Foreign
of certain persons outside the United States, which
of certain persons outside the United States, which
Intelligence Surveillance Court (FISC) order under
permit the AG and DNI to jointly authorize, for up to
permit the AG and DNI to jointly authorize, for up to
section 105 or 105B of FISA or an emergency
1 year, targeting of persons reasonably believed to be
1 year, targeting of persons reasonably believed to be
authorization under section 105 or 105C of FISA is
outside the United States to acquire foreign
outside the United States to acquire foreign
required required for electronic surveillance
intelligence information.
intelligence information.
targeting a person reasonably believed to be located
outside the United States and not a U.S. person
where the surveillance is directed at acquisition of
that person’s communications to collect most types
of foreign intelligence information (as defined in
sections 101(e)(1) or (2)(A) of FISA; see glossary).
Sec. 3 of the bill, section 105B of FISA, as
New section 703(c)(2) of FISA, restricts the
New section 702(c)(2) restricts the circumstances
amended: Additional authorization of
circumstances in which a surveillance device
in which a surveillance device outside the United
acquisitions of communications of non-U.S.
outside the United States may be used to
States may be used to intentionally target U.S.
persons located outside the United States who
intentionally target U.S. persons reasonably
persons reasonably believed to be outside the
may be communicating with persons inside the
believed to be outside the United States to acquire
United States to acquire certain wire and radio
United States.
certain wire and radio communications to and
communications to and from them. New section
Pursuant to FISC order, amended section 105B of
from them. New section 703(c)(2) of FISA
702(c)(2) of FISA prohibits use of a surveillance
FISA permits acquisitions for up to 1 year of
prohibits use of a surveillance device outside the
device outside the United States to intentionally

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
communications of non-U.S. persons reasonably
United States to intentionally target U.S. persons
target U.S. persons reasonably believed to be outside
believed to be outside the United States to collect
reasonably believed to be outside the United States
the United States to acquire the contents of wire and
most types of foreign intelligence information (all
to acquire the contents of wire and radio
radio communications to and from those persons
but information with respect to a foreign power or
communications to and from those persons under
under circumstances where there is a reasonable
foreign territory that relates to, and if concerning a
circumstances where there is a reasonable
expectation of privacy and a warrant would be
U.S. person is necessary to the conduct of the foreign
expectation of privacy and a warrant would be
required for law enforcement purposes within the
affairs of the United States)
required for law enforcement purposes within the
United States, unless:
by targeting those persons.
United States, unless the FISC finds probable cause
— the FISC has entered an order approving
to believe the targets are foreign powers or agents of
electronic surveillance of that U.S. person under
foreign powers and issues an ex parte order as
section 105, or in the case of an emergency situation,
requested or as modified approving the targeting of
electronic surveillance against the target is being
that person. The probable cause finding must be
conducted in a manner consistent with title I; or
based upon the basis of facts submitted in an
— the FISC has entered a order under new section
application by the AG or his designee.
703(c)(2)(B) of FISA that there is probable cause to
believe that the U.S. person is a foreign power or an
agent of a foreign power;
— the AG has established minimization procedures
for that acquisition that meet the definition of
minimization procedures under section 101(h); and
— the dissemination provisions of such
minimization procedures for the acquisition have
been approved under new section 702(c)(2)(C).
New section 702(c)(2)(B) permits the AG to submit
to the FISC his determination, together with any
supporting affidavits, that a U.S. person who is
outside the United States is a foreign power or an
agent of a foreign power. The FISC, in reviewing
such a determination, is limited to whether, on the
basis of the facts submitted by the AG, there is
probable cause to believe that the U.S. person who is

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
outside the United States is a foreign power or an
agent of a foreign power. If the FISC determines
such probable cause exists, it must issue an order
approving the acquisition. Such order shall be for 90
days, and can be renewed for additional 90 day
periods. If the FISC finds no probable cause, it shall
enter an order so stating and provide a written
statement for the record of its reasons. The
government may appeal such an order to the FISCR.
Requirements for AG/DNI certification as part of
Requirements for AG/DNI certification as
Requirements for AG/DNI certification as
an application for a FISC order or extension of an
prerequisite to an acquisition, new section 703(g)
prerequisite to an acquisition, new section 702(g)
order: Such an application must include a
of FISA: Before initiation of an acquisition, the AG
of FISA: Similar, but not identical, provisions.
certification by the DNI and the AG that satisfies
and the DNI shall provide, under oath, a written
specific requirements. The DNI and the AG must
certification attesting that:
certify:
— the targets are persons reasonably believed to be
— there are reasonable procedures in place for
— similar provision to S. 2248 (SSCI version)
outside the United States who may be
determining that the acquisition authorized is
communicating with persons inside the United
targeted at persons reasonably believed to be located
States;
outside the United States and that such procedures
have been approved by, or will promptly be
submitted for approval by, the FISC;
No similar provision.
— the procedures are consistent with the
— similar provision to S. 2248 (SSCI version)
requirements of the fourth amendment to the U.S.
Constitution and do not permit the intentional
targeting of any person who is known at the time of
acquisition to be located in the United States;

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
— the targets are reasonably believed to be persons
No similar provision, but, under new section
No similar provision, but, under new section
that are not U.S. persons;
703(c)(3), within 30 days after enactment of
702(c)(3), within 30 days after enactment of the bill,
proposed title VII of FISA, the AG must submit to
the AG must submit to the FISC the procedures to be
the FISC the procedures to be used to determine
used to determine whether a target reasonably
whether a target reasonably believed to be outside
determined to be outside the United States is a U.S.
the United States is a U.S. person. FISC approval of
person. FISC approval of the procedures is a
the procedures is a prerequisite to their use to make
prerequisite to their use to make such a
such a determination.
determination.
The government may appeal an FISC order to the
FISCR where the FISC finds the procedures do not
meet the statutory requirements. Any targeting of
persons reasonably believed to be located outside the
United States shall use the procedures approved by
the FISC.
— the acquisition involves obtaining the foreign
— the acquisition involves obtaining the foreign
— similar provision to S. 2248 (SSCI version)
intelligence information from, or with the assistance
intelligence information from or with the assistance
of, a communications service provider or custodian,
of an electronic communication service provider;
or an officer, employee, or agent of such service
provider or custodian, who has authorized access to
the communications to be acquired, either as they are
transmitted or while they are stored, or equipment
that is being or may be used to transmit or store such
communications; and
No similar provision.
— the acquisition does not constitute electronic
No similar provision.
surveillance, as limited by section 701;
— a significant purpose of the acquisition is to
— a significant purpose of the acquisition is to
Similar provision to S. 2248 (SSCI version).
obtain foreign intelligence information (as defined in
obtain foreign intelligence information; and
paragraph (1) or (2)(A) of section 101(e)).

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
An application must also include criteria for
No similar provision.
No similar provision.
determining if such a significant purpose exists.
Such criteria must require consideration of whether
the federal department or agency conducting the
acquisition has sought information on the specific
U.S. person from, or provided information that
identifies the specific U.S. person to, another federal
department or agency; and whether the federal
department or agency conducting the acquisition has
determined that the specific U.S. person has been the
subject of ongoing interest or repeated investigation
by a federal department or agency. Consideration
must also be given to whether the specific U.S.
person is a natural person.
Such application must also include a description
of —
— the procedures that will be used by the DNI and
No similar provision, but the AG/DNI certification
Similar provision to S. 2248 (SSCI version).
the AG during the duration of the order to determine
must attest that there are reasonable procedures in
that there is a reasonable belief that the targets are
place for determining that the acquisition authorized
non-U.S. persons located outside the United States;
is targeted at persons reasonably believed to be
located outside the United States and that such
procedures have been approved by, or will promptly
be submitted for approval by, the FISC.

— the nature of the information sought, including
No similar provision.
No similar provision.
the identity of any foreign power against whom the
acquisition will be directed;
— minimization procedures that meet the definition
— the minimization procedures to be used with
Similar provision to S. 2248 (SSCI version).
of minimization procedures under section 101(h) to
respect to such acquisition meet the definition of

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
be used with respect to such acquisition;
minimization procedures under section 101(h); and
have been approved by, or will promptly be
submitted for approval by, the FISC.
— guidelines to be used to ensure that an
No similar provision, but, under new section 703 of
No provision similar to this provision of H.R. 3773,
application is filed under section 104 of FISA, if
FISA, an acquisition may not intentionally target a
but new section 702 is similar to section 703 of S.
otherwise required by this Act, when a significant
person reasonably believed to be outside the United
2248 (SSCI version).
purpose of an acquisition is to acquire the
States if the purpose of the acquisition is to target for
communications of a specific U.S. person reasonably
surveillance a particular, known person reasonably
believed to be located in the United States; and
believed to be in the United States, except in
accordance with title I of FISA.
No similar provision.
The certification must be supported, as appropriate,
Similar provision to S. 2248 (SSCI version).
by the affidavit of any appropriate official in the area
of national security who is appointed by the
President, by and with the consent of the Senate; or
the head of any element of the intelligence
community.
Such an application is not required to identify the
Such a certification is not required to identify the
specific facilities, places, premises, or property at
specific facilities, places, premises, or property at
which the acquisition of foreign intelligence
which the acquisition will be directed or conducted.
information will be directed.
No similar provision. Cf., requirements for
Exception to certification requirement where
No similar provision.
emergency authorizations of acquisitions under
immediate government action required: If the AG
section 105C of FISA as amended by the bill.
and the DNI determine that immediate federal
government action is required and time does not
permit the preparation of a certification before
initiation of an acquisition, the AG and the DNI shall
prepare a certification, including such determination,
as soon as possible but in no event more than 168

