[House Report 110-385]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-385

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3773) TO AMEND THE 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO ESTABLISH A PROCEDURE 
 FOR AUTHORIZING CERTAIN ACQUISITIONS OF FOREIGN INTELLIGENCE, AND FOR 
                             OTHER PURPOSES

                                _______
                                

  October 16, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 746]

    The Committee on Rules, having had under consideration 
House Resolution 746, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3773, the 
``RESTORE Act of 2007,'' under a closed rule. The resolution 
provides for 90 minutes of debate, with 60 minutes equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on the Judiciary and 30 minutes equally 
divided and controlled by the chairman and ranking minority 
member of the Permanent Select Committee on Intelligence.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. In lieu of the amendments recommended by the 
Committee on the Judiciary and the Permanent Select Committee 
on Intelligence, the resolution considers as adopted the 
amendment in the nature of a substitute printed in part A of 
this report, modified by the amendment printed in part B of 
this report, and considers the bill, as amended, as read. The 
resolution waives all points of order against provisions in the 
bill, as amended. This waiver does not affect the point of 
order available under clause 9 of rule XXI (regarding earmark 
disclosure). The resolution provides one motion to recommit 
with or without instructions. Finally, the resolution permits 
the Chair, during consideration of the bill, to postpone 
further consideration of it to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the bill and its 
consideration (except those arising under clause 9 or 10 of 
rule XXI) includes a waiver of clause 3(c)(4) of rule XIII 
(statement of performance goals) with respect to the report of 
the Permanent Select Committee on Intelligence.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 351

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 352

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an Amendment in the Nature of a Substitute by Rep. 
Forbes (VA), #9, which would incorporate the Bush 
Administration's proposed FISA Modernization Act of 2007 from 
April 2007.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 353

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Issa (CA), #5, which would 
extend liability protection to telecommunications and other 
communication providers who relied on directives or orders from 
the government to assist the government with intelligence 
activities intended to protect the United States from another 
terrorist attack, from the period beginning on September 11, 
2001 and ending on the date of enactment of this Act.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 354

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Lungren (CA), #4, which would 
extend FISA to include individuals and groups engaged in the 
proliferation of weapons of mass destruction.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 355

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Gohmert (TX), #8, which would 
eliminate the requirements in the bill that the government 
obtain a FISA court order to acquire communications of non-
United States persons who are reasonably believed to be located 
outside the United States.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 356

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Hoekstra (MI), #19, which 
would strike the sunset provision in the RESTORE Act, currently 
December 31, 2009.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 357

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Hoekstra (MI), #24, which 
would strike provisions in the bill that limit the definition 
of ``foreign intelligence information'' to information 
necessary to protect against attack by a foreign power or 
information with respect to a foreign power that relates to 
national defense. The amendment would broaden the bill's 
definition of FII to information with respect to a foreign 
power that could be necessary to the foreign affairs of the 
United States.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 358

    Date: October 16, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. McGovern.
    Summary of motion: To grant the rule.
    Results: Adopted 8-4.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Slaughter--Yea.

       SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

    The RESTORE Act would provide a new authority for the 
Executive Branch to conduct surveillance of persons reasonably 
believed to be located outside the United States. This new 
authority allows the government to obtain a single order to 
authorize surveillance on multiple targets and provides for 
immediate surveillance in the event of an emergency. It also 
includes several provisions to allow for independent oversight 
by the courts, the Congress and the Department of Justice 
Inspector General. Additional sections of the Act provide 
resources to Department of Justice, NSA, and the FISA Court 
needed to assist in auditing these new authorities and to 
expedite the FISA applications process. The RESTORE Act would 
also require the Department of Justice Inspector General to 
conduct an audit of the Administration's warrantless 
surveillance programs--to include providing authorizations and 
legal memoranda to Congress. It includes a sunset provision 
that would repeal the RESTORE Act by December 31, 2009.

       SUMMARY OF AMENDMENT IN PART B TO BE CONSIDERED AS ADOPTED

    The amendment would clarify that no court order is required 
for surveillance where the sender and recipients are not known 
to be United States persons and reasonably believed to be 
located outside the United States. It would also allow the FISA 
Court to issue temporary orders authorizing surveillance 
pending the appeal of an application under section 105B. 
Further, it would require that any directive seeking the 
assistance of a communications service provider in conducting 
surveillance include a certification that the directive is in 
compliance with specific, relevant provisions of FISA. It would 
extend the statute of limitations for the penalty provisions of 
FISA from five years to ten years. Finally, it would clarify 
that the RESTORE Act does not confer any rights or privileges 
on non-United States persons.

