[Congressional Record Volume 152, Number 120 (Friday, September 22, 2006)]
[Senate]
[Pages S10044-S10050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself and Mr. Frist):
  S. 3931. A bill to establish procedures for the review of electronic 
surveillance programs; read the first time.
  Mr. McCONNELL. Mr. President, 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. 3931

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Terrorist Surveillance Act 
     of 2006''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) After the terrorist attacks of September 11, 2001, 
     President Bush authorized the National Security Agency to 
     intercept communications between people inside the United 
     States, including American citizens, and terrorism suspects 
     overseas.
       (2) One of the lessons learned from September 11, 2001, is 
     that the enemies who seek to greatly harm and terrorize our 
     Nation utilize technologies and techniques that defy 
     conventional law enforcement practices.
       (3) The President, as the constitutional officer most 
     directly responsible for protecting the United States from 
     attack, requires the ability and means to detect and track an 
     enemy that can master and exploit modern technology.
       (4) It is equally essential, however, that in protecting 
     the United States against our enemies, the President does not 
     compromise the very civil liberties that he seeks to 
     safeguard. As Justice Hugo Black observed, ``The President's 
     power, if any, to issue [an] order must stem either from an 
     Act of Congress or from the Constitution itself.'' Youngstown 
     Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 585 (1952) (opinion 
     by Black, J.). Similarly, in 2004, Justice Sandra Day 
     O'Connor explained in her plurality opinion for the Supreme 
     Court in Hamdi v. Rumsfeld: ``We have long since made clear 
     that a state of war is not a blank check for the President 
     when it comes to the rights of the Nation's citizens.'' Hamdi 
     v. Rumsfeld, 542 U.S. 507, 536 (2004) (citations omitted).
       (5) When deciding issues of national security, it is in our 
     Nation's best interest that, to the extent feasible, all 3 
     branches of the Federal Government should be involved. This 
     helps guarantee that electronic surveillance programs do not 
     infringe on the constitutional rights of Americans, while at 
     the same time ensuring that the President has all the powers 
     and means necessary to detect and track our enemies and 
     protect our Nation from attack.
       (6) As Justice Sandra Day O'Connor explained in her 
     plurality opinion for the Supreme Court in Hamdi v. Rumsfeld, 
     ``Whatever power the United States Constitution envisions for 
     the Executive in its exchanges with other nations or with 
     enemy organizations in times of conflict, it most assuredly 
     envisions a role for all 3 branches when individual liberties 
     are at stake.'' Hamdi v. Rumsfeld, 542 U.S. 507, 536 (2004) 
     (citations omitted).
       (7) Similarly, Justice Jackson famously explained in his 
     Youngstown concurrence: ``When the President acts pursuant to 
     an express or implied authorization of Congress, his 
     authority is at its maximum, for it includes all that he 
     possesses in his own right plus all that Congress can 
     delegate . . . When the President acts in absence of either

[[Page S10045]]

     a congressional grant or denial of authority, he can only 
     rely upon his own independent powers, but there is a zone of 
     twilight in which he and Congress may have concurrent 
     authority, or in which its distribution is uncertain. 
     Therefore, congressional inertia, indifference or quiescence 
     may sometimes, at least as a practical matter, enable, if not 
     invite, measures on independent presidential responsibility . 
     . . When the President takes measures incompatible with the 
     expressed or implied will of Congress, his power is at its 
     lowest ebb, for then he can rely only upon his own 
     constitutional powers minus any constitutional powers of 
     Congress over the matter. Courts can sustain exclusive 
     Presidential control in such a case only by disabling the 
     Congress from acting upon the subject.'' Youngstown Sheet & 
     Tube Co. v. Sawyer, 343 U.S. 579, 635-38 (1952) (Jackson, J., 
     concurring).
       (8) Congress clearly has the authority to enact legislation 
     with respect to electronic surveillance programs. The 
     Constitution provides Congress with broad powers of oversight 
     over national security and foreign policy, under article I, 
     section 8 of the Constitution of the United States, which 
     confers on Congress numerous powers, including the powers--
       (A) ``To declare War, grant Letters of Marque and Reprisal, 
     and make Rules concerning Captures on Land and Water'';
       (B) ``To raise and support Armies'';
       (C) ``To provide and maintain a Navy'';
       (D) ``To make Rules for the Government and Regulation of 
     the land and naval Forces'';
       (E) ``To provide for calling forth the Militia to execute 
     the Laws of the Union, suppress Insurrections and repel 
     Invasions''; and
       (F) ``To provide for organizing, arming, and disciplining 
     the Militia, and for governing such Part of them as may be 
     employed in the Service of the United States''.
       (9) While Attorney General Alberto Gonzales explained that 
     the executive branch reviews the electronic surveillance 
     program of the National Security Agency every 45 days to 
     ensure that the program is not overly broad, it is the belief 
     of Congress that approval and supervision of electronic 
     surveillance programs should be conducted outside of the 
     executive branch, by the article III court established under 
     section 103 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1803) and the congressional intelligence 
     committees. It is also the belief of Congress that it is 
     appropriate for an article III court to pass upon the 
     constitutionality of electronic surveillance programs that 
     may be directed at Americans.
       (10) The Foreign Intelligence Surveillance Court is the 
     proper court to approve and supervise classified electronic 
     surveillance programs because it is adept at maintaining the 
     secrecy with which it was charged and it possesses the 
     requisite expertise and discretion for adjudicating sensitive 
     issues of national security.
       (11) In 1975, [then] Attorney General Edward Levi, a strong 
     defender of executive authority, testified that in times of 
     conflict, the President needs the power to conduct long-range 
     electronic surveillance and that a foreign intelligence 
     surveillance court should be empowered to issue special 
     approval orders in these circumstances.
       (12) Granting the Foreign Intelligence Surveillance Court 
     the authority to review electronic surveillance programs and 
     pass upon their constitutionality is consistent with well-
     established, longstanding practices.
       (13) The Foreign Intelligence Surveillance Court already 
     has broad authority to approve surveillance of members of 
     international conspiracies, in addition to granting warrants 
     for surveillance of a particular individual under sections 
     104, 105, and 402 of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1804, 1805, and 1842).
       (14) Prosecutors have significant flexibility in 
     investigating domestic conspiracy cases. Courts have held 
     that flexible warrants comply with the 4th amendment to the 
     Constitution of the United States when they relate to 
     complex, far-reaching, and multifaceted criminal enterprises 
     like drug conspiracies and money laundering rings. The courts 
     recognize that applications for search warrants must be 
     judged in a common sense and realistic fashion, and the 
     courts permit broad warrant language where, due to the nature 
     and circumstances of the investigation and the criminal 
     organization, more precise descriptions are not feasible.
       (15) The Supreme Court, in the ``Keith Case'', United 
     States v. United States District Court for the Eastern 
     District of Michigan, 407 U.S. 297 (1972), recognized that 
     the standards and procedures used to fight ordinary crime may 
     not be applicable to cases involving national security. The 
     Court recognized that national ``security surveillance may 
     involve different policy and practical considerations from 
     the surveillance of ordinary crime'' and that courts should 
     be more flexible in issuing warrants in national security 
     cases. United States v. United States District Court for the 
     Eastern District of Michigan, 407 U.S. 297, 322 (1972).
       (16) By authorizing the Foreign Intelligence Surveillance 
     Court to review electronic surveillance programs, Congress 
     enables the President to use the necessary means to guard our 
     national security, while also protecting the civil liberties 
     and constitutional rights that we cherish.

     SEC. 3. DEFINITIONS.

       The Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801 et seq.) is amended--
       (1) by redesignating title VII as title VIII;
       (2) by redesignating section 701 as section 801; and
       (3) by inserting after title VI the following:

             ``TITLE VII--ELECTRONIC SURVEILLANCE PROGRAMS

     ``SEC. 701. DEFINITIONS.

       ``As used in this title--
       ``(1) the terms `agent of a foreign power', `Attorney 
     General', `contents', `electronic surveillance', `foreign 
     power', `international terrorism', `minimization procedures', 
     `person', `United States', and `United States person' have 
     the same meaning as in section 101;
       ``(2) the term `congressional intelligence committees' 
     means the Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives;
       ``(3) the term `electronic surveillance program' means a 
     program to engage in electronic surveillance--
       ``(A) that has as a significant purpose the gathering of 
     foreign intelligence information or protecting against 
     international terrorism;
       ``(B) where it is not feasible to name every person, 
     address, or location to be subjected to electronic 
     surveillance;
       ``(C) where effective gathering of foreign intelligence 
     information requires the flexibility to begin electronic 
     surveillance immediately after learning of suspect activity; 
     and
       ``(D) where effective gathering of foreign intelligence 
     information requires an extended period of electronic 
     surveillance;
       ``(4) the term `foreign intelligence information' has the 
     same meaning as in section 101(e) and includes information 
     necessary to protect against international terrorism;
       ``(5) the term `Foreign Intelligence Surveillance Court' 
     means the court established under section 103(a); and
       ``(6) the term `Foreign Intelligence Surveillance Court of 
     Review' means the court established under section 103(b).''.

     SEC. 4. FOREIGN INTELLIGