[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3782 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3782

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2007

Mr. Holt (for himself, Mr. Tierney, Ms. Schakowsky, Ms. Watson, and Mr. 
   Nadler) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Select Committee on 
   Intelligence (Permanent Select), for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

    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 Modernization 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 and 121 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. Information for Congress on the terrorist surveillance 
                            program and similar programs.
 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 and physical 
                            search.
Sec. 202. Foreign Intelligence Surveillance Court matters.
Sec. 203. Document management system for applications for orders 
                            approving electronic surveillance.
Sec. 204. Additional personnel for preparation and consideration of 
                            applications for orders approving 
                            electronic surveillance and physical 
                            search.
Sec. 205. Training of intelligence community personnel in foreign 
                            intelligence collection matters.
Sec. 206. Enhancement of electronic surveillance authority in wartime 
                            and other collection.
TITLE III--CLARIFICATIONS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
                                OF 1978

Sec. 301. Repeal of Protect America Act.
Sec. 302. Acquisition of foreign-to-foreign communications.
                        TITLE IV--OTHER MATTERS

Sec. 401. Authorization of appropriations.
Sec. 402. Effective date.
Sec. 403. Sunset.

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) Electronic surveillance.--The term ``electronic 
        surveillance'' has the meaning given such term in section 
        101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801(f)).
            (3) Physical search.--The term ``physical search'' has the 
        meaning given such term in section 301(5) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(5)).
            (4) Pen register and trap and trace device.--The terms 
        ``pen register'' and ``trap and trace device'' have the meaning 
        given such terms in section 3127 of Title 18.
            (5) 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)).
            (6) 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)).

  TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY

SEC. 101. REITERATION OF CHAPTERS 119 AND 121 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.--Section 2511(2)(f) of Title 18, United States 
Code, is amended by striking ``and procedures in this chapter'' and all 
that follows, and inserting ``and procedures in this chapter, chapters 
121 and 206 of this title, 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 defined in section 101 of such Act, 
the interception of domestic wire, oral, and electronic communications, 
the accessing of stored electronic communications, and the installation 
and use of pen registers and trap and trace devices 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 titles I or IV of the 
Foreign Intelligence Surveillance Act (50 U.S.C. 1801-1811 and 1841-
1846), or chapters 119, 121, or 206 of title 18, United States Code,'' 
and section 307(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1827(a)) is amended by striking ``as authorized by statute'' 
and inserting ``as authorized by title III of the Foreign Intelligence 
Surveillance Act (50 U.S.C. 1821-1829) or Rule 41 of the Federal Rules 
of Criminal Procedure or any other warrant issued by a court of 
competent jurisdiction''.
    (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 
titles I and IV of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), this chapter, or chapter 121 or 206 of this 
title''.

SEC. 102. 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 congressional intelligence committees 
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.

 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 AND PHYSICAL SEARCH.

    Sections 105(f) and 304(e) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1805(f) and 1824(e)) are amended by striking 
``72 hours'' both places it appears in each of those sections and 
inserting ``7 days''.

SEC. 202. 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 deleting ``11'' 
        and replacing it with ``15'' and 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 (2), as added by 
subsection (a)(4) of this section, the following new paragraph:
    ``(2) A judge of the court shall make a determination to approve, 
deny, or modify an application submitted pursuant to subsection (f) of 
section 105, subsection (e) of section 304, or section 403 not later 
than 24 hours after the receipt of such application by the court.''.

SEC. 203. 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. 204. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF 
              APPLICATIONS FOR ORDERS APPROVING ELECTRONIC SURVEILLANCE 
              AND PHYSICAL SEARCH.

    (a) Office of Intelligence, National Security Division.--
            (1) Additional personnel.--The Office of Intelligence, 
        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.
            (2) Assignment.--The Attorney General shall assign 
        personnel authorized by paragraph (1) to and among appropriate 
        offices of the United States Intelligence Community 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.
    (b) Director of National Intelligence.--
            (1) 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.
            (2) Assignment.--The Director of National Intelligence 
        shall assign personnel authorized by paragraph (1) to and among 
        the agencies of the United States Intelligence Community, 
        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.
    (c) 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 the Foreign Intelligence Surveillance Act 
of 1978 for orders under that 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.
    (d) Supplement Not Supplant.--The personnel authorized by this 
section are in addition to any other personnel authorized by law.