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
hours after the determination is made.
The AG must transmit a copy of a certification any
supporting affidavit under seal to the FISC as soon
as possible within 5 days after such certification is
made, there to be maintained under security
measures adopted by the Chief Justice of the United
States and the AG, in consultation with the DNI.
Conduct of acquisition: Such an acquisition may
Conduct of acquisition: Such an acquisition may
be conducted only in accordance with the AG/DNI
be conducted only in accordance with the AG/DNI
certification; targeting procedures, adopted by the
certification and the required targeting and
AG in consultation with the DNI, and subject to
minimization procedures.
judicial review by the FISC, that are reasonably
designed to ensure that any such acquisition is
limited to targeting persons reasonably believed to
be outside the United States; and minimization
procedures, adopted by the AG in consultation with
the DNI, which are consistent with the definition of
minimization procedures under section 101(h) of
FISA and are subject to judicial review by the FISC.
No similar provision.
Adoption of procedures and submittal to the
Similar provision to S. 2248 (SSCI version).
FISC of targeting procedures, minimization
procedures, and certifications; judicial review:
New section 703 of FISA requires submission to the
FISC of certifications, targeting procedures, and
minimization procedures for judicial review.
— Within 30 days of enactment, the AG must
Similar provision to S. 2248 (SSCI version).
submit to the FISC procedures to be utilized in
determining whether a target reasonably believed to

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
be outside the United States is a U.S. person. These
procedures may only be used upon FISC approval.
Any targeting of persons authorized jointly by the
AG and DNI must utilize these procedures.
No similar provision.
No similar provision.
Transition procedures concerning targeting of
U.S. persons overseas, new section 702(c)(4) of
FISA:
Any authorization in effect on the date of
enactment of S. 2248, the FISA Amendments Act of
2007, under section 2.5 of Executive Order 12333 to
intentionally target a U.S. person reasonably
believed to be located outside the United States, to
acquire the contents of a wire or radio
communication sent by or intended to be received by
that U.S. person, shall remain in effect, and shall
constitute a sufficient basis for conducting such an
acquisition of a U.S. person located outside the
United States, until that authorization expires or 90
days after the date of enactment of the FISA
Amendments Act of 2007, whichever is earlier.
No similar provision.
Adoption and judicial review of targeting
Similar provision to S. 2248 (SSCI version).
procedures: The AG, in consultation with the DNI,
must adopt targeting procedures reasonably designed
to ensure that any acquisition under new subsection
703(a) of FISA is limited to targeting persons
reasonably believed to be outside the United States
The procedures are to be submitted to the FISC by
the AG within 5 days of their adoption or
amendment. The FISC shall review these procedures
to assess whether they meet this standard.

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
No similar provision.
Adoption and judicial review of minimization
Similar provision to S. 2248 (SSCI version).
procedures: The AG, in consultation with the DNI,
must adopt minimization procedures for acquisitions
under the joint AG/DNI authority under new section
703(a). These procedures must be consistent with
the requirements for minimization procedures in
section 101(h) of FISA (see glossary), and shall be
reviewed by the FISC to assess whether the
minimization procedures for acquisitions meet the
section 101(h) standard. The AG is to submit the
minimization procedures and any amendment thereto
to the FISC within 5 days of adoption or amendment.
No similar provision.
Judicial review of certifications: Certifications are
Similar provision to S. 2248 (SSCI version).
to be submitted by the AG to the FISC within 5 days
after making or amending the certification. The
FISC shall review the certification to determine
whether the certification contains all the required
elements.
If the FISC finds the certification contains all such
required elements and the targeting and
minimization procedures meet the required standards
and are consistent with the fourth amendment to the
U.S. Constitution, the court must enter an order
approving the continued use of the procedures for the
acquisition authorized under new section 703(a). If
the FISC finds any deficiencies, the court directing
the government, at the government’s election and to
the extent required by the FISC order, to either
correct any deficiency identified by the order within

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S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
30 days of issuance of the order, or to cease the
acquisition.
No similar provision.
Appeals of any FISC order to FISCR and
Similar provision to S. 2248 (SSCI version).
petitions for certiorari to the U.S. Supreme
Court:
The government may appeal any FISC order
to the Foreign Intelligence Surveillance Court of
Review (FISCR) and may file a petition for certiorari
to the U.S. Supreme Court to review an FISCR
decision. The FISC and the FISCR must provide a
written statement of the reasons for its decision.
Judicial proceedings shall be as expeditious as
possible.
All petitions are to be filed under seal. Upon the
request of the government, any government
submission or portions thereof which may include
classified information shall be reviewed ex parte and
in camera. Records of such proceedings must be
maintained under security measures adopted by the
Chief Justice of the United States in consultation
with the AG and the DNI. A directive or an order
granted under new section 703 of FISA must be
retained for at least 10 years.
New section 703(i) of FISA.
No similar provision.
Continuation of acquisition pending rehearing or
No similar provision.
appeal. Any acquisitions affected by a court order
directing correction of deficiencies or cessation of an
acquisition shall continue during the pendency of a
rehearing by the FISC en banc or any appeal to the

CRS-15
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
FISCR. See section 109(b) of the bill creating FISC
en banc authority. Section 109 of the bill gives the
FISC authority, on its own initiative, or upon the
request of the government or of a party under
sections 501(f) or new 703(h)(4) or (5) of FISA, to
hold a hearing or rehearing en banc when ordered by
a majority of the FISC judges upon a determination
that en banc consideration is necessary to secure or
maintain uniformity of the court’s decisions, or the
proceeding involves a question of exceptional
importance.
Temporary Order; appeals. At the request of the
No similar provision
No similar provision.
government, an FISC judge who has denied an
application under amended section 105B of FISA,
may issue a temporary order authorizing the
acquisition in accordance with the denied
application under section 105B of FISA during
the pendency of the appeal from the denial.
The
government may appeal the denial of a section 105B
application or a temporary order to the Foreign
Intelligence Surveillance Court of Review (FISCR),
and may seek U.S. Supreme Court review by filing
a certiorari petition.
Requirements for FISC order under section
105B(e) of FISA, as amended, approving
application:
An order issued by an FISC judge
approving an such an application authorizing the
acquisition of the contents of such communications

CRS-16
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
must comply with requirements for the
communications service provider; the federal
government; and for the applicant.
Requirements for the communications service
Directives to electronic communications service
Similar provision to S. 2248 (SSCI version), new
provider:
provider in connection with an acquisition
section 702(h) of FISA.
The order must require the communications service
authorized jointly by the AG and the DNI, new
provider or custodian, or officer, employee, or agent
section 703(h) of FISA: The AG and the DNI may
of such service provider or custodian, who has
direct in writing an electronic communication
authorized access to the information, facilities, or
service provider, as defined in new section 701 of
technical assistance necessary to accomplish the
FISA, to
acquisition to provide such information, facilities, or
immediately provide the government with all
technical assistance necessary to accomplish the
information, facilities, or assistance necessary to
acquisition produce a minimum of interference with
accomplish the acquisition in a manner that will
the services that provider, custodian, officer,
protect the secrecy of the acquisition and produce a
employee, or agent is providing the target of the
minimum of interference with the services that such
acquisition; and to maintain any records concerning
electronic communication service provider is
the acquisition or the aid furnished under security
providing to the target; and to maintain under
procedures approved by the AG and the DNI.
security procedures approved by the Attorney
General and the Director of National Intelligence any
records concerning the acquisition or the aid
furnished that such electronic communication service
provider wishes to maintain.
Requirements for the federal government: The
order must direct the federal government to:
— compensate, at the prevailing rate, a person for
Compensation — the federal government shall
Similar provision to S. 2248 (SSCI version), new
providing information, facilities, or assistance
compensate, at the prevailing rate, an electronic
section 702(h)(2) of FISA.
pursuant to such order;
communication service provider for providing
information, facilities, or assistance.

CRS-17
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
— provide that person with a copy of the portion of
the order directing the person to comply with the
order (cf., Sec. 19(a) of the bill, imposing a similar
requirement under section 102(a) of FISA, 50 U.S.C.
§ 1802(a) and section 105(c)(2) of FISA, 50 U.S.C.
§ 1805(c)(2); and Sec. 4 of the bill, amending section
105C(b) of FISA imposing a similar requirement in
emergency authorization context); and
— provide a certification stating that the acquisition
is authorized under section 105B of FISA, as
amended, and that all requirements of this section
have been met (cf., Sec.19(a) of the bill, imposing a
similar requirement under section 102(a) of FISA, 50
U.S.C. § 1802(a), and Sec. 4 of the bill, amending
section 105C(b) of FISA imposing a similar
requirement in emergency authorization context).
Requirements for the applicant for the order:
The order must direct the applicant for the order to
follow the procedures, as proposed or as modified by
the judge, to be used by the AG and the DNI during
the duration of the order to determine that there is a
reasonable belief that the targets of the acquisition
are non-U.S. persons located outside the United
States; the minimization procedures; and the
guidelines to ensure that an application is filed under
section 104, if otherwise required by this Act, when
a significant purpose of an acquisition is to acquire
the communications of a specific U.S. person
reasonably believed to be located in the United

CRS-18
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
States.
No similar provision.
Challenging of directives: Permits an
Similar to S. 2248 (SSCI version), new section
electronic communication service provider receiving
702(h)(4) of FISA.
such a directive to challenge it by filing a petition to
modify it or set it aside with the FISC. Within 24
hours, the presiding judge of the FISC would assign
the petition to a judge of the FISC petition review
pool established under section 103(e)(1) of FISA, 50
U.S.C.§ 103(e)(1).
Standard of review: The judge considering the
Similar to S. 2248 (SSCI version), new section
petition to modify or set aside a directive may grant
702(h)(4)(C).
it only if the judge finds that the directive does not
meet the requirements of new section 703(h)(4)(C)
of FISA or is otherwise unlawful. Otherwise, the
judge shall immediately affirm such directive, and
order the recipient to comply with it. The judge shall
provide a written statement for the record of the
reasons for his or her determination. Any directive
not explicitly modified or set aside under this
paragraph shall remain in full effect.
Enforcement of FISC order affirming, modifying,
Similar provision to S. 2248 (SSCI version), new
or setting aside a directive: The FISC may punish
section 702(h)(5)(D) of FISA.
a failure to obey an FISC order issued under this
paragraph as contempt of court.
Service of process: Any process under this
Similar provision to S. 2248 (SSCI), new section
paragraph may be served in any judicial district in
702(c)(4)(E) of FISA.
which the electronic communication service provider

CRS-19
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
may be found. New section 703(c)(4)(E) of FISA.
Appeal to the FISCR of an FISC order affirming,
Similar provision to S. 2248 (SSCI version.) New
modifying, or setting aside a directive, or
section 702(c)(6).
punishing failure to obey such an order: An
appeal to the FISCR may be filed within 7 days of
the FISC order by the government or an electronic
communication service provider receiving such a
directive. The FISCR shall have jurisdiction to
consider such a petition and shall provide a written
statement for the record of the reasons for a decision
under this paragraph. New section 703(c)(6) of
FISA.
Certiorari to the U.S. Supreme Court: The
Similar provision to S. 2248 (SSCI version), new
government or an electronic communication service
section 702(c)(6)(B) of FISA.
provider receiving a such a directive may petition the
U.S. Supreme Court for review of an such an FISCR
decision The record for such review shall be
transmitted under seal to the Supreme Court, which
shall have jurisdiction to review such decision. New
section 703(c)(6)(i) of FISA.
Enforcement of section 105B order: The AG may
Enforcement of new section 703(h) directives: In
Similar provision to S. 2248 (SSCI version), new
seek the aid of the FISC to enforce compliance
a case of failure to comply with such a directive, the
section 702(h)(5) of FISA.
with an order under section 105B, as amended.
AG may petition the FISC for an order to compel
Failure to obey such a court order may be
compliance. The presiding judge of the FISC shall
punished by contempt of court. In addition,
assign the case to a judge of the petition review pool
service of process may be made in any judicial
of the FISC.
district in which the person may be found.

