Congressional Record: April 16, 2007 (Senate)
Page S4491-S4494
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN (for herself and Mr. Specter):
S. 1114. A bill to reiterate the exclusivity of the Foreign
Intelligence Surveillance Act of 1978 as the sole authority to permit
the conduct of electronic surveillance, to modernize surveillance
authorities, and for other purposes; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise today to re-introduce
legislation from the last Congress that would bring all electronic
surveillance of terrorists under the color of law and would modernize
the rules for conducting such surveillance. I am pleased that Senator
Specter, the Ranking Member of the Judiciary Committee, has co-
sponsored this legislation.
We all agree that the President and the Intelligence Community should
have all the tools they need to find the terrorists before they have a
chance to strike us again. This cannot be said too many times in too
many ways.
We also agree, though, that these intelligence tools can and should
be used in a way that protects the constitutional and privacy rights of
all Americans. That is the balance that this legislation attempts to
strike.
Nowhere is this more at issue than in electronic surveillance, where
government officials record the content of Americans' phone and
electronic communications. This important means of obtaining critical
counterterrorism information is at the same time a significant,
constitutionally recognized intrusion into Americans' privacy rights.
It is worth reminding ourselves of this. We have recently focused on
the use of National Security Letters, through which the FBI
inappropriately obtained telephone records of at least hundreds of
Americans. Electronic surveillance goes far beyond records and collects
the actual content--the words spoken over the phone or typed in email.
It is also worth reminding ourselves of why this legislation is
necessary, as it has been several months before this was the top
legislative issue before the Senate.
For more than five years since September 11, 2001, the National
Security Agency collected the content of calls from or to United States
persons--citizens and permanent residents--without a court order as is
required by the Foreign Intelligence Surveillance Act of 1978 (FISA).
This surveillance was done without notifying and seeking
authorization from the congressional intelligence committees. The
President and Vice President have very closely restricted disclosure of
information about what they call the ``Terrorist Surveillance
Program.''
Until this surveillance came to light through an article in The New
York Times in December 2005, only eight members of Congress were
briefed on it. Even after the article came out, the White House refused
to brief the members of the House and Senate Intelligence Committees
for several months.
Even now, the Intelligence Committee does not have all the
information it needs to carry out its Constitutional oversight duties.
Throughout 2006, the Judiciary Committee debated various bills to
authorize or prohibit electronic surveillance outside of FISA. The bill
that Senator Specter and I authored last year, which is being re-
introduced today, was reported out of Judiciary on a bipartisan vote on
September 13, 2006. The Senate, however, took no legislative action
prior to adjournment.
Then, on January 17, 2007, Attorney General Alberto Gonzales notified
the chairman and ranking member of the Senate Judiciary Committee that
the FISA Court had authorized the Terrorist Surveillance Program. Since
January, the program has proceeded
[[Page S4492]]
under Court supervision, as is required by FISA.
I was pleased that the Administration submitted the TSP to the FISA
Court, and that the Court had found a way to issue an order approving
this surveillance. I was pleased, but not surprised.
I had maintained throughout the legislative debate last year that it
would not take many changes for the TSP to fit under the confines of
FISA. All it took was the willingness of the Administration to follow
legal process.
Members may ask, given the recent developments, why legislation is
now necessary. There are two reasons.
The first is that the Senate should enact this bill is because this
Administration has never conceded the point that it cannot conduct
electronic surveillance outside of the law. It has put the TSP under
FISA Court review, but it asserts that it has the right not to do so.
Future Administrations, if not enjoined, may take the same view.
I disagree with this legal analysis.
Secondly, the Director of the National Security Agency, the Director
of the FBI, and the Attorney General have said on many occasions that
FISA is outdated and in need of modernization. The current FISA process
is too bureaucratic, too slow to initiate electronic surveillance from
the time a suspected terrorist's phone or email account is identified.
This bill addresses those concerns by providing new flexibility and
additional resources to speed the FISA process and allow for the more
timely collection of valuable intelligence.
Allow me to summarize the legislation. The bill: re-iterates that
FISA is the exclusive means for conducting electronic surveillance for
intelligence purposes.
Specifies that FISA's requirements cannot be written off through
contorted interpretations of other statutes. The Administration's
tortured argument with respect to the Authorization for the 2001 Use of
Military Force (AUMF) notwithstanding, this legislation would specify
that FISA's language can only be undone by a specific and direct Act of
Congress.
Requires that Congress, through the Intelligence Committees, be fully
briefed on the Terrorist Surveillance Program and any related
surveillance programs.