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Responsible 
Electronic Surveillance That is Overseen, Reviewed, and 
Effective Act of 2007'' or ``RESTORE Act of 2007''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Clarification of electronic surveillance of non-United States 
          persons outside the United States.
Sec. 3. Additional authorization of acquisitions of communications of 
          non-United States persons located outside the United States 
          who may be communicating with persons inside the United 
          States.
Sec. 4. Emergency authorization of acquisitions of communications of 
          non-United States persons located outside the United States 
          who may be communicating with persons inside the United 
          States.
Sec. 5. Oversight of acquisitions of communications of non-United States 
          persons located outside of the United States who may be 
          communicating with persons inside the United States.
Sec. 6. Foreign Intelligence Surveillance Court en banc.
Sec. 7. Foreign Intelligence Surveillance Court matters.
Sec. 8. Reiteration of FISA as the exclusive means by which electronic 
          surveillance may be conducted for gathering foreign 
          intelligence information.
Sec. 9. Enhancement of electronic surveillance authority in wartime and 
          other collection.
Sec. 10. Audit of warrantless surveillance programs.
Sec. 11. Record-keeping system on acquisition of communications of 
          United States persons.
Sec. 12. Authorization for increased resources relating to foreign 
          intelligence surveillance.
Sec. 13. Document management system for applications for orders 
          approving electronic surveillance.
Sec. 14. Training of intelligence community personnel in foreign 
          intelligence collection matters.
Sec. 15. Information for Congress on the terrorist surveillance program 
          and similar programs.
Sec. 16. Technical and conforming amendments.
Sec. 17. Sunset; transition procedures.

SEC. 2. CLARIFICATION OF ELECTRONIC SURVEILLANCE OF NON-UNITED STATES 
                    PERSONS OUTSIDE THE UNITED STATES.

  Section 105A of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) is amended to read as follows:

``CLARIFICATION OF ELECTRONIC SURVEILLANCE OF NON-UNITED STATES PERSONS 
                       OUTSIDE THE UNITED STATES

  ``Sec. 105A.  (a) Foreign to Foreign Communications.--
Notwithstanding any other provision of this Act, a court order 
is not required for the acquisition of the contents of any 
communication between persons that are not United States 
persons and are not located within the United States for the 
purpose of collecting foreign intelligence information, without 
respect to whether the communication passes through the United 
States or the surveillance device is located within the United 
States.
  ``(b) Communications of Non-United States Persons Outside of 
the United States.--Notwithstanding any other provision of this 
Act other than subsection (a), electronic surveillance that is 
directed at the acquisition of the communications of a person 
that is reasonably believed to be located outside the United 
States and not a United States person for the purpose of 
collecting foreign intelligence information (as defined in 
paragraph (1) or (2)(A) of section 101(e)) by targeting that 
person shall be conducted pursuant to--
          ``(1) an order approved in accordance with section 
        105 or 105B; or
          ``(2) an emergency authorization in accordance with 
        section 105 or 105C.''.

SEC. 3. ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF 
                    NON-UNITED STATES PERSONS LOCATED OUTSIDE THE 
                    UNITED STATES WHO MAY BE COMMUNICATING WITH INSIDE 
                    THE UNITED STATES.

  Section 105B of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) is amended to read as follows:

  ``ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF NON-
  UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED STATES WHO MAY BE 
          COMMUNICATING WITH PERSONS INSIDE THE UNITED STATES