CRS-20
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Limitation on liability for those furnishing aid to
Release f rom liability for electronic
Similar provision to S. 2248 (SSCI version), new
the government pursuant to an order under
communication service providers who furnish aid
section 702(h)(3) of FISA.
section 105B of FISA, as amended. No cause of
to the government pursuant to such a directive:
action shall lie in any court against any person for
Notwithstanding any other law, no cause of action
providing any information, facilities, or assistance in
shall lie in any court against any electronic
accordance with an order issued under such an order.
communication service provider for providing any
information, facilities, or assistance in accordance
with such a directive.
Retention of section 105B order: The DNI and the
Maintenance of records under new section 703(k):
Similar provision, new section 703(k) of FISA,
FISC shall retain an order issued under section 105B
A record of a proceeding under this section,
maintenance of records under new section 702(k).
of FISA, as amended, for 10 years.
including petitions filed, orders granted, and
statements of reasons for decision, shall be
maintained under security measures adopted by the
Chief Justice of the United States, in consultation
with the AG and the DNI.
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.
Directives made or orders
granted under new section 703 must be retained for
at least 10 years.
FISC assessment of compliance with a section
No similar provision, but see, new sections
No similar provision, but see, new sections
105B order: At least quarterly during the pendency
703(l)(3)(A) and 703(l)(3)(C) of FISA. New section
702(l)(3)(A) and 702(l)(3)(C).
of an order or an extension of a order, the FISC must
703(l)(3)(A) requires the head of each element of the
assess compliance with its order and review the
intelligence community conducting an acquisition
circumstances under which information concerning
under new section 703(a) to conduct an annual
U.S. persons was acquired, retained, and
review of the acquisition to determine whether there

CRS-21
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
disseminated.

is reason to believe that
foreign
intelligence
information has been or will be obtained from the
acquisition, and to provide that review to the FISC.
This review shall provide, with respect to such
acquisitions, the number of disseminated intelligence
reports containing a reference to a U.S. person
identity; the number of U.S. 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;
and the number of targets that were later determined
to be located in the United States and the number of
persons located in the United States whose
communications were reviewed. Such review is to
be used by the head of each such element of the
intelligence community to evaluate the adequacy of
the minimization procedures utilized by such
element or the application of the minimization
procedures to a particular acquisition authorized
under new subsection 703(a) of FISA.
New section 703(l)(3)(C) requires the head of each
such element of the intelligence community to
provide a copy of its annual report to the FISC.
See also, new section 703(l)(1) of FISA, which
provides that at least semiannually, the IGs of DOJ
and any element of the intelligence community
authorized to acquire foreign intelligence
information under new section 703(a) must assess
compliance with targeting and minimization
procedures and submit each assessment to the FISC,

CRS-22
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
HPSCI and SSCI.
No similar provision.
Sec. 104 of the bill, amending section 104 of FISA,
Similar provision to S. 2248 (SSCI version), Sec.
50 U.S.C. § 1804, regarding applications for FISC
104 of the bill, amending section 104 of FISA, 50
orders authorizing electronic surveillance: This
U.S.C. § 1804.
provision makes a series of amendments to the
requirements for applications for FISC orders
approving applications authorizing electronic
surveillance under FISA. Paragraphs 104(a)(2) and
(11), and subsection (b) are deleted, with the
surrounding provisions redesignated to reflect the
absence of these provisions. Redesignated section
104(a)(6) is amended to add the Deputy Director of
the FBI, if designated by the President as a certifying
official, to the list of those permitted to make a
certification required as part of the application.
Redesignated section 104(d) of FISA is amended to
add the Director of the CIA to the list of those who
may request in writing that the AG personally review
an application for electronic surveillance of a target
described under section 101(b)(2) of the FISA.

CRS-23
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 4 of the bill, amending section 105C of FISA:
Sec. 105(6) of the bill, amending section 105(e)(1)-
Sec. 101(a)(2) of the bill, new section 702(c)(2)(D)
Emergency authorization of acquisitions of
(6) of FISA, 50 U.S.C. § 1805(e)(1)-(6) (formerly
o f F I S A : E m e r g e n c y p r o c e d u r e s :
communications of persons outside the United
section 105(f) as redesignated by Sec. 105(5) of the
Notwithstanding any other provision of this title, the
States who may be communicating with persons
bill): Emergency authorization of electronic
AG may authorize the emergency employment of
inside the United States: Under section 105C of
surveillance: Notwithstanding any other provision
electronic surveillance for up to72 hours while an
FISA, as amended by the bill, the AG and the DNI
of this title, the AG may authorize the emergency
FISC order authorizing the surveillance is sought, if
may jointly authorize an emergency acquisition of
employment of electronic surveillance for up to 168
statutory criteria are met:
foreign intelligence information as defined in section
hours while an FISC order authorizing the
101(e)(1) and (2)(A) of FISA (see glossary) for up to
surveillance is sought, if statutory criteria are met:
45 days if the DNI and the AG jointly determine
that the statutory criteria have been met:
— these include a requirement that the AG and DNI
— these include a requirement that the AG
jointly determine that an emergency situation exists
determine that an emergency situation exists with
— the AG must reasonably determine that an
with respect to an authorization for an acquisition
respect to the employment of electronic surveillance
emergency situation exists with respect to the
under section 105B before an order approving the
to obtain foreign intelligence information before an
employment of electronic surveillance to obtain
acquisition under such section can with due diligence
order authorizing such surveillance can with due
foreign intelligence information before an order
be obtained; and requirements similar to those
diligence be obtained;
authorizing such surveillance can with due diligence
required for an application for a section 105B
be obtained
authorization, and
— the AG must also determine that the factual basis
— the AG must also reasonably determine that the
for issuance of an order under title I of FISA to
factual basis for issuance of an order under new
approve such electronic surveillance exists;
section 702(c)(2)(B) to approve such an acquisition
exists
— the AG must make a section 104 application to
— as soon as practicable within 72 hours after the
an FISC judge as soon as practicable, but not later
AG authorizes an emergency acquisition, the AG
than 168 hours after the Attorney General authorizes
must submit a request in accordance with new
such surveillance;
section 702(c)(2)(B) of FISA to the FISC judge who

was notified at the time the decision to employ

CRS-24
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
emergency acquisition was made
— the DNI and the AG, or their designees must
— the AG must inform, either personally or through
— the AG must inform an FISC judge at the time of
inform an FISC judge having jurisdiction to approve
a designee, a judge having jurisdiction under section
such authorization that the decision has been made to
an acquisition under section 105B at the time of the
103 at the time of such authorization that the
employ an emergency acquisition
authorization under this section that the decision has
decision has been made to employ emergency
been made to acquire foreign intelligence
electronic surveillance; and
information.
— if the AG authorizes such emergency
— the AG must require that minimization
employment of electronic surveillance under
procedures meeting the definition of minimization
paragraph, he shall require that the minimization
procedures under section 101(h) be followed.
procedures required by this title for the issuance of
a judicial order be followed.
Effect of absence of judicial order approving such
Effect of absence of judicial determination finding
electronic surveillance: In the absence of a judicial
probable cause: In the absence of a judicial
order approving such electronic surveillance, the
determination finding probable cause to believe that
surveillance shall terminate when the information
the U.S. person that is the subject of an emergency
sought is obtained, when the application for the order
employment of an acquisition is a foreign power or
is denied, or after the expiration of 168 hours from
an agent of a foreign power, the emergency
the time of authorization by the Attorney General,
employment of such an acquisition shall terminate
whichever is earliest.
when the information sought is obtained, when the
request for a determination is denied, or after the
expiration of 72 hours from the time of authorization
by the Attorney General, whichever is earliest.
Limitations on use of information from
Limitations on use of information from
surveillance if application denied or surveillance
surveillance if the Court determines that there is
terminated without issuance of a court order
not probable cause to believe that a U.S. person is
approving it: If such an application is denied or the
a foreign power or an agent of a foreign power:

CRS-25
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
electronic surveillance is terminated and no order is
If the Court determines that there is not probable
issued approving the surveillance, no information
cause to believe that a U.S. person is a foreign power
obtained or evidence derived from such surveillance
or an agent of a foreign power in response to a
shall be received in evidence or otherwise disclosed
request for a determination under clause
in any trial, hearing, or other proceeding in or before
702(c)(2)(D)(i)(III), or in any other case where the
any authority of the United States, a State, or
emergency employment of an acquisition under this
political subdivision thereof, and no information
subparagraph is terminated and no determination
concerning any U.S. person acquired from such
finding probable cause is issued, no information
surveillance shall subsequently be used or disclosed
obtained or evidence derived from such acquisition
in any other manner by federal officers or employees
shall be received in evidence or otherwise disclosed
without the consent of such person, except with the
in any trial, hearing, or other proceeding in or before
approval of the AG if the information indicates a
any other authority of the United States, a state, or
threat of death or serious bodily harm to any person.
political subdivision thereof, and no information
The AG shall assess compliance with these
concerning any U.S. person acquired from such
requirements.
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 AG if the information indicates a
threat of death or serious bodily harm to any person.
Judicial review of a denial of an application to
Similar provision to S. 2248 (SSCI version).
approve an emergency authorized electronic
surveillance:
A denial may be reviewed by the
FISCR, and by the U.S. Supreme Court on a
certiorari petition.
See also, Sec. 104 of the bill, amending section 104
Similar provisions.
of FISA provisions for application for FISC orders
approving electronic surveillance; and Sec. 107 of
the bill, making similar changes to the physical
search application and order provisions of FISA,