Requires the Supreme Court to review, on an expedited basis, the
constitutionality of the Terrorist Surveillance Program.
Streamlines the current ``emergency procedures'' in FISA. Currently,
the Attorney General can authorize surveillance prior to a Court order
for 72 hours in an emergency. This legislation would extend the time
to one week, which should remove any doubt as to whether Court approval
can be sought and obtained in time. The bill also allows the Attorney
General to delegate his authority to initiate electronic surveillance
in an emergency to specific supervisory officials at the NSA and FBI.
Authorizes additional personnel to expedite the writing, submission,
and review of FISA applications. Specifically, additional FISA Court
judges and staff are authorized, as are additional positions at the
Department of Justice, FBI, and NSA.
Extends the existing FISA authority--for 15 days of warrantless
surveillance following a declaration of war--to any 30-day period
following an authorization for the use of military force or a national
emergency following a terrorist attack.
Allows the National Security Agency to take full advantage of its
capabilities to collect intelligence on foreign communications.
While foreign-to-foreign communications are not covered now by FISA's
requirements, the NSA can only conduct surveillance on these calls if
it can be sure, in advance, that a telephone call of email won't
transit the United States or unexpectedly end here. In the age of cell
phones and the global telecommunications system, this a priori
certification is very difficult to make. This legislation therefore
specifies that in such inadvertent collection cases, the NSA must
minimize the data, but that it has not violated the law.
Finally, the legislation clarifies that FISA court orders for
electronic surveillance must be individualized to a particular target
that the government has probable cause to believe is a foreign power or
an agent of a foreign power.
From the briefings I have received as a member of the Intelligence
Committee and the hearings held in Judiciary, I am convinced that the
Terrorist Surveillance Program is an important anti-terrorism tool that
should be continued.
It is also clear from the January FISA Court ruling that the
Terrorist Surveillance Program can be conducted within the confines of
FISA. It is appropriate now for Congress to re-iterate that this is the
appropriate arrangement.
This is by no means an issue that has been overtaken by events. The
Administration continues to support a view of plenary authority in
which it can conduct electronic surveillance in violation of FISA. The
NSA and the FBI continue to labor under a process that was formed 29
years ago, prior to fundamental changes in the telecommunications
system.
I urge the Senate to act to ensure that the law is followed and
privacy rights upheld, and to provide the Intelligence Community the
tools it needs to continue to make us safe.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1114
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foreign
Intelligence Surveillance Improvement and Enhancement 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. Definitions.
TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY
Sec. 101. Reiteration of chapters 119, 121, and 206 of title 18, United
States Code, and Foreign Intelligence Surveillance Act of
1978 as exclusive means by which domestic electronic
surveillance may be conducted.
Sec. 102. Specific authorization required for any repeal or
modification of title I of the Foreign Intelligence
Surveillance Act of 1978.
Sec. 103. Information for Congress on the terrorist surveillance
program and similar programs.
Sec. 104. Supreme Court review of the Terrorist Surveillance Program.
TITLE II--APPLICATIONS AND PROCEDURES FOR ELECTRONIC SURVEILLANCE FOR
FOREIGN INTELLIGENCE PURPOSES
Sec. 201. Extension of period for applications for orders for emergency
electronic surveillance.
Sec. 202. Additional authority for emergency electronic surveillance.
Sec. 203. Foreign Intelligence Surveillance Court matters.
Sec. 204. Document management system for applications for orders
approving electronic surveillance.
Sec. 205. Additional personnel for preparation and consideration of
applications for orders approving electronic
surveillance.
Sec. 206. Training of Federal Bureau of Investigation and National
Security Agency personnel in foreign intelligence
surveillance matters.
Sec. 207. Enhancement of electronic surveillance authority in wartime.
TITLE III--CLARIFICATIONS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978
Sec. 301. Acquisition of foreign-foreign communications.
Sec. 302. Individualized FISA orders.
TITLE IV--OTHER MATTERS
Sec. 401. Authorization of appropriations.
Sec. 402. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Foreign intelligence surveillance court.--The term
``Foreign Intelligence Surveillance Court'' means the court
established by section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(3) United states person.--The term ``United States
person'' has the meaning given such term in section 101(i) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(i)).
[[Page S4493]]
TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY
SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF TITLE
18, UNITED STATES CODE, AND FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978 AS
EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC
SURVEILLANCE MAY BE CONDUCTED.
(a) Exclusive Means.--Notwithstanding any other provision
of law, chapters 119, 121, and 206 of title 18, United States
Code, and the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) shall be the exclusive means by
which electronic surveillance (as that term is defined in
section 101(f) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801(f)) may be conducted.