  ``Sec. 105B.  (a) In General.--Notwithstanding any other 
provision of this Act, the Director of National Intelligence 
and the Attorney General may jointly apply to a judge of the 
court established under section 103(a) for an ex parte order, 
or the extension of an order, authorizing for a period of up to 
one year the acquisition of communications of persons that are 
reasonably believed to be located outside the United States and 
not United States persons for the purpose of collecting foreign 
intelligence information (as defined in paragraph (1) or (2)(A) 
of section 101(e)) by targeting those persons.
  ``(b) Application Inclusions.--An application under 
subsection (a) shall include--
          ``(1) a certification by the Director of National 
        Intelligence and the Attorney General that--
                  ``(A) the targets of the acquisition of 
                foreign intelligence information under this 
                section are persons reasonably believed to be 
                located outside the United States who may be 
                communicating with persons inside the United 
                States;
                  ``(B) the targets of the acquisition are 
                reasonably believed to be persons that are not 
                United States persons;
                  ``(C) the acquisition involves obtaining the 
                foreign intelligence information from, or with 
                the assistance of, a communications service 
                provider or custodian, 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
                  ``(D) a significant purpose of the 
                acquisition is to obtain foreign intelligence 
                information (as defined in paragraph (1) or 
                (2)(A) of section 101(e)); and
          ``(2) a description of--
                  ``(A) the procedures that will be used by the 
                Director of National Intelligence and the 
                Attorney General during the duration of the 
                order to determine that there is a reasonable 
                belief that the persons that are the targets of 
                the acquisition are located outside the United 
                States and not United States persons;
                  ``(B) the nature of the information sought, 
                including the identity of any foreign power 
                against whom the acquisition will be directed;
                  ``(C) minimization procedures that meet the 
                definition of minimization procedures under 
                section 101(h) to be used with respect to such 
                acquisition; and
                  ``(D) the guidelines that will be used 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 
                United States person reasonably believed to be 
                located in the United States.
  ``(c) Specific Place Not Required.--An application under 
subsection (a) is not required to identify the specific 
facilities, places, premises, or property at which the 
acquisition of foreign intelligence information will be 
directed.
  ``(d) Review of Application.--Not later than 15 days after a 
judge receives an application under subsection (a), the judge 
shall review such application and shall approve the application 
if the judge finds that--
          ``(1) the proposed procedures referred to in 
        subsection (b)(2)(A) are reasonably designed to 
        determine whether the targets of the acquisition are 
        located outside the United States and not United States 
        persons;
          ``(2) the proposed minimization procedures referred 
        to in subsection (b)(2)(C) meet the definition of 
        minimization procedures under section 101(h); and
          ``(3) the guidelines referred to in subsection 
        (b)(2)(D) are reasonably designed 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 United States person reasonably believed to be 
        located in the United States.
  ``(e) Order.--
          ``(1) In general.--A judge approving an application 
        under subsection (d) shall issue an order--
                  ``(A) authorizing the acquisition of the 
                contents of the communications as requested, or 
                as modified by the judge;
                  ``(B) requiring the communications service 
                provider or custodian, or officer, employee, or 
                agent of such service provider or custodian, 
                who has authorized access to the information, 
                facilities, or technical assistance necessary 
                to accomplish the acquisition to provide such 
                information, facilities, or technical 
                assistance necessary to accomplish the 
                acquisition and to produce a minimum of 
                interference with the services that provider, 
                custodian, officer, employee, or agent is 
                providing the target of the acquisition;
                  ``(C) requiring such communications service 
                provider, custodian, officer, employee, or 
                agent, upon the request of the applicant, to 
                maintain under security procedures approved by 
                the Attorney General and the Director of 
                National Intelligence any records concerning 
                the acquisition or the aid furnished;
                  ``(D) directing the Federal Government to--
                          ``(i) compensate, at the prevailing 
                        rate, a person for providing 
                        information, facilities, or assistance 
                        pursuant to such order; and
                          ``(ii) provide a copy of the portion 
                        of the order directing the person to 
                        comply with the order to such person; 
                        and
                  ``(E) directing the applicant to follow--
                          ``(i) the procedures referred to in 
                        subsection (b)(2)(A) as proposed or as 
                        modified by the judge;
                          ``(ii) the minimization procedures 
                        referred to in subsection (b)(2)(C) as 
                        proposed or as modified by the judge; 
                        and
                          ``(iii) the guidelines referred to in 
                        subsection (b)(2)(D) as proposed or as 
                        modified by the judge.
          ``(2) Failure to comply.--If a person fails to comply 
        with an order issued under paragraph (1), the Attorney 
        General may invoke the aid of the court established 
        under section 103(a) to compel compliance with the 
        order. Failure to obey an order of the court may be 
        punished by the court as contempt of court. Any process 
        under this section may be served in any judicial 
        district in which the person may be found.
          ``(3) Liability of order.--Notwithstanding any other 
        law, no cause of action shall lie in any court against 
        any person for providing any information, facilities, 
        or assistance in accordance with an order issued under 
        this subsection.
          ``(4) Retention of order.--The Director of National 
        Intelligence and the court established under subsection 
        103(a) shall retain an order issued under this section 
        for a period of not less than 10 years from the date on 
        which such order is issued.
          ``(5) Assessment of compliance with court order.--At 
        or before the end of the period of time for which an 
        acquisition is approved by an order or an extension 
        under this section, the court established under section 
        103(a) shall, not less frequently than once each 
        quarter, assess compliance with the procedures and 
        guidelines referred to in paragraph (1)(E) and review 
        the circumstances under which information concerning 
        United States persons was acquired, retained, or 
        disseminated.''.

SEC. 4. EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF 
                    NON-UNITED STATES PERSONS LOCATED OUTSIDE THE 
                    UNITED STATES WHO MAY BE COMMUNICATING WITH PERSONS 
                    INSIDE THE UNITED STATES.

  Section 105C of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) is amended to read as follows:

  ``EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF NON-
  UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED STATES WHO MAY BE 
          COMMUNICATING WITH PERSONS INSIDE THE UNITED STATES