CRS-26
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
section 303 and 304 of FISA, 50 U.S.C. §§ 1823 and
1824 of FISA; cf. Sec. 108 of the bill, amending
section 403 of FISA, 50 U.S.C. § 1843, regarding the
installation and use of pen registers or trap and trace
devices.
No similar provision.
Sec. 105 of the bill, amending section 105 of FISA
Sec. 105(7) of FISA, adding new subsection 105(i),
to add a new subsection (i), 50 U.S.C. 1805(i)
50 U.S.C. § 1805(i): Similar provision to section
(former section 105(i) of FISA was redesignated
105(i) in S. 2248 (SSCI version).
section 105(h) by Sec. 105(5) of the bill): Adding
pen registers and trap and trace devices, at
applicant’s request, to orders approving
electronic surveillance:
When an order approving
electronic surveillance under FISA is approved, the
FISC judge, upon request of the applicant, shall also
authorize installation and use of pen registers and
trap and trace devices and direct disclosure of
information set forth in section 402(d)(2) of FISA,
including the identity, if known, of the target of the
investigation; the identity, if known, of the person to
whom the phone line or other facility to which the
pen register or trap and trace device is to be attached
or applied is leased or in whose name it is listed; the
attributes of the communications to which the order
applies.
No similar provision.
Sec. 106 of the bill, amending section 106(i) of
Sec. 106 of the bill, amending section 106(i) of
FISA, 50 U.S.C. § 1806(i), expands from “radio
FISA, 50 U.S.C. § 1806(i): similar provision to S.
communications” to “communications” the
2248 (SSCI version).
application of this provision dealing with destruction
upon recognition of the unintentionally acquired
contents of communications acquired by a
surveillance device, unless the AG determines that

CRS-27
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
the contents indicate a threat of death or serious
bodily harm to any person.
Under new section 704 of FISA, information
Similar provision, new section 703 of FISA.
acquired from an acquisition conducted under new
section 703 of FISA shall be deemed to be
information acquired from an electronic surveillance
under title I of FISA for purposes of section 106 of
FISA, except for the purposes of section 106(j) of
FISA. Section 106 of FISA deals with use of
information obtained or derived from electronic
surveillance under FISA. Section 106(j) deals with
notification of emergency employment of electronic
surveillance, contents, postponement.
No similar provision.
Sec. 107 of the bill, amending section 303 of FISA,
Sec. 107 of the bill, amending section 303 of FISA,
50 U.S.C. § 1823, regarding applications for FISC
50 U.S.C. § 1823, regarding applications for FISC
orders authorizing physical searches to gather
orders authorizing physical searches to gather
foreign intelligence information under FISA, and
foreign intelligence information under FISA, and
section 304 of FISA, 50 U.S.C. § 1824, dealing
section 304 of FISA, 50 U.S.C. § 1824, dealing
with FISC orders approving physical searches:
with FISC orders approving physical searches:
This provision makes a series of amendments to the
Similar provision to Sec. 107 in S. 2248 (SSCI
requirements for applications for FISC orders
version).
approving applications authorizing physical searches
under FISA and for FISC orders approving such
physical searches. Paragraphs 303(a)(2), and section
304(a)(1) are deleted, with the surrounding
provisions redesignated to reflect the absence of
these provisions. Redesignated section 303(a)(6) is
amended to add the Deputy Director of the FBI, if
designated by the President as a certifying official, to
the list of those permitted to make a certification
required as part of the application. Redesignated

CRS-28
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
section 303(d)(1)(A) of FISA is amended to add the
Director of the CIA to the list of those who may
request in writing that the AG personally review an
application for physical search of a target described
under section 101(b)(2) of the FISA.
Sec. 107(b)(2) amends section 304(e) of FISA,
dealing with emergency employment of a physical
search pursuant to AG authorization while an FISC
order is sought approving the search, similarly to the
way section 105 of the bill amends section 105(e) of
FISA. It extends from 72 hours to 168 hours the
period within which an application for an FISC order
must be filed after the AG’s authorization of
emergency employment of a physical search. It also
provides that, in the absence of a court order
approving the search, such search shall terminate at
the earlier of the date on which the information
sought was obtained, the date when the application
for a court order was denied, or the expiration of 168
hours from the time of the AG authorization.
No similar provision.
Sec. 108 of the bill amends section 403 of FISA, 50
Sec. 108 of the bill, amendments to section 403 of
U.S.C. § 1843, dealing with emergency installation
FISA regarding emergency installation and use of
and use of pen registers or trap and trace devices
pen registers or trap and trace devices under
under FISA. Sec. 108 of the bill amends section
FISA: similar to Sec. 108 of the S. 2248 (SSCI
403 of FISA, 50 U.S.C. § 1843, to extend from 48 to
version).
168 hours the period after an emergency
authorization by the AG of installation and use of a
pen register or trap and trace device is permitted
while an application is filed pursuant to section 402
of FISA, 50 U.S.C. § 1842, seeking court
authorization of the pen register or trap and trace

CRS-29
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
device. In the absence of an order approving the
installation and use of the pen register or trap and
trace device, that installation and use must terminate
at the earlier of when the information sought is
obtained; when the application for the order is
denied; or 168 (formerly 48) hours after the time of
the emergency authorization by the AG.
AG directives to those furnishing aid under
No similar provision in the bill, but see, section
emergency authorization under section 105C of
105(c)(2)(B)-(D) of FISA regarding directions to
FISA: The AG may direct a communications service
specified communication or other common carrier,
provider or custodian, or an officer employee or
landlord, custodian, or other specified person to
agent thereof, who has lawful authority to access the
furnish aid to the government in connection with
information, facilities, or technical assistance needed
electronic surveillance under an FISC orders
to accomplish the acquisition to: furnish the AG
approving electronic surveillance. See also, section
forthwith with such aid in a manner that will protect
105(h) of FISA, 50 U.S.C. § 1805(h) (formerly
the secrecy of the acquisition and produce a
section 105(i) of FISA, redesignated by Sec. 105(5)
minimum of interference with the services they
of the bill) barring causes of action in any court
provide to the target of the acquisition; and to
against any provider of a wire or electronic
maintain any records concerning the acquisition or
communication service, landlord, custodian, or other
aid furnished under security procedures approved by
person that furnishes aid to the government in
the AG and DNI.
accordance with a court order or request for
emergency assistance under FISA for electronic
surveillance or physical search.

CRS-30
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Documentation and 2 certifications to be provided
No similar provision, but see the requirements for
No similar provision, but see the
by the AG to those furnishing aid under
the AG to authorize emergency employment of
requirements for the AG to authorize emergency
emergency authorization: The AG shall provide to
electronic surveillance in section 105(e)(1)-(5) of
employment of acquisitions in section 105(e)(1)-(5)
any person providing assistance under such a
FISA, 50 U.S.C. § 1805(e)(1)-(5) (formerly section
of FISA (formerly section 105(f) of FISA,
directive with:
105(f) of FISA, redesignated by Sec. 105(5) of the
redesignated by Sec. 105(5) of the bill).
— a document setting forth the parameters of the
bill).
directive;
— a certification stating that an emergency
authorization has been issued under section 105C of
FISA as amended by the bill, all requirements of
section 105C have been met, an FISC judge has been
informed by the AG and the DNI or their designees
of the emergency authorization in accordance with
section 105C(b)(2), and an application for
authorization of the acquisition will be submitted to
the FISC under section 105C(a) of FISA; and
— a certification that the recipient shall be
compensated at the prevailing rate for aid furnished
pursuant to such directive.
Sec. 5 of the bill, new section 105D of FISA:
New section 703(l) of FISA deals with oversight,
Similar provision, new section 703(l) of FISA,
Congressional oversight of acquisitions of non-
including congressional oversight, of procedures
dealing with oversight, including congressional
U.S. persons located outside the United States
for acquisition of communications of persons
oversight, of procedures for acquisition of
who may be communicating with persons inside
reasonably believed to be located outside the
communications of persons reasonably believed to
the United States:
United States to acquire foreign intelligence
be located outside the United States to acquire
information, while Sec. 103 of the bill addresses
foreign intelligence information, while Sec. 103 of
(a) Applications, procedures, orders: Within 7
submittal to Congress of certain FISC orders: At
the bill addresses submittal to Congress of certain
days after submission of a section 105B(a)
least semiannually under new section 703(l)(4) of
FISC orders.
application or issuance of an FISC order under
FISA, the AG is required to fully inform, in a
section 105B(e) approving such application, the DNI
manner consistent with national security, the
and the AG must submit to the House Permanent
congressional intelligence committees, and the
Select Committee on Intelligence (HPSCI), the
House and Senate Judiciary Committees, concerning
Senate Select Committee on Intelligence (SSCI), and
implementation of S. 2248. Each report is to include