(b) Amendment to Foreign Intelligence Surveillance Act of
1978.--Section 109(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by
striking ``authorized by statute'' each place it appears and
inserting ``authorized by this title or chapter 119, 121, or
206 of title 18, United States Code''.
(c) Amendment to Title 18, United States Code.--Section
2511(2)(a)(ii)(B) of title 18, United States Code, is amended
by striking ``statutory requirements'' and inserting
``requirements under the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), this chapter, or
chapters 121 or 206 of this title''.
SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL OR
MODIFICATION OF TITLE I OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Title I of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended
by inserting after section 109 the following new section:
``SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL OR MODIFICATION OF
TITLE
``Sec. 109A. No provision of law shall be construed to
implicitly repeal or modify this title or any provision
thereof, nor shall any provision of law be deemed to repeal
or modify this title in any manner unless such provision of
law, if enacted after the date of the enactment of the
Foreign Intelligence Surveillance Improvement and Enhancement
Act of 2007, expressly amends or otherwise specifically cites
this title.''.
(b) Clerical Amendment.--The table of contents for that Act
is amended by inserting after the item relating to section
109 the following new item:
``Sec. 109A. Specific authorization required for any repeal or
modification of title.''.
SEC. 103. 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 brief and inform each member of the
congressional intelligence committees on the following:
(1) The Terrorist Surveillance Program of the National
Security Agency.
(2) Any program which involves, whether in part or in
whole, the electronic surveillance of United States persons
in the United States for foreign intelligence 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. 104. SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE
PROGRAM.
(a) In General.--Upon petition by the United States or any
party to the underlying proceedings, the Supreme Court of the
United States shall review a final decision on the merits
concerning the constitutionality of the Terrorist
Surveillance Program in at least one case that is pending in
the courts of the United States on the date of enactment of
this Act.
(b) Expedited Consideration.--It shall be the duty of the
Supreme Court of the United States to advance on the docket
and to expedite to the greatest possible extent the
disposition of any matter brought under subsection (a).
(c) Definition.--In this section, the term ``Terrorist
Surveillance Program'' means the program identified by the
President on December 17, 2005, to intercept international
communications into and out of the United States of persons
linked to al Qaeda or related terrorist organizations.
TITLE II--APPLICATIONS AND PROCEDURES FOR ELECTRONIC SURVEILLANCE FOR
FOREIGN INTELLIGENCE PURPOSES
SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR
EMERGENCY ELECTRONIC SURVEILLANCE.
Section 105(f) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805(f)) is amended by striking ``72
hours'' both places it appears and inserting ``168 hours''.
SEC. 202. ADDITIONAL AUTHORITY FOR EMERGENCY ELECTRONIC
SURVEILLANCE.
Section 105 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805) is amended--
(1) by redesignating subsections (g), (h), (i), and (j) as
subsections (h), (i), (j), and (k), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g)(1)(A) Notwithstanding any other provision of this
title and subject to the provisions of this subsection, the
Attorney General may, with the concurrence of the Director of
National Intelligence, appoint appropriate supervisory or
executive personnel within the Federal Bureau of
Investigation and the National Security Agency to authorize
electronic surveillance on a United States person in the
United States on an emergency basis pursuant to the
provisions of this subsection.
``(B) For purposes of this subsection, an intelligence
agent or employee acting under the supervision of a
supervisor or executive appointed under subparagraph (A) may
conduct emergency electronic surveillance under this
subsection if such supervisor or executive reasonably
determines that--
``(i) an emergency situation exists with respect to the
employment of electronic surveillance to obtain foreign
intelligence information before an order authorizing such
surveillance can with due diligence be obtained; and
``(ii) the factual basis exists for the issuance of an
order approving such surveillance under this title.
``(2) The supervisors and executives appointed by the
Attorney General under paragraph (1) may only be officials as
follows:
``(A) In the case of the Federal Bureau of Investigation,
officials at or above the level of Special Agent in Charge.
``(B) In the case of the National Security Agency,
officials at or above the level of head of branch of the
National Security Agency.
``(3) A supervisor or executive responsible for the
emergency employment of electronic surveillance under this
subsection shall submit to the Attorney General a request for
approval of the surveillance within 24 hours of the
commencement of the surveillance. The request shall set forth
the ground for the belief specified in paragraph (1),
together with such other information as the Attorney General
shall require.
``(4)(A) The review of a request under paragraph (3) shall
be completed by the official concerned under that paragraph
as soon as practicable, but not more than 72 hours after the
commencement of the electronic surveillance concerned under
paragraph (1).
``(B)(i) If the official concerned determines that the
electronic surveillance does not meet the requirements of
paragraph (1), the surveillance shall terminate immediately
and may not be recommenced by any supervisor or executive
appointed under paragraph (1), or any agent or employee
acting under the supervision of such supervisor or executive,
absent additional facts or changes in circumstances that lead
a supervisor or executive appointed under paragraph (1) to
reasonably believe that the requirements of paragraph (1) are
satisfied.
``(ii) In the event of a determination under clause (i),
the Attorney General shall not be required, under section
106(j), to notify any United States person of the fact that
the electronic surveillance covered by such determination was
conducted before the termination of the surveillance under
that clause. However, the official making such determination
shall notify the court established by section 103(a) of such
determination, and shall also provide notice of such
determination in the first report that is submitted under
section 108(a) after such determination is made.
``(C) If the official concerned determines that the
surveillance meets the requirements of subsection (f), the
surveillance may continue, subject to the requirements of
paragraph (5).
``(5)(A) An application in accordance with this title shall
be made to a judge having jurisdiction under section 103 as
soon as practicable but not more than 168 hours after the
commencement of electronic surveillance under paragraph (1).
``(B) In the absence of a judicial order approving
electronic surveillance commenced under paragraph (1), the
surveillance shall terminate at the earlier of--
``(i) when the information sought is obtained;
``(ii) when the application under subparagraph (A) for an
order approving the surveillance is denied; or
``(iii) 168 hours after the commencement of the
surveillance, unless an application under subparagraph (A) is
pending, in which case the surveillance may continue for up
to an additional 24 hours while the judge has the application
under advisement.
``(C) If an application under subparagraph (A) for an order
approving electronic surveillance commenced under paragraph
(1) is denied, or in any other case in which the surveillance
is terminated and no order approving the surveillance is
issued by a court, the use of information obtained or
evidence derived from the surveillance shall be governed by
the provisions of subsection (f).
``(D) The denial of an application submitted under
subparagraph (A) may be reviewed as provided in section 103.
``(6) Any person who engages in the emergency employment of
electronic surveillance under paragraph (1) shall follow the
minimization procedures otherwise required by this title for
the issuance of a judicial order approving the conduct of
electronic surveillance.
``(7) Not later than 30 days after appointing supervisors
and executives under paragraph (1) to authorize the exercise
of authority in
[[Page S4494]]
that paragraph, the Attorney General, in consultation with
the Director of National Intelligence, shall submit to the
court established by section 103(a), the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives,
and bring up to date as required, a report that--
``(A) identifies the number of supervisors and executives
who have been so appointed and the positions held by such
supervisors and executives; and
``(B) sets forth guidelines or other directives that
describe the responsibilities of such supervisors and
executives under this subsection.''.
SEC. 203. 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, by inserting ``at
least'' before ``seven of the United States judicial
circuits'';
(3) by designating the second sentence as paragraph (4) and
indenting such paragraph, as so designated, two ems from the
left margin; and
(4) by inserting after paragraph (1), as so designated, the
following new paragraph:
``(2) In addition to the judges designated under paragraph
(1), the Chief Justice of the United States may designate as
judges of the court established by paragraph (1) such judges
appointed under Article III of the Constitution of the United
States as the Chief Justice determines appropriate in order
to provide for the prompt and timely consideration under
section 105 of applications under section 104 for electronic
surveillance under this title. Any judge designated under
this paragraph shall be designated publicly.''.
(b) Consideration of Emergency Applications.--Such section
is further amended by inserting after paragraph (2), as added
by subsection (a)(4) of this section, the following new
paragraph:
``(3) A judge of the court shall make a determination to
approve, deny, or seek modification of an application
submitted pursuant to section subsection (f) or (g) of
section 105 not later than 24 hours after the receipt of such
application by the court.''.
SEC. 204. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR
ORDERS APPROVING ELECTRONIC SURVEILLANCE.
(a) System Required.--The Attorney General shall, in
consultation with the Director of the Federal Bureau of
Investigation, the Director of the National Security Agency,
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 section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) before
their submittal 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 section 104 or 105(g)(5) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804 and 1805(g)(5)); and
(2) permit and facilitate the prompt transmittal of rulings
of the Foreign Intelligence Surveillance Court to personnel
submitting applications described in paragraph (1).
SEC. 205. ADDITIONAL PERSONNEL FOR PREPARATION AND
CONSIDERATION OF APPLICATIONS FOR ORDERS
APPROVING ELECTRONIC SURVEILLANCE.
(a) Office of Intelligence Policy and Review.--
(1) Additional personnel.--The Office of Intelligence
Policy and Review 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 section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for
orders under section 105 of that Act (50 U.S.C. 1805)
approving electronic surveillance for foreign intelligence
purposes.
(2) Assignment.--The Attorney General shall assign
personnel authorized by paragraph (1) to and among
appropriate offices of the National Security Agency in order
that such personnel may directly assist personnel of the
Agency in preparing applications described in that paragraph.
(b) Federal Bureau of Investigation.--
(1) Additional legal and other personnel.--The National
Security Branch of the Federal Bureau of Investigation is
hereby authorized such additional legal and other personnel
as may be necessary to carry out the prompt and timely
preparation of applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for
orders under section 105 of that Act (50 U.S.C. 1805)
approving electronic surveillance for foreign intelligence
purposes.
(2) Assignment.--The Director of the Federal Bureau of
Investigation shall assign personnel authorized by paragraph
(1) to and among the field offices of the Federal Bureau of
Investigation in order that such personnel may directly
assist personnel of the Bureau in such field offices in
preparing applications described in that paragraph.
(c) Additional Legal and Other Personnel for National
Security Agency.--The National Security Agency is hereby
authorized such additional legal and other personnel as may
be necessary to carry out the prompt and timely preparation
of applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) for orders under
section 105 of that Act (50 U.S.C. 1805) approving electronic
surveillance for foreign intelligence purposes.
(d) Additional Legal and Other Personnel for Foreign
Intelligence Surveillance Court.--There is hereby authorized
for the Foreign Intelligence Surveillance Court such
additional staff personnel as may be necessary to facilitate
the prompt and timely consideration by that Court of
applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) for orders under
section 105 of that Act (50 U.S.C. 1805) 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.
(e) Supplement Not Supplant.--The personnel authorized by
this section are in addition to any other personnel
authorized by law.
SEC. 206. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND
NATIONAL SECURITY AGENCY PERSONNEL IN FOREIGN
INTELLIGENCE SURVEILLANCE MATTERS.
The Director of the Federal Bureau of Investigation and the
Director of the National Security Agency shall each, in
consultation with the Attorney General--
(1) develop regulations to establish procedures for
conducting and seeking approval of electronic surveillance on
an emergency basis, and for preparing and properly submitting
and receiving applications and orders, under sections 104 and
105 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1804 and 1805); and
(2) prescribe related training for the personnel of the
applicable agency.
SEC. 207. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN
WARTIME.
Section 111 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1811) is amended by striking ``fifteen
calendar days following a declaration of war by the
Congress.'' and inserting ``30 calendar days following any of
the following:
``(1) A declaration of war by the Congress.
``(2) An authorization for the use of military force within
the meaning of section 2(c)(2) of the War Powers Resolution
(50 U.S.C. 1541(c)(2)).
``(3) A national emergency created by attack upon the
United States, its territories or possessions, or the Armed
Forces within the meaning of section 2(c)(3) of the War
Powers Resolution (50 U.S.C. 1541(c)(3)).''.
TITLE III--CLARIFICATIONS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978
SEC. 301. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS.
(a) In General.--Notwithstanding any other provision of
this Act or the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), no court order shall be required
for the acquisition through electronic surveillance of the
contents of any communication between one person who is not
located within the United States and another person who is
not located within the United States for the purpose of
collecting foreign intelligence information even if such
communication passes through, or the surveillance device is
located within, the United States.
(b) Treatment of Intercepted Communications Involving
Domestic Party.--If surveillance conducted as described in
subsection (a) inadvertently collects a communication in
which at least one party is within the United States, the
contents of such communications shall be handled in
accordance with the minimization procedures set forth in
section 101(h)(4) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(h)(4)).
(c) Definitions.--In this section, the terms ``contents'',
``electronic surveillance'', and ``foreign intelligence
information'' have the meaning given such terms in section
101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801).
SEC. 302. INDIVIDUALIZED FISA ORDERS.
Any order issued pursuant to section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805)
authorizing electronic surveillance shall be supported by an
individualized or particularized finding of probable cause to
believe the target of the electronic surveillance is a
foreign power or an agent of a foreign power.
TITLE IV--OTHER MATTERS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by
this Act.
SEC. 402. EFFECTIVE DATE.
Except as provided in section 103, this Act, and the
amendments made by this Act, shall take effect on the date
that is 30 days after the date of the enactment of this Act.
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