  ``Sec. 105C.  (a) Application After Emergency 
Authorization.--As soon as is practicable, but not more than 7 
days after the Director of National Intelligence and the 
Attorney General authorize an acquisition under this section, 
an application for an order authorizing the acquisition in 
accordance with section 105B shall be submitted to the judge 
referred to in subsection (b)(2) of this section for approval 
of the acquisition in accordance with section 105B.
  ``(b) Emergency Authorization.--Notwithstanding any other 
provision of this Act, the Director of National Intelligence 
and the Attorney General may jointly authorize the emergency 
acquisition of foreign intelligence information (as defined in 
paragraph (1) or (2)(A) of section 101(e)) for a period of not 
more than 45 days if--
          ``(1) the Director of National Intelligence and the 
        Attorney General jointly determine that--
                  ``(A) an emergency situation exists with 
                respect to an authorization for an acquisition 
                under section 105B before an order approving 
                the acquisition under such section can with due 
                diligence be obtained;
                  ``(B) the targets of the acquisition of 
                foreign intelligence information under this 
                section are persons reasonably believed to be 
                located outside the United States who may be 
                communicating with persons inside the United 
                States;
                  ``(C) the targets of the acquisition are 
                reasonably believed to be persons that are not 
                United States persons;
                  ``(D) there are procedures in place that will 
                be used by the Director of National 
                Intelligence and the Attorney General during 
                the duration of the authorization to determine 
                if there is a reasonable belief that the 
                persons that are the targets of the acquisition 
                are located outside the United States and not 
                United States persons;
                  ``(E) the acquisition involves obtaining the 
                foreign intelligence information from, or with 
                the assistance of, a communications service 
                provider or custodian, 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;
                  ``(F) a significant purpose of the 
                acquisition is to obtain foreign intelligence 
                information (as defined in paragraph (1) or 
                (2)(A) of section 101(e));
                  ``(G) minimization procedures to be used with 
                respect to such acquisition activity meet the 
                definition of minimization procedures under 
                section 101(h); and
                  ``(H) there are guidelines that will be used 
                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 
                United States person reasonably believed to be 
                located in the United States; and
          ``(2) the Director of National Intelligence and the 
        Attorney General, or their designees, inform a judge 
        having jurisdiction to approve an acquisition under 
        section 105B at the time of the authorization under 
        this section that the decision has been made to acquire 
        foreign intelligence information.
  ``(c) Information, Facilities, and Technical Assistance.--
Pursuant to an authorization of an acquisition under this 
section, the Attorney General may direct a communications 
service provider, custodian, or an officer, employee, or agent 
of such service provider or custodian, who has the lawful 
authority to access the information, facilities, or technical 
assistance necessary to accomplish such acquisition to--
          ``(1) furnish the Attorney General forthwith with 
        such information, facilities, or technical assistance 
        in a manner that will protect the secrecy of the 
        acquisition and produce a minimum of interference with 
        the services that provider, custodian, officer, 
        employee, or agent is providing the target of the 
        acquisition; and
          ``(2) maintain under security procedures approved by 
        the Attorney General and the Director of National 
        Intelligence any records concerning the acquisition or 
        the aid furnished.''.

SEC. 5. OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED 
                    STATES PERSONS LOCATED OUTSIDE OF THE UNITED STATES 
                    WHO MAY BE COMMUNICATING WITH PERSONS INSIDE THE 
                    UNITED STATES.

  The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by inserting after section 105C the 
following new section:

  ``OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED STATES 
 PERSONS LOCATED OUTSIDE OF THE UNITED STATES WHO MAY BE COMMUNICATING 
                 WITH PERSONS INSIDE THE UNITED STATES

  ``Sec. 105D.  (a) Application; Procedures; Orders.--Not later 
than 7 days after an application is submitted under section 
105B(a) or an order is issued under section 105B(e), the 
Director of National Intelligence and the Attorney General 
shall submit to the appropriate committees of Congress--
          ``(1) in the case of an application--
                  ``(A) a copy of the application, including 
                the certification made under section 
                105B(b)(1); and
                  ``(B) a description of the primary purpose of 
                the acquisition for which the application is 
                submitted; and
          ``(2) in the case of an order, a copy of the order, 
        including the procedures and guidelines referred to in 
        section 105B(e)(1)(E).
  ``(b) Regular Audits.--
          ``(1) Audit.--Not later than 120 days after the date 
        of the enactment of this section, and every 120 days 
        thereafter until the expiration of all orders issued 
        under section 105B, the Inspector General of the 
        Department of Justice shall complete an audit on the 
        implementation of and compliance with the procedures 
        and guidelines referred to in section 105B(e)(1)(E) and 
        shall submit to the appropriate committees of Congress, 
        the Attorney General, the Director of National 
        Intelligence, and the court established under section 
        103(a) the results of such audit, including, for each 
        order authorizing the acquisition of foreign 
        intelligence under section 105B--
                  ``(A) the number of targets of an acquisition 
                under such order that were later determined to 
                be located in the United States;
                  ``(B) the number of persons located in the 
                United States whose communications have been 
                acquired under such order;
                  ``(C) the number and nature of reports 
                disseminated containing information on a United 
                States person that was collected under such 
                order; and
                  ``(D) the number of applications submitted 
                for approval of electronic surveillance under 
                section 104 for targets whose communications 
                were acquired under such order.
          ``(2) Report.--Not later than 30 days after the 
        completion of an audit under paragraph (1), the 
        Attorney General shall submit to the appropriate 
        committees of Congress and the court established under 
        section 103(a) a report containing the results of such 
        audit.
  ``(c) Compliance Reports.--Not later than 60 days after the 
date of the enactment of this section, and every 120 days 
thereafter until the expiration of all orders issued under 
section 105B, the Director of National Intelligence and the 
Attorney General shall submit to the appropriate committees of 
Congress and the court established under section 103(a) a 
report concerning acquisitions under section 105B during the 
previous period. Each report submitted under this section shall 
include a description of any incidents of non-compliance with 
an order issued under section 105B(e), including incidents of 
non-compliance by--
          ``(1) an element of the intelligence community with 
        procedures referred to in section 105B(e)(1)(E)(i);
          ``(2) an element of the intelligence community with 
        minimization procedures referred to in section 
        105B(e)(1)(E)(ii);
          ``(3) an element of the intelligence community with 
        guidelines referred to in section 105B(e)(1)(E)(iii); 
        and
          ``(4) a person directed to provide information, 
        facilities, or technical assistance under such order.
  ``(d) Report on Emergency Authority.--The Director of 
National Intelligence and the Attorney General shall annually 
submit to the appropriate committees of Congress a report 
containing the number of emergency authorizations of 
acquisitions under section 105C and a description of any 
incidents of non-compliance with an emergency authorization 
under such section.
  ``(e) Appropriate Committees of Congress Defined.--In this 
section, the term `appropriate committees of Congress' means--
          ``(1) the Permanent Select Committee on Intelligence 
        of the House of Representatives;
          ``(2) the Select Committee on Intelligence of the 
        Senate; and
          ``(3) the Committees on the Judiciary of the House of 
        Representatives and the Senate.''.