CRS-31
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
the House and Senate Judiciary Committees:
any certifications made under new section 703(g) of
— in the case of an application, a copy of the
FISA during the reporting period; any directives
application, including certification made under
made under new section 703(h) of FISA during the
section 105B(e)(1), and a description of the primary
reporting period; judicial review of such
purpose of the acquisition for which the application
certifications and targeting and minimization
was submitted; and
procedures utilized with respect to such acquisition,
— in the case of an order, a copy of the order,
including a copy of any order or pleading in
including the procedures and guidelines referred to
connection with such review that contains significant
in section 105B(e)(1)(E) (procedures to be used by
legal interpretation of the provisions of FISA; any
the AG and DNI to determine that there is reasonable
actions taken to challenge or enforce a directive
belief that the targets of the acquisition are outside
under paragraphs (4) or (5) of subsection (h); any
the United States and not U.S. persons; minimization
compliance reviews conducted by the Department of
procedures; and guidelines to be used to ensure that
Justice or the Office of the Director of National
a section 104 application will be filed, if otherwise
Intelligence of acquisitions authorized under
required by FISA, when a significant purpose of an
subsection (a); a description of any incidents of
acquisition is to acquire the communications of a
noncompliance with a directive issued by the
specific U.S. person reasonably believed to be
Attorney General and the Director of National
located outside the United States).
Intelligence under subsection (h), including
incidents of noncompliance by an element of the
intelligence community with targeting or
minimization procedures; and incidents of
noncompliance by a specified person to whom the
AG and DNI issued a directive under subsection (h);
any procedures implementing this section; and any
annual review conducted pursuant to paragraph
703(l)(3).
Sec. 103 of the bill, amending section 601(a)(5) of
Similar provision, Sec. 103 of the bill, amending
FISA, 50 U.S.C. § 1871(a)(5), requires the
section 601(a)(5) of FISA, 50 U.S.C. § 1871(a)(5).
semiannual reports of the AG submitted to HPSCI,
SSCI, and the House and Senate Judiciary
Committees under this section to include, in part, all

CRS-32
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
FISC or FISCR orders, as well as decisions or
opinions of such courts, that include significant
construction or interpretation of the provisions of
FISA.
(b) Regular audits by the Inspector General (IG)
Assessments under new section 703(l)(2) of FISA
Similar provision to S. 2248 (SSCI version), new
of U.S. Department of Justice (DOJ): Within 120
by the IGs of DOJ and of any element of the
section 702(l)(2) of FISA.
days of enactment of new section 105D, the IG of
intelligence community authorized to acquire
DOJ must complete an audit on implementation and
foreign intelligence information under new
compliance with the procedures and guidelines
section 703(a) of FISA: These IGs are to review
referred to in section 105B(e)(1)(E) and submit to
compliance of their agency or element with targeting
the HPSCI, SSCI, and House and Senate Judiciary
and minimization procedures; with respect to new
Committees, the AG, the DNI, and the FISC, the
section 703(a) acquisitions, the number of U.S.
audit results,
person identities disseminated in intelligence reports
including, for each order authorizing acquisition of
or in response to subsequent requests for identities
foreign intelligence information under section 105B:
that were not referred to by name or title in the
— the number of targets of an acquisition later
original reporting; and, with respect to such
determined to be located in the United States;
acquisitions, the number of targets later determined
— the number of persons located in the United
to be located in the United States and the number of
States whose communications have been acquired
persons located in the United States whose
under such order;
communications were reviewed. These assessments
— the number of reports disseminated containing
are to be disseminated to the AG, the DNI, and the
information on a U.S. person that was collected
congressional intelligence committees.
under such order;
— the number of applications submitted for
New section 703(l)(3) of FISA requires similar
Similar provision to S. 2248 (SSCI version), new
approval of electronic surveillance under section 104
information to be included in annual reviews
section 702(l)(3) of FISA.
for targets whose communications were acquired
conducted by the head of an element of the
under the order.
intelligence community conducting an acquisition
authorized under new section 703(a) of FISA. These
The report to these congressional committees and to
are used by the elements to evaluate adequacy of
the FISC must be submitted by the AG within 30
minimization procedures used by the element or
days after completion of the audit.
application of such procedures to a particular

CRS-33
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
authorized acquisition. These annual reviews are to
be provided to the FISC, but are also included in the
AG’s semiannual reports to the congressional
intelligence committees and the House and Senate
Judiciary Committees under new section 703(l)(4),
discussed above.
(c) Compliance reports: Within 60 days of
Incidents of non-compliance in connection with
Similar provision to S. 2248 (SSCI version), new
enactment of new section 105D, and every 120 days
acquisitions under new section 703 of FISA by
section 702(l)(4) of FISA.
thereafter, the DNI and the AG must submit to the
elements of the intelligence community or by those
HPSCI, SSCI, and House and Senate Judiciary
receiving directives to furnish aid to the government
Committees and the FISC a report concerning
with respect to such acquisitions are included in the
incidents of non-compliance by an element of the
AG’s semiannual reports to the HPSCI, the SSCI,
intelligence community or by a person furnishing aid
and the House and Senate Judiciary Committees
to the government with an order issued under section
under new section 703(l)(4) of FISA.
105B(e) approving an application authorizing
acquisition of the contents of communications of
non-U.S. persons outside the United States who may
be communicating with persons inside the United
States Report covers non-compliance by an element
of the intelligence community with procedures or
guidelines referred to in section 105B(e)(1)(E), or
non-compliance with a directive by a person
furnishing aid to the government under such an
order.
(d) Annual report on emergency authority: The
No similar provision.
No similar provision.
DNI and the AG must submit annual reports to the
HPSCI, SSCI, and House and Senate Judiciary
Committees containing the number of section 105C
emergency authorizations and descriptions of any
incidents of non-compliance with such emergency

CRS-34
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
authorizations.
Sec. 6 of the bill, new section 105E of FISA:
No similar provision, but the frequency of
Similar provisions to those referred to in S. 2248
Dissemination of communications of non-U.S.
dissemination of U.S. person identity information is
(SSCI version).
persons located outside the United States who
tracked in the agency assessments required under
may be communicating with persons in the United
new section 703(l)(2); in the annual review by the
States: Disclosure or dissemination of the contents
heads of elements of the intelligence community
of communications collected under an acquisition
conducting an acquisition authorized under section
under section 105B of FISA or an emergency
703(l)(3); and, by virtue of the inclusion of such
authorization under section 105C of FISA, and
annual reviews in the semiannual reports to congress
intelligence reports based on such contents, with
under new section 703(l)(4). Cf., minimization
information that identifies any U.S. person, is
procedures adopted by the AG, in consultation with
prohibited unless a federal officer or employee
the DNI, under new section 703(f) of FISA, which
whose basic pay rate is not less than the minimum
must be consistent with the requirements of section
rate payable under 5 U.S.C. § 5382 (relating to rates
101(h) of FISA (see glossary).
of pay for the Senior Executive Service) determines
that the identity of the U.S. person is necessary to
understand the foreign intelligence collected under
section 105B or section 105C or assess the
importance of such information; and to protect U.S.
national security, U.S. citizens, employees or
officers; or members of the U.S. Armed Forces.

CRS-35
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 7 of the bill, new subsection 103(g) of FISA:
Sec. 109 of the bill, amending section 103(a) of
Sec. 109(b) of the bill, amending section 103(a) of
FISC en banc: In any case where the FISC or an
FISA: FISC en banc: As amended, section 103(a)
FISA: FISC en banc: Similar provision to that in S.
FISC judge is required to review a matter under
of FISA provides that the FISC may, on its own
2248 (SSCI version).
FISA, the FISC may, at the discretion of the court,
initiative, or upon the request of the government in
sit en banc to review the matter and issue any orders
any proceeding or a party under section 501(f) or
related thereto.
section 703(h)(4) or (5), hold a hearing or rehearing
en banc, when ordered by a majority of the FISC
judges upon a determination that en banc
consideration is necessary to secure or maintain
uniformity of the court’s decisions; or the proceeding
involves a question of exceptional importance. The
court en banc may exercise any authority granted by
FISA to an FISC judge.
Sec. 109(b)(2) of the bill makes conforming
amendments to section 103(a) of FISA, 50 U.S.C. §
1803(a), and section 302(c) of FISA, 50 U.S.C. §
1833(c).
Sec. 8 of the bill, other FISC matters:
Sec. 109(a) and (c) and Sec. 110 of the bill, other
Sec. 109(a) of the bill, FISC: Sec. 109(a) of the bill
This section increases the size of the FISC from 11
FISC matters: Sec. 109(a) of the bill amends
amends section103(a) of FISA, 50 U.S.C. § 1803(a)
judges to 15, and permits such judges to be drawn
section 103(a) of FISA, 50 U.S.C. § 1803(a) to
to permit FISC judges to be drawn from “at least”
from “at least” seven of the U.S. judicial circuits. It
permit FISC judges to be drawn from “at least”
seven of the U.S. judicial circuits.
also makes certain non-substantive changes to
seven of the U.S. judicial circuits.
section 103(a) of FISA, 50 U.S.C.§ 1803(a).
It also adds a new sentence to that subsection
No similar provision.
requiring an FISC judge, within 24 hours of receipt
of an application by the FISC, to make a
determination to approve, deny, or modify an
application submitted under sections 105(f), 304(e)
or 403, 50 U.S.C. §§ 1805(f), 1824(e), and 1843,
with respect to an electronic surveillance, physical
search, or installation and use of a pen register or

CRS-36
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
trap and trace device commenced under an
emergency authorization.
No similar provision.
Sec. 109(c) of the bill amends section 103 of FISA to
Similar provision to S. 2248 (SSCI version), Sec.
redesignate subsection (f) as subsection (g) and to
109(c) of the bill, amending section 103(f)(1) and (2)
insert a new subsection (f) permitting a judge of the
of FISA.
FISC, the FISCR or a judge of that court, or the U.S.
Supreme Court or a justice of that court, to, in
accordance with the rules of their respective courts,
enter a stay of an order or an order modifying an
order of the FISC or the FISCR entered under any
title of FISA, while the FISC conducts a rehearing,
while an appeal is pending before the FISCR, or
while a petition of certiorari is pending in the U.S.
Supreme Court, or during the pendency of any
review by that court. This authority is to apply to an
order entered under any FISA provision.
Sec. 110 of the bill makes technical and conforming
Similar provision to S. 2248 (SSCI version), Sec.
amendments to section 103(e) of FISA. As
111 of the bill.
amended, the section would address the jurisdiction
of the FISC petition review pool over petitions filed
pursuant to “sections 501(f)(1) or 703” of FISA, and
publication of rules of procedure to govern its review
of such petitions. This replaces language reflecting
the enactment of P.L. 110-55 on August 5, 2007,
which referred to petitions filed under “sections
105B(h) and 501(f)(1)” of FISA. Section 105B is
among the sections to be repealed by Sec. 302(b) of
S. 2248.
Sec. 9 of the bill, reiteration of FISA as exclusive
Sec. 102 of the bill, adding new section 112 to
Sec. 102 of the bill, adding new section 112 to
means by which electronic surveillance may be
FISA: Statement of exclusive means by which
FISA: Statement of exclusive means by which

CRS-37
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
conducted for gathering foreign intelligence
electronic surveillance and interception of
electronic surveillance and interception of certain
information, with one exception: Provides that,
domestic communications may be conducted:
communications may be conducted: New section
notwithstanding any other provision of law, FISA
112(a) of FISA provides that FISA shall be the
shall be the exclusive means by which electronic
exclusive means for targeting U.S. persons for the
surveillance may be conducted for the purpose of
purpose of acquiring their communications or
gathering foreign intelligence information, until
communications information for foreign intelligence
specific statutory authorization for electronic
purposes, whether such persons are inside the United
surveillance, other than an amendment to FISA, is
States or outside the United States, except in cases
enacted. Such specific authorization shall be the
where specific statutory authorization exists to
only exception.
obtain communications information without an order
under FISA.
New section 112 of FISA provides that “Chapters
New section 112(b) of FISA, provides that chapters
119 and 121 of title 18, United States Code, and
119 and 121 of title 18, United States Code, and
[FISA] shall be the exclusive means by which
FISA shall be the exclusive means by which
electronic surveillance (as defined in section 101(f),
electronic surveillance and the interception of
regardless of the limitation of section 701) and the
domestic wire, oral, or electronic communications
interception of domestic wire, oral, or electronic
may be conducted.
communications may be conducted.”
Under new subsection 112(c) of FISA, subsections
112(a) and (b) shall apply unless specific statutory
authorization for electronic surveillance, other than
as an amendment to FISA, is enacted. Such specific
statutory authorization shall be the only exception to
subsections 112 (a) and (b) of FISA.
(b) Conforming Amendments-
18 U.S.C. § 2511(2)(a) is amended by adding at the
end a requirement that a certification under 18
U.S.C. § 2511(2)(a)(ii)(B) for assistance to obtain

CRS-38
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
foreign intelligence information shall identify the
specific provision of the FISA that provides an
exception from providing a court order, and shall
certify that the statutory requirements of such
provision have been met.
Conforming amendments are made to the FISA table
of contents.
Section 10 of the bill, enhancement of wartime
No similar provision.
No similar provision.
authority: FISA currently provides for the use of
electronic surveillance, physical search, and
installation and use of pen registers and trap and
trace devices without a court order under FISA to
gather foreign intelligence information for 15
calendar days after a declaration of war by Congress
under sections 111, 309 and 404 of FISA, 50 U.S.C.
§ 1811, 1829, and 1844. Section 10 would amend
each of these sections to permit the use of each of
these investigative techniques without a court order
under FISA to collect foreign intelligence
information for 15 calendar days after a declaration
of war by Congress “or an authorization for the use
of military force described in section 2(c)(2) of the
War Powers Resolution, 50 U.S.C. § 1541(c)(2), if
such authorization contains a specific authorization
for foreign intelligence collection under this section,
or if the Congress is unable to convene because of an
attack upon the United States.”
Sec. 11 of the bill, audit of warrantless
No similar provision.
Sec. 110 of the amendment in the nature of a
surveillance programs conducted on or after
substitute to S. 2248 is similar to Sec. 11 of H.R.
September 11, 2001, including the Terrorist
3773.
Surveillance Program: Within 180 days of

CRS-39
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
enactment of the RESTORE Act, the IG of DOJ
must complete an audit of all federal programs
involving acquisition of communications conducted
without a court order on or after September 11, 2001,
including the Terrorist Surveillance Program. This
audit is to include acquiring all relevant documents,
including memoranda concerning a program’s legal
authority, authorizations of a program, certifications
to telecommunications carriers, and court orders.
Report to Congress: Within 30 days of completion
of the audit, the IG of DOJ is directed to submit to
HPSCI, SSCI, and the House and Senate Judiciary
Committees a report containing the results of the
audit, including all documents acquired pursuant to
the audit. The report is to be submitted in an
unclassifed form, but may have a classified annex.
Expedited security clearances: The DNI is to
ensure that the process for investigation and
adjudication of an application by the IG of DOJ or
the appropriate staff of the Office of the IG of DOJ
for a security clearance needed for conduct of this
audit is conducted as expeditiously as possible.

CRS-40
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 12 of the bill, record-keeping system on
No similar provision.
No similar provision.
acquisition of communications of U.S. persons:
Requires the DNI and AG to jointly develop and
maintain a record-keeping system to keep track of
instances where the identity of a U.S. person whose
communications were acquired was disclosed by an
element of the intelligence community that collected
the communications to other federal departments or
agencies; and the federal department or agency to
whom the identity was disclosed.
Annual report to Congress: Requires the DNI and
AG to submit an annual report on this record-
keeping system to the HPSCI, SSCI, and the House
and Senate Judiciary Committees. These reports are
to include the number of instances where such
disclosures were made.
Sec. 13 of the bill, authorization for increased
No similar provision.
No similar provision.
resources relating to foreign intelligence
surveillance:

Authorization of appropriations: Authorizes
appropriations for activities of the Office of the IG
and appropriate elements of the National Security
Division (NSD), and to the National Security
Agency (NSA) such sums as may be necessary to
meet personnel and information technology demands
to ensure timely and efficient processing of
applications and other submissions to the FISC, audit
and reporting requirements under new section 105D
of FISA, Sec. 10 of the bill (dealing with warrantless
electronic surveillance, physical searches, or pen

CRS-41
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
registers and trap and trace devices in times of war,
or when an attack on the United States has prevented
the Congress from convening), and the record-
keeping system and reporting requirements under
section 11 of the bill.
Authorization of additional personnel for NSD,
DNI, and FISC:

Authorizes additional personnel for the NSD of DOJ
for preparation, modification and renewal of
applications under FISA for orders under FISA for
foreign intelligence purposes. Such personnel are to
be assigned by the AG to appropriate office of the
intelligence community to directly assist personnel
in preparing such applications and in prompt and
effective oversight of the activities of such agencies
under FISC orders.
Authorizes additional legal and other personnel as
needed to carry out prompt and timely preparation of
applications for orders under FISA approving
electronic surveillance for foreign intelligence
purposes. Such additional personnel are to be
assigned to and among the intelligence community,
including FBI field offices, so that they may directly
assist personnel in preparation of such applications.
Authorizes additional staff personnel for the FISC as
may be needed to facilitate prompt and timely
consideration by the FISC of applications for orders
approving electronic surveillance under FISA for
intelligence purposes.

CRS-42
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 14 of the bill, document management system
No similar provision.
No similar provision.
for applications for orders approving electronic
surveillance:
Requires the AG, in consultation with
the DNI and the FISC, to develop and implement a
secure classified document management system
permitting prompt preparation, modification, and
review of FISA applications by appropriate
personnel of DOJ, FBI, NSA, and other elements of
the federal government before their submission to
the FISC. The system is to permit and facilitate
prompt submittal of applications to the FISC and
prompt transmittal of FISC rulings to personnel
submitting such applications, and to provide for
secure electronic storage and retrieval of all
applications and related matters with the FISC and
for their secure transmission to the National
Archives and Records Administration (NARA).
Sec. 15 of the bill, training of intelligence
No similar provision.
No similar provision.
community personnel in foreign intelligence
collection matters:
The DNI, in consultation with
the AG, is directed to develop regulations to
establish procedures for conducting and seeking
approval of electronic surveillance, physical
searches, and installation and use of pen registers
and trap and trace devices on an emergency basis,
and for preparation and properly submitting and
receiving applications and orders under FISA. The
DNI, in consultation with the AG, is also directed to
prescribe related training on FISA and related legal
matters for applicable agencies of the intelligence
community.

CRS-43
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 16 of the bill, information for Congress on
No similar provision.
No similar provision.
the Terrorist Surveillance Program and similar
programs
: Within 7 days of enactment of the bill,
the President is directed to fully inform each member
of the HPSCI and SSCI on the Terrorist Surveillance
Program and any program in existence from
September 11, 2001 until the bill’s effective date,
that involves, in whole or in part, electronic
surveillance of U.S. persons in the United States for
foreign intelligence or other purposes, which is
conducted by any federal department, agency, or
element or any entity at the direction of a federal
department, agency or element, without fully
complying with the procedures of FISA or chapter
119, 121, or 206 of title 18, U.S.C.

CRS-44
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 17 of the bill, technical and conforming
amendments:
This section:
— amends the table of contents of FISA to reflect
Similar provisions in that Secs. 101(b), 102(b), 205,
Similar provisions in that Secs. 101(b) and 102(b)(2)
the changes made by the bill.
and 302 of the bill amend the table of contents of
of the bill amend the table of contents of FISA to
FISA to reflect changes made by the bill.
reflect changes made by the bill.
— strikes “105B(h) or” from the first and second
Similar provision, Sec. 110 of the bill.
Similar provision, Sec. 111 of the bill.
paragraphs of section 103(e) of FISA, 50 U.S.C. §
1803(e). As amended by the bill, there is no
subsection (h) in section 105B of FISA. As amended
by the Protect America Act, P.L. 110-55, section
105B(h) of FISA provides authority for a person
receiving a directive to furnish aid to the government
in connection with an acquisition under section 105B
to challenge the legality of the directive by filing a
petition before the FISC petition review pool
established under section 103(e) of FISA, 50 U.S.C.
§ 1803(e).
— repeals Secs. 4 and 6 of the Protect America Act,
No similar provision.
No similar provision.
P.L. 110-55, dealing with reports to Congress, and
effective date and transitional procedures,
respectively.
Sec. 18 of the bill, December 31, 2009, sunset;
Sec. 101(c) of the bill, December 31, 2013, sunset
Sec. 101(c) of the bill, December 31, 2011, sunset
transition procedures: Except with respect to
of Secs. 101(a)(2) and (b) of the bill; Sec. 302
of Secs. 101(a)(2) and (b) of the bill: Under Sec.
acquisitions authorized before the sunset, sections
effective date; transition procedures: Under Sec.
101(c) of the bill, the amendments made by Sec.
105A, 105B, 105C, and 105D of FISA would be
101(c) of the bill, Secs. 101(a)(2) and (b) of the bill
101(a)(2) and (b) shall cease to have effect on
repealed on December 31, 2009. Those acquisitions
would sunset on December 31, 2013, except that
December 31, 2011, except that section 702(h)(3) of
authorized under section 105B of FISA before the
section 703(h)(3) of FISA would remain in effect
FISA would remain in effect with respect to any
sunset would continue in effect until the date of
with respect to any directive issued pursuant to
directive issued pursuant to section 702(h) of FISA
expiration of the authorization or order.
section 703(h) of FISA during the period such
during the period such directive was in effect. The
directive was in effect. The use of information
use of information acquired by an acquisition

CRS-45
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
acquired by an acquisition conducted under section
conducted under section 702 of FISA shall continue
703 of FISA shall continue to be governed by the
to be governed by the provisions of section 703 of
provisions of section 704 of FISA.
that Act.
Under Sec. 302 of the bill, sections 105A, 105B, and
105C of FISA would be repealed.
Acquisitions authorized under section 105B of FISA
Somewhat similar, but not identical, provision for
No similar provision.
before enactment of H.R. 3773 would remain in
transitional procedures under Sec. 302 applicable to
effect until the expiration of the authorization or
orders, authorizations, and directives under the
until 180 days after enactment, whichever is earlier.
Protect America Act, P.L. 110-55, and under S.
Within 30 days after expiration of all section 105B
2248. Also addresses continuing effect of limitation
authorizations of acquisitions of foreign intelligence
of liability under section 105B of FISA. Permits the
information made before the date of enactment of
FISC, at the request of the applicant, to extinguish
H.R. 3773, the DNI and AG are directed to submit to
extant authorizations to conduct electronic
the HPSCI, SSCI, and the House and Senate
surveillance under FISA. Authorizes filing of
Judiciary Committees a report on such
applications for new orders under FISA as it existed
authorizations, including the number of persons in
prior to enactment of P.L. 110-55, as amended by
the United States whose communications have been
Secs. 102-109 of S. 2248, and directs the FISC to
acquired under that section; the number of reports
enter orders approving such applications if the
disseminated containing information on a U.S.
statutory requirements in place before enactment of
person collected under that section; the number of
P.L. 110-55 are met, except as amended by Secs.
section 104 applications submitted based upon
102-109 of S. 2248.
information collected pursuant to an acquisition
authorized under section 105B of FISA in effect the
S. 2248 does not have a parallel reporting
day before enactment of H.R. 3773; descriptions of
requirement.
any incidents of non-compliance with an acquisition
under that section by an element of the intelligence
community or a person receiving a directive.

CRS-46
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 19 of the bill, certification to communications
No similar provision.
No similar provision.
service providers that acquisitions are authorized
under FISA
:
Section 102(a) of FISA: This section requires
that the AG provide a carrier furnishing aid to the
government in connection with an electronic
surveillance under section 102 of FISA, 50 U.S.C. §
1802, with a certification stating that the electronic
surveillance is authorized under this section and that
all requirements of the section have been met.
Section 105(c)(2) of FISA: This section requires
an order approving electronic surveillance under
section 105 of FISA to direct an applicant for the
order to provide a [specified communication carrier
or other common] carrier, landlord, custodian or
other person furnishing aid to the government with
a certification stating that the electronic surveillance
is authorized under this section and that all
requirements of the section have been met.
Sec. 20 of the bill, statute of limitations: This
No similar provision.
No similar provision.
section of the bill adds a 10 year statute of
limitations provision to section 109 of FISA, 50
U.S.C. § 1809, to be applicable to any offense
committed before the enactment of H.R. 3773, if the
statute of limitations applicable to that offense has
not run as of the date of enactment.

CRS-47
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Sec. 21 of the bill, “No rights under the
No similar provision.
No similar provision.
RESTORE Act for undocumented aliens”: This
section states that the RESTORE Act and
amendments made by it are not to be construed to
prohibit surveillance of, or grant any rights to, an
alien not permitted to be in or remain in the United
States
Sec. 22 of the bill, surveillance to protect the
No similar provision.
No similar provision.
United States: This section provides that the
RESTORE Act and any amendments made by it are
not to be construed to prohibit the intelligence
community from conducting lawful surveillance
necessary to:
— prevent Osama Bin Laden, al Qaeda, or any other
terrorist or terrorist organization from attacking the
United States, any U.S. person, or any ally of the
United States;
— ensure the safety and security of members of the
U.S. Armed Forces or any other federal officer or
employee involved in protecting the U.S. national
security; or
— protect the United States, any U.S. person, or any
ally of the United States from threats posed by
weapons of mass destruction (WMD) or other threats
to national security.

CRS-48
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
No similar provision.
Title II of the bill deals with both retrospective
No similar provision.
and prospective protections for electronic
communication service providers furnishing aid
to the government.

Sec. 201 of the bill provides pertinent definitions. In
one such definition, the term “covered civil action”
is defined to mean a civil action filed in federal or
state court that alleges that an electronic
communication service provider furnished assistance
to an element of the intelligence community; and
seeks monetary or other relief from the electronic
communication service provider related to the
provision of such assistance.
No similar provision.
Sec. 202 of the bill, limitations on civil actions
No similar provision.
against electronic service providers:
Notwithstanding any other provision of law, Sec.
202(a) of the bill bars a covered civil action in a
federal or state court, and requires that such an
action must be promptly dismissed, if the AG
certifies to the court that the assistance alleged to
have been provided by the electronic communication
service provider was:
— in connection with an intelligence activity
involving communications that was authorized by
the President during the period beginning on
September 11, 2001, and ending on January 17,
2007; and designed to detect or prevent a terrorist
attack, or activities in preparation for a terrorist
attack, against the United States; and

CRS-49
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
— described in a written request or directive from
the A.G. 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 authorized by the
President and determined to be lawful.
A covered civil action in federal or state court would
also be barred and should be promptly dismissed if
the AG certifies to the court that the electronic
communication service provider did not provide the
alleged assistance.
Judicial review of such certifications:
No similar provision.
Standard of review: Such a certification is to be
No similar provision.
subject to review by a court for abuse of discretion.
Procedure for review, limitations on disclosure:
No similar provision.
If the AG files a declaration under 28 U.S.C. § 1746
that disclosure of a certification made under Sec.
202(a) of the bill would harm United States national
security, the court shall review the certification in
camera and ex parte, and limit public disclosure
concerning such certification, including any public
order following such ex parte review, to a statement
that the conditions of Sec. 202(a) of the bill have
been met, without disclosing the subparagraph of
Sec. 202(a)(1) that is the basis for the certification.
The authorities of the AG under Sec. 202 are to be
performed by the AG or the Acting AG, or a

CRS-50
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
designee in a position not lower than the Deputy AG.
Nothing in this section shall be construed to limit
any otherwise available immunity, privilege, or
defense under any other provision.
Civil action in State court removal: A civil action
No similar provision.
brought in State court against a person for providing
assistance to an element of the intelligence
community is to be deemed to arise under the
Constitution and laws of the United States and shall
be removable under 28 U.S.C. § 1441.
Effective date and application of Sec. 202 of bill:
No similar provision.
This section applies to any covered civil action
pending on or filed after the date of enactment of S.
2248, the FISA Amendments Act of 2007.
No similar provision.
Sec. 203 of the bill, new title VIII of FISA:
No similar provision.
protection of persons assisting the government:
New section 801 of FISA, pertinent definitions.
No similar provision.
Among the definitions in new section 801 of FISA,
“assistance” means provision of, or provision of
access to, information (including communication
contents, communications records, or other
information relating to a customer or
communication), facilities, or other form of
assistance.
No similar provision.
New section 802 of FISA:
procedures
for
No similar provision.
implementing statutory defenses:

CRS-51
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Limitation on civil actions, required AG
No similar provision, but see new section 702(h)(3)
certification: Notwithstanding any other provision
of FISA; conforming amendment to 18 U.S.C. §
of law, this section bars any civil action in federal or
2511(2)(a) in Sec. 102(b) of the bill.
state court against any person for providing
assistance to an element of the intelligence
community if the AG certifies:
— that any assistance provided by that person was
provided pursuant to an FISC order;
— that any assistance by that person was provided
pursuant to a certification in writing under 18 U.S.C.
§§ 2511(2)(a)(ii)(B) or 2709(a);
— that any assistance by that person was provided
pursuant to a directive under sections 102(a)(4),
105B(e) as in effect the day before enactment of S.
2248, or
703(h) of FISA directing such assistance; or
— the person did not provide the alleged assistance.
Judicial review of such certifications:
No similar provision.
Standard of review: Such a certification is to be
No similar provision.
subject to review by a court for abuse of discretion.
Procedure for review, limitation on disclosure: If
No similar provision.
the AG files a declaration under 28 U.S.C. § 1746
that disclosure of a certification made under Sec.
203(a) of the bill would harm United States national
security, the court shall review the certification in
camera and ex parte, and limit public disclosure
concerning such certification, including any public
order following such ex parte review, to a statement
that the conditions of Sec. 203(a) of the bill have

CRS-52
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
been met, without disclosing the subparagraph of
Sec. 203(a)(1) that is the basis for the certification.
Nothing in this section shall be construed to limit
any otherwise available immunity, privilege, or
defense under any other provision.
Civil action in state court, removal: A civil action
No similar provision.
brought in state court against a person for providing
assistance to an element of the intelligence
community is to be deemed to arise under the
Constitution and laws of the United States and shall
be removable under 28 U.S.C. § 1441.
Effective date and application of Sec. 203 of bill:
No similar provision.
This section applies to any civil action pending on or
filed after the date of enactment of S. 2248, the FISA
Amendments Act of 2007.
No similar provision.
Sec. 204 of the bill, new section 803 of FISA,
No similar provision.
preemption of state investigations: This section
provides that no state shall have authority to conduct
an investigation into an electronic communication
service provider’s alleged assistance to an element of
the intelligence community;
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 intelligence community; impose
any administrative sanction on an electronic
communication service provider for assistance to an

CRS-53
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
element of the intelligence community; or
commence or maintain a civil action or other
proceeding to enforce a requirement that an
electronic communication service provider disclose
information concerning alleged assistance to an
element of the intelligence community.
The United States may bring suit to enforce the
provisions of new section 803 of FISA.
District Court Jurisdiction: United States district
No similar provision.
courts shall have jurisdiction over any civil action
brought by the United States to enforce the
provisions of new section 803 of FISA.
Application: This section shall apply to any
No similar provision.
investigation, action, or proceeding that is pending
on or filed after the date of enactment of S. 2248. the
FISA Amendments Act of 2007.
No similar provision.
Title III of the bill, other provisions:
No similar provision.
Sec. 301 of the bill is a severability provision.
Sec. 18 of the bill includes transition procedures, as
Sec. 302 of the bill, effective date; repeal;
Cf., transition procedures addressed in new section
discussed above.
transition procedures: The date of enactment of S.
702(c)(4) of FISA, discussed above.
2248 is to be the effective date, except as provided in
subsection 302(c), dealing with transitional
procedures and authorizations and directives in
effect on the date of enactment of the bill and on the
date the bill sunsets.
Sec. 302(b) repeals sections 105A, 105B, and 105C

CRS-54
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
of FISA, except as provided in section 302(c) of the
bill.
Protection from liability: Sec. 302(c) provides that
section 105B(1) of FISA shall remain in effect with
respect to any directives issued pursuant to section
105B for information, facilities, or assistance
provided during the period such directive was or is in
effect.
Orders in effect: Provides transitional procedures
with respect to applicability of orders,
authorizations, and directives in place on date of
enactment of s. 2248, on the expiration date of P.L.
110-55, and on December 31, 2013.
Under the new procedures, any orders issued under
FISA or Sec. 6(b) of P.L. 110-55 in effect on the date
of enactment of S. 2248 shall remain in effect until
the date of expiration, and shall be reauthorized by
the FISC at the request of the applicant if the
circumstances continue to justify issuance of the
order under the provisions of FISA as in effect on the
day before P.L. 110-55 was enacted, except as
amended by sections 102-109 of S. 2248.
Orders under new title VII of FISA in effect on
December 31, 2013, shall continue in effect until the
expiration date of the order, and be governed by the
applicable provisions of FISA as amended by Sec.
101 of S. 2248.

CRS-55
S. 2248, amendment in the nature of a substitute
S. 2248 as reported by the
H.R. 3773 as passed by the House
reported by the
Senate Select Committee on Intelligence
Senate Judiciary Committee
Authorizations and directives in effect on the date of
enactment of S. 2248 shall remain in effect until
expiration of the authorization or directive. Those
authorized under P.L.110-55 shall continue to be
governed by its provisions, except that they shall be
deemed electronic surveillance.
Information acquired from acquisitions under P.L.
110-55 shall be deemed acquired from electronic
surveillance, except for purposes of subsection
106(j) of FISA, 50 U.S.C. § 1806(j) (dealing with
notification of emergency employment of electronic
surveillance, contents, postponement).
Also provides transitional procedures with respect to
authorizations and directives in effect on December
31, 2013.


CRS-56
Glossary of FISA Terms from 50 U.S.C. § 1801
As used in title I of FISA, 50 U.S.C. § 1801 et seq.:
(a) “Foreign power” means —
(1) a foreign government or any component thereof, whether or not recognized by the
United States;
(2) a faction of a foreign nation or nations, not substantially composed of United
States persons;
(3) an entity that is openly acknowledged by a foreign government or governments
to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United
States persons; or
(6) an entity that is directed and controlled by a foreign government or governments.
(b) “Agent of a foreign power” means —
(1) any person other than a United States person, who —
(A) acts in the United States as an officer or employee of a foreign power, or as a
member of a foreign power as defined in subsection (a)(4) of this section;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence
activities in the United States contrary to the interests of the United States, when the
circumstances of such person’s presence in the United States indicate that such
person may engage in such activities in the United States, or when such person
knowingly aids or abets any person in the conduct of such activities or knowingly
conspires with any person to engage in such activities; or
(C) engages in international terrorism or activities in preparation therefore; or
(2) any person who —
(A) knowingly engages in clandestine intelligence gathering activities for or on
behalf of a foreign power, which activities involve or may involve a violation of the
criminal statutes of the United States;
(B) pursuant to the direction of an intelligence service or network of a foreign power,
knowingly engages in any other clandestine intelligence activities for or on behalf of
such foreign power, which activities involve or are about to involve a violation of the
criminal statutes of the United States;
(C) knowingly engages in sabotage or international terrorism, or activities that are in
preparation therefor, for or on behalf of a foreign power;
(D) knowingly enters the United States under a false or fraudulent identity for or on
behalf of a foreign power or, while in the United States, knowingly assumes a false
or fraudulent identity for or on behalf of a foreign power; or
(E) knowingly aids or abets any person in the conduct of activities described in
subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in
activities described in subparagraph (A), (B), or (C).
(c) “International terrorism” means activities that —

CRS-57
(1) involve violent acts or acts dangerous to human life that are a violation of the
criminal laws of the United States or of any State, or that would be a criminal
violation if committed within the jurisdiction of the United States or any State;
(2) appear to be intended —
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coercion; or
(C) to affect the conduct of a government by assassination or kidnapping; and
(3) occur totally outside the United States, or transcend national boundaries in terms
of the means by which they are accomplished, the persons they appear intended to
coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.
(d) “Sabotage” means activities that involve a violation of chapter 105 of title 18, or
that would involve such a violation if committed against the United States.
(e) “Foreign intelligence information” means —
(1) information that relates to, and if concerning a United States person is necessary
to, the ability of the United States to protect against —
(A) actual or potential attack or other grave hostile acts of a foreign power or an
agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an agent of a foreign
power; or
(C) clandestine intelligence activities by an intelligence service or network of a
foreign power or by an agent of a foreign power; or
(2) information with respect to a foreign power or foreign territory that relates to, and
if concerning a United States person is necessary to —
(A) the national defense or the security of the United States; or
(B) the conduct of the foreign affairs of the United States.
(f) “Electronic surveillance” means —
(1) the acquisition by an electronic, mechanical, or other surveillance device of the
contents of any wire or radio communication sent by or intended to be received by
a particular, known United States person who is in the United States, if the contents
are acquired by intentionally targeting that United States person, under circumstances
in which a person has a reasonable expectation of privacy and a warrant would be
required for law enforcement purposes;
(2) the acquisition by an electronic, mechanical, or other surveillance device of the
contents of any wire communication to or from a person in the United States, without
the consent of any party thereto, if such acquisition occurs in the United States, but
does not include the acquisition of those communications of computer trespassers
that would be permissible under section 2511(2)(i) of title 18;
(3) the intentional acquisition by an electronic, mechanical, or other surveillance
device of the contents of any radio communication, under circumstances in which a
person has a reasonable expectation of privacy and a warrant would be required for

CRS-58
law enforcement purposes, and if both the sender and all intended recipients are
located within the United States; or
(4) the installation or use of an electronic, mechanical, or other surveillance device
in the United States for monitoring to acquire information, other than from a wire or
radio communication, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law enforcement
purposes.
(g) “Attorney General” means the Attorney General of the United States (or Acting
Attorney General), the Deputy Attorney General, or, upon the designation of the
Attorney General, the Assistant Attorney General designated as the Assistant
Attorney General for National Security under section 507A of title 28, United States
Code.
(h) “Minimization procedures”, with respect to electronic surveillance, means —
(1) specific procedures, which shall be adopted by the Attorney General, that are
reasonably designed in light of the purpose and technique of the particular
surveillance, to minimize the acquisition and retention, and prohibit the
dissemination, of nonpublicly available information concerning unconsenting United
States persons consistent with the need of the United States to obtain, produce, and
disseminate foreign intelligence information;
(2) procedures that require that nonpublicly available information, which is not
foreign intelligence information, as defined in subsection (e)(1) of this section, shall
not be disseminated in a manner that identifies any United States person, without
such person’s consent, unless such person’s identity is necessary to understand
foreign intelligence information or assess its importance;
(3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention
and dissemination of information that is evidence of a crime which has been, is
being, or is about to be committed and that is to be retained or disseminated for law
enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic
surveillance approved pursuant to section 1802(a) of this title, procedures that require
that no contents of any communication to which a United States person is a party
shall be disclosed, disseminated, or used for any purpose or retained for longer than
72 hours unless a court order under section 1805 of this title is obtained or unless the
Attorney General determines that the information indicates a threat of death or
serious bodily harm to any person.
(i) “United States person” means a citizen of the United States, an alien lawfully
admitted for permanent residence (as defined in section 1101(a)(20) of title 8), an
unincorporated association a substantial number of members of which are citizens
of the United States or aliens lawfully admitted for permanent residence, or a
corporation which is incorporated in the United States, but does not include a
corporation or an association which is a foreign power, as defined in subsection
(a)(1), (2), or (3) of this section.

CRS-59
(j) “United States”, when used in a geographic sense, means all areas under the
territorial sovereignty of the United States and the Trust Territory of the Pacific
Islands.
(k) “Aggrieved person” means a person who is the target of an electronic surveillance
or any other person whose communications or activities were subject to electronic
surveillance.
(l) “Wire communication” means any communication while it is being carried by a
wire, cable, or other like connection furnished or operated by any person engaged as
a common carrier in providing or operating such facilities for the transmission of
interstate or foreign communications.
(m) “Person” means any individual, including any officer or employee of the federal
government, or any group, entity, association, corporation, or foreign power.
(n) “Contents”, when used with respect to a communication, includes any
information concerning the identity of the parties to such communication or the
existence, substance, purport, or meaning of that communication.
(o) “State” means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any
territory or possession of the United States.
CREDIT(S)
(P.L. 95-511, Title I, § 101, Oct. 25, 1978, 92 Stat. 1783; P.L. 106-120, Title VI, §
601, Dec. 3, 1999, 113 Stat. 1619; P.L. 107-56, Title X, § 1003, Oct. 26, 2001, 115
Stat. 392; P.L. 107-108, Title III, § 314(a)(1), (c)(2), Dec. 28, 2001, 115 Stat. 1402,
1403; P.L. 108-458, Title VI, § 6001(a), Dec. 17, 2004, 118 Stat. 3742; P.L. 109-177,
Title V, § 506(a)(5), Mar. 9, 2006, 120 Stat. 248.)