SEC. 205. 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.

SEC. 206. 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.''.

TITLE III--CLARIFICATIONS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
                                OF 1978

SEC. 301. REPEAL OF PROTECT AMERICA ACT.

    (a) In General.--The Protect America Act (Public Law 110-55) is 
hereby repealed.
    (b) Conforming Amendments.--The Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
            (1) in the table of contents in the first section, by 
        striking the items relating to sections 105A, 105B, and 105C;
            (2) in section 103(e)--
                    (A) in paragraph (1), by striking ``105B(h) or 
                501(f)(1)'' and inserting ``501(f)(1)''; and
                    (B) in paragraph (2), by striking ``105B(h) or 
                501(f)(1)'' and inserting ``501(f)(1)''; and
            (3) by striking sections 105A, 105B, and 105C.

SEC. 302. ACQUISITION OF FOREIGN-TO-FOREIGN COMMUNICATIONS.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is further amended--
            (1) in section 102(a)----
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by striking ``; or'' and 
                        inserting ``;'';
                            (ii) in clause (ii), by striking ``;'' and 
                        inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(iii) the acquisition of the contents of 
                        communications transmitted exclusively between 
                        or among persons reasonably believed to be 
                        located outside of the United States and not 
                        known to be United States persons, without 
                        respect to whether the communication passes 
                        through the United States or the surveillance 
                        device is located within the United States.'';
                    (B) in paragraph (1)(B), by inserting ``in the case 
                of clause (A)(i) or (A)(ii),'' before ``there is no''; 
                and
                    (C) by adding at the end the following: 
                ``Determinations with respect to whether or not a 
                person is reasonably believed to be located outside the 
                United States shall be made in accordance with 
                guidelines promulgated by the Attorney General within 
                30 days of the enactment of the Foreign Intelligence 
                Surveillance Modernization Act of 2007, and said 
                guidelines and the results of the acquisition of 
                communications authorized by this Act in which the 
                communications of U.S. Persons are incidentally 
                acquired, and of the implementation of all guidelines 
                developed by the Attorney General governing said 
                acquisition activities, shall be reviewed not less than 
                quarterly by the court established by section 103(a) of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1803(a).''; and
            (2) in section 302(a)(1)(A)--
                    (A) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively;
                    (B) by inserting after clause (i) the following new 
                clause:
                            ``(ii) the physical search is solely 
                        directed at stored electronic communications 
                        between or among persons reasonably believed to 
                        be located outside of the United States and not 
                        known to be United States persons that are in 
                        the possession of a provider of a remote 
                        computing service, as that term is used in 
                        section 2711(2) of title 18, United States 
                        Code; the term `stored electronic 
                        communication' shall mean any communication, 
                        other than a wire or radio communication, that 
                        is in `electronic storage' as that term is 
                        defined by section 2511(17) of Title 18, United 
                        States Code;''; and
                    (C) in clause (iii) (as so redesignated), by 
                inserting ``in the case of clause (i),'' before ``there 
                is no substantial likelihood''.

                        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.

    (a) In General.--Subject to subsection (b), 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, and all orders issued 
pursuant to Protect America Act (Public Law 110-55) up to the date of 
the enactment of this Act shall continue in effect, provided that the 
activities authorized by orders issued under the Protect America Act 
(Public Law 110-55) are brought into compliance with the provisions of 
this Act within 90 days of enactment of this Act.
    (b) Exception.--Subsection (a) shall not apply to section 102.

SEC. 403. SUNSET.

    Effective on December 31, 2009--
            (1) this Act shall cease to have effect; and
            (2) the provisions of law amended by this Act are amended 
        to read as they read before the enactment of this Act.
                                 <all>