SEC. 6. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN BANC.

  Section 103 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsection:
  ``(g) In any case where the court established under 
subsection (a) or a judge of such court is required to review a 
matter under this Act, the court may, at the discretion of the 
court, sit en banc to review such matter and issue any orders 
related to such matter.''.

SEC. 7. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.

  (a) Authority for Additional Judges.--Section 103(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(a)) is amended--
          (1) by inserting ``(1)'' after ``(a)'';
          (2) in paragraph (1) (as so designated)--
                  (A) by striking ``11'' and inserting ``15''; 
                and
                  (B) by inserting ``at least'' before ``seven 
                of the United States judicial circuits''; and
          (3) by designating the second sentence as paragraph 
        (3) and indenting such paragraph, as so designated, two 
        ems from the left margin.
  (b) Consideration of Emergency Applications.--Such section is 
further amended by inserting after paragraph (1) (as designated 
by subsection (a)(1)) the following new paragraph:
  ``(2) A judge of the court shall make a determination to 
approve, deny, or modify an application submitted pursuant to 
section 105(f), section 304(e), or section 403 not later than 
24 hours after the receipt of such application by the court.''.

SEC. 8. REITERATION OF FISA AS THE EXCLUSIVE MEANS BY WHICH ELECTRONIC 
                    SURVEILLANCE MAY BE CONDUCTED FOR GATHERING FOREIGN 
                    INTELLIGENCE INFORMATION.

  (a) Exclusive Means.--Notwithstanding any other provision of 
law, the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) shall be the exclusive means by which 
electronic surveillance may be conducted for the purpose of 
gathering foreign intelligence information.
  (b) Specific Authorization Required for Exception.--
Subsection (a) shall apply until specific statutory 
authorization for electronic surveillance, other than as an 
amendment to the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), is enacted. Such specific statutory 
authorization shall be the only exception to subsection (a).

SEC. 9. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN WARTIME AND 
                    OTHER COLLECTION.

   Sections 111, 309, and 404 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1811, 1829, and 1844) are 
amended by striking ``Congress'' and inserting ``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. 10. AUDIT OF WARRANTLESS SURVEILLANCE PROGRAMS.

  (a) Audit.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the Department 
of Justice shall complete an audit of all programs of the 
Federal Government involving the acquisition of communications 
conducted without a court order on or after September 11, 2001, 
including the Terrorist Surveillance Program referred to by the 
President in a radio address on December 17, 2005. Such audit 
shall include acquiring all documents relevant to such 
programs, including memoranda concerning the legal authority of 
a program, authorizations of a program, certifications to 
telecommunications carriers, and court orders.
  (b) Report.--
          (1) In general.--Not later than 30 days after the 
        completion of the audit under subsection (a), the 
        Inspector General shall submit to the Permanent Select 
        Committee on Intelligence and the Committee on the 
        Judiciary of the House of Representatives and the 
        Select Committee on Intelligence and the Committee on 
        the Judiciary of the Senate a report containing the 
        results of such audit, including all documents acquired 
        pursuant to conducting such audit.
          (2) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may include a 
        classified annex.
  (c) Expedited Security Clearance.--The Director of National 
Intelligence shall ensure that the process for the 
investigation and adjudication of an application by the 
Inspector General or the appropriate staff of the Office of the 
Inspector General of the Department of Justice for a security 
clearance necessary for the conduct of the audit under 
subsection (a) is conducted as expeditiously as possible.

SEC. 11. RECORD-KEEPING SYSTEM ON ACQUISITION OF COMMUNICATIONS OF 
                    UNITED STATES PERSONS.

  (a) Record-Keeping System.--The Director of National 
Intelligence and the Attorney General shall jointly develop and 
maintain a record-keeping system that will keep track of--
          (1) the instances where the identity of a United 
        States person whose communications were acquired was 
        disclosed by an element of the intelligence community 
        (as defined in section 3(4) of the National Security 
        Act of 1947 (50 U.S.C. 401a(4)) that collected the 
        communications to other departments or agencies of the 
        United States; and
          (2) the departments and agencies of the Federal 
        Government and persons to whom such identity 
        information was disclosed.
  (b) Report.--The Director of National Intelligence and the 
Attorney General shall annually submit to the Permanent Select 
Committee on Intelligence and the Committee on the Judiciary of 
the House of Representatives and the Select Committee on 
Intelligence and the Committee on the Judiciary of the Senate a 
report on the record-keeping system created under subsection 
(a), including the number of instances referred to in paragraph 
(1).

SEC. 12. AUTHORIZATION FOR INCREASED RESOURCES RELATING TO FOREIGN 
                    INTELLIGENCE SURVEILLANCE.

  (a) In General.--There are authorized to be appropriated the 
Department of Justice, for the activities of the Office of the 
Inspector General, the appropriate elements of the National 
Security Division, and the National Security Agency such sums 
as may be necessary to meet the personnel and information 
technology demands to ensure the timely and efficient 
processing of--
          (1) applications and other submissions to the court 
        established under section 103(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1803(a));
          (2) the audit and reporting requirements under--
                  (A) section 105D of such Act; and
                  (B) section 10; and
          (3) the record-keeping system and reporting 
        requirements under section 11.
  (b) Additional Personnel for Preparation and Consideration of 
Applications for Orders Approving Electronic Surveillance and 
Physical Search.--
          (1) National security division of the department of 
        justice.--
                  (A) Additional personnel.--The National 
                Security Division of the Department of Justice 
                is hereby authorized such additional personnel 
                as may be necessary to carry out the prompt and 
                timely preparation, modification, and review of 
                applications under Foreign Intelligence 
                Surveillance Act of 1978 for orders under that 
                Act for foreign intelligence purposes.
                  (B) Assignment.--The Attorney General shall 
                assign personnel authorized by paragraph (1) to 
                and among appropriate offices of the 
                intelligence community (as defined in section 
                3(4) of the National Security Act of 1947 (50 
                U.S.C. 401a(4))) in order that such personnel 
                may directly assist personnel of the 
                Intelligence Community in preparing 
                applications described in that paragraph and 
                conduct prompt and effective oversight of the 
                activities of such agencies under Foreign 
                Intelligence Surveillance Court orders.
          (2) Director of national intelligence.--
                  (A) Additional legal and other personnel.--
                The Director of National Intelligence is hereby 
                authorized such additional legal and other 
                personnel as may be necessary to carry out the 
                prompt and timely preparation of applications 
                under the Foreign Intelligence Surveillance Act 
                of 1978 for orders under that Act approving 
                electronic surveillance for foreign 
                intelligence purposes.
                  (B) Assignment.--The Director of National 
                Intelligence shall assign personnel authorized 
                by paragraph (1) to and among the intelligence 
                community (as defined in section 3(4) of the 
                National Security Act of 1947 (50 U.S.C. 
                401a(4))), including the field offices of the 
                Federal Bureau of Investigation, in order that 
                such personnel may directly assist personnel of 
                the intelligence community in preparing 
                applications described in that paragraph.
          (3) Additional legal and other personnel for foreign 
        intelligence surveillance court.--There is hereby 
        authorized for the court established under section 
        103(a) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1803(a)) such additional staff 
        personnel as may be necessary to facilitate the prompt 
        and timely consideration by that court of applications 
        under such Act for orders under such Act approving 
        electronic surveillance for foreign intelligence 
        purposes. Personnel authorized by this paragraph shall 
        perform such duties relating to the consideration of 
        such applications as that court shall direct.
          (4) Supplement not supplant.--The personnel 
        authorized by this section are in addition to any other 
        personnel authorized by law.

SEC. 13. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR ORDERS 
                    APPROVING ELECTRONIC SURVEILLANCE.

  (a) System Required.--The Attorney General shall, in 
consultation with the Director of National Intelligence and the 
Foreign Intelligence Surveillance Court, develop and implement 
a secure, classified document management system that permits 
the prompt preparation, modification, and review by appropriate 
personnel of the Department of Justice, the Federal Bureau of 
Investigation, the National Security Agency, and other 
applicable elements of the United States Government of 
applications under the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1804) before their submission to the Foreign 
Intelligence Surveillance Court.
  (b) Scope of System.--The document management system required 
by subsection (a) shall--
          (1) permit and facilitate the prompt submittal of 
        applications to the Foreign Intelligence Surveillance 
        Court under the Foreign Intelligence Surveillance Act 
        of 1978; and
          (2) permit and facilitate the prompt transmittal of 
        rulings of the Foreign Intelligence Surveillance Court 
        to personnel submitting applications described in 
        paragraph (1), and provide for the secure electronic 
        storage and retrieval of all such applications and 
        related matters with the court and for their secure 
        transmission to the National Archives and Records 
        Administration.

SEC. 14. TRAINING OF INTELLIGENCE COMMUNITY PERSONNEL IN FOREIGN 
                    INTELLIGENCE COLLECTION MATTERS.

  The Director of National Intelligence shall, in consultation 
with the Attorney General--
          (1) develop regulations to establish procedures for 
        conducting and seeking approval of electronic 
        surveillance, physical search, and the installation and 
        use of pen registers and trap and trace devices on an 
        emergency basis, and for preparing and properly 
        submitting and receiving applications and orders under 
        the Foreign Intelligence Surveillance Act of 1978; and
          (2) prescribe related training on the Foreign 
        Intelligence Surveillance Act of 1978 and related legal 
        matters for the personnel of the applicable agencies of 
        the intelligence community (as defined in section 3(4) 
        of the National Security Act of 1947 (50 U.S.C. 
        401a(4))).

SEC. 15. INFORMATION FOR CONGRESS ON THE TERRORIST SURVEILLANCE PROGRAM 
                    AND SIMILAR PROGRAMS.

  As soon as practicable after the date of the enactment of 
this Act, but not later than seven days after such date, the 
President shall fully inform each member of the Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate on the following:
          (1) The Terrorist Surveillance Program of the 
        National Security Agency.
          (2) Any program in existence from September 11, 2001, 
        until the effective date of this Act that involves, 
        whether in part or in whole, the electronic 
        surveillance of United States persons in the United 
        States for foreign intelligence or other purposes, and 
        which is conducted by any department, agency, or other 
        element of the United States Government, or by any 
        entity at the direction of a department, agency, or 
        other element of the United States Government, without 
        fully complying with the procedures set forth in the 
        Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) or chapter 119, 121, or 206 of 
        title 18, United States Code.

SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Table of Contents.--The table of contents in the first 
section of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by striking the items 
relating to sections 105A, 105B, and 105C and inserting the 
following new items:

``Sec. 105A. Clarification of electronic surveillance of non-United 
          States persons outside the United States.
``Sec. 105B. Additional authorization of acquisitions of communications 
          of non-United States persons located outside the United States 
          who may be communicating with persons inside the United 
          States.
``Sec. 105C. Emergency authorization of acquisitions of communications 
          of non-United States persons located outside the United States 
          who may be communicating with persons inside the United 
          States.
``Sec. 105D. Oversight of acquisitions of communications of non-United 
          States persons located outside of the United States who may be 
          communicating with persons inside the United States.''.

  (b) Section 103(e) of FISA.--Section 103(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e)) is 
amended--
          (1) in paragraph (1), by striking ``105B(h) or''; and
          (2) in paragraph (2), by striking ``105B(h) or''.
  (c) Repeal of Certain Provisions of the Protect America 
Act.--Sections 4 and 6 of the Protect America Act (Public Law 
110-55) are hereby repealed.

SEC. 17. SUNSET; TRANSITION PROCEDURES.

  (a) Sunset of New Provisions.--
          (1) In general.--Except as provided in paragraph (2), 
        effective on December 31, 2009--
                  (A) sections 105A, 105B, 105C, and 105D of 
                the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1801 et seq.) are hereby 
                repealed; and
                  (B) the table of contents in the first 
                section of such Act is amended by striking the 
                items relating to sections 105A, 105B, 105C, 
                and 105D.
          (2) Acquisitions authorized prior to sunset.--Any 
        authorization or order issued under section 105B of the 
        Foreign Intelligence Surveillance Act of 1978, as 
        amended by this Act, in effect on December 31, 2009, 
        shall continue in effect until the date of the 
        expiration of such authorization or order.
  (b) Acquisitions Authorized Prior to Enactment.--
          (1) Effect.--Notwithstanding the amendments made by 
        this Act, an authorization of the acquisition of 
        foreign intelligence information under section 105B of 
        the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) made before the date of the 
        enactment of this Act shall remain in effect until the 
        date of the expiration of such authorization or the 
        date that is 180 days after such date of enactment, 
        whichever is earlier.
          (2) Report.--Not later than 30 days after the date of 
        the expiration of all authorizations of acquisition of 
        foreign intelligence information under section 105B of 
        the Foreign Intelligence Surveillance Act of 1978 (as 
        added by Public Law 110-55) made before the date of the 
        enactment of this Act in accordance with paragraph (1), 
        the Director of National Intelligence and the Attorney 
        General shall submit to the Permanent Select Committee 
        on Intelligence and the Committee on the Judiciary of 
        the House of Representatives and the Select Committee 
        on Intelligence and the Committee on the Judiciary of 
        the Senate a report on such authorizations, including--
                  (A) the number of targets of an acquisition 
                under section 105B of such Act (as in effect on 
                the day before the date of the enactment of 
                this Act) that were later determined to be 
                located in the United States;
                  (B) the number of persons located in the 
                United States whose communications have been 
                acquired under such section;
                  (C) the number of reports disseminated 
                containing information on a United States 
                person that was collected under such section;
                  (D) the number of applications submitted for 
                approval of electronic surveillance under 
                section 104 of such Act based upon information 
                collected pursuant to an acquisition authorized 
                under section 105B of such Act (as in effect on 
                the day before the date of the enactment of 
                this Act); and
                  (E) a description of any incidents of non-
                compliance with an authorization under such 
                section, including incidents of non-compliance 
                by--
                          (i) an element of the intelligence 
                        community with procedures referred to 
                        in subsection (a)(1) of such section;
                          (ii) an element of the intelligence 
                        community with minimization procedures 
                        referred to in subsection (a)(5) of 
                        such section; and
                          (iii) a person directed to provide 
                        information, facilities, or technical 
                        assistance under subsection (e) of such 
                        section.
          (3) Intelligence community defined.--In this 
        subsection, the term ``intelligence community'' has the 
        meaning given the term in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4)).

         PART B--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Page 2, strike lines 10 through 18 and insert the following:
  ``Sec. 105A. (a) Foreign to Foreign Communications.--
          ``(1) In general.--Notwithstanding any other 
        provision of this Act, a court order is not required 
        for electronic surveillance directed at the acquisition 
        of the contents of any communication between persons 
        that are not known to be United States persons and are 
        reasonably believed to be located outside the United 
        States for the purpose of collecting foreign 
        intelligence information, without respect to whether 
        the communication passes through the United States or 
        the surveillance device is located within the United 
        States.
          ``(2) Treatment of inadvertent interceptions.--If 
        electronic surveillance referred to in paragraph (1) 
        inadvertently collects a communication in which at 
        least one party to the communication is located inside 
        the United States or is a United States person, the 
        contents of such communication shall be handled in 
        accordance with minimization procedures adopted by the 
        Attorney General 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 7 days unless a 
        court order under section 105 is obtained or unless the 
        Attorney General determines that the information 
        indicates a threat of death or serious bodily harm to 
        any person.
  Page 3, line 16 strike ``COMMUNICATING WITH'' and insert 
``COMMUNICATING WITH PERSONS''.
  Page 6, line 20, strike ``Application.--Not later than'' and 
insert the following: ``Application; Appeals.--
          ``(1) Review of application.--Not later than''
  Page 6, line 24, redesignate paragraph (1) as subparagraph 
(A).
  Page 7, line 4, redesignate paragraph (2) as subparagraph 
(B).
  Page 7, line 8, redesignate paragraph (3) as subparagraph 
(C).
  Page 7, after line 14 insert the following:
          ``(2) Temporary order; appeals.--
                  ``(A) Temporary order.--A judge denying an 
                application under paragraph (1) may, at the 
                application of the United States, issue a 
                temporary order to authorize an acquisition 
                under section 105B in accordance with the 
                application submitted under subsection (a) 
                during the pendency of any appeal of the denial 
                of such application.
                  ``(B) Appeals.--The United States may appeal 
                the denial of an application for an order under 
                paragraph (1) or a temporary order under 
                subparagraph (A) in accordance with section 
                103.
  Page 8, line 19, strike ``and''.
  Page 8, after line 22 insert the following:
                          ``(iii) a certification stating that 
                        the acquisition is authorized under 
                        this section and that all requirements 
                        of this section have been met; and''.
  Page 14, line 2, strike ``Assistance.--Pursuant to'' and 
insert the following: ``Assistance.--
          ``(1) Directive.--Pursuant to''
  Page 14, line 9, redesignate paragraph (1) as subparagraph 
(A).
  Page 14, line 16, redesignate paragraph (2) as subparagraph 
(B).
  Page 14, line 19, strike the quotation mark and the second 
period.
  Page 14, after line 19 insert the following:
          ``(2) Parameters; certifications.--The Attorney 
        General shall provide to any person directed to provide 
        assistance under paragraph (1) with--
                  ``(A) a document setting forth the parameters 
                of the directive;
                  ``(B) a certification stating that--
                          ``(i) the emergency authorization has 
                        been issued pursuant to this section;
                          ``(ii) all requirements of this 
                        section been met;
                          ``(iii) a judge has been informed of 
                        the emergency authorization in 
                        accordance with subsection (b)(2); and
                          ``(iv) an application will be 
                        submitted in accordance with subsection 
                        (a); and
                  ``(C) a certification that the recipient of 
                the directive shall be compensated, at the 
                prevailing rate, for providing information, 
                facilities, or assistance pursuant to such 
                directive.''.
  Page 31, line 2, strike ``Protect America Act'' and insert 
``Protect America Act of 2007''.
  At the appropriate place in the bill insert the following new 
section:

SEC. __. CERTIFICATION TO COMMUNICATIONS SERVICE PROVIDERS THAT 
                    ACQUISITIONS ARE AUTHORIZED UNDER FISA.

  (a) Authorization Under Section 102.--Section 102(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1802(a)) is amended by striking ``furnishing such aid'' and 
inserting ``furnishing such aid and shall provide such carrier 
with a certification stating that the electronic surveillance 
is authorized under this section and that all requirements of 
this section have been met''.
  (b) Authorization Under Section 105.--Section 105(c)(2) of 
such Act (50 U.S.C. 1805(c)(2)) is amended--
          (1) in subparagraph (C), by striking ``; and'' and 
        inserting ``;'';
          (2) in subparagraph (D), by striking ``aid.'' and 
        inserting ``aid; and''; and
          (3) by adding at the end the following new 
        subparagraph:
                  ``(E) that the applicant provide such 
                carrier, landlord, custodian, or other person 
                with a certification stating that the 
                electronic surveillance is authorized under 
                this section and that all requirements of this 
                section have been met.''.
  At the appropriate place in the bill insert the following new 
section:

SEC. __. STATUTE OF LIMITATIONS.

  (a) In General.--Section 109 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1809) is amended by adding 
at the end the following new subsection:
  ``(e) Statute of Limitations.--No person shall be prosecuted, 
tried, or punished for any offense under this section unless 
the indictment is found or the information is instituted not 
later than 10 years after the commission of the offense.''.
  (b) Application.--The amendment made by subsection (a) shall 
apply to any offense committed before the date of the enactment 
of this Act if the statute of limitations applicable to that 
offense has not run as of such date.
  At the appropriate place in the bill insert the following new 
section:

SEC. __. NO RIGHTS UNDER THE RESTORE ACT FOR UNLAWFUL RESIDENTS.

  Nothing in this Act or the amendments made by this Act shall 
be construed to prevent lawfully conducted surveillance of or 
grant any rights to an alien not lawfully permitted to be in or 
remain in the United States.

                                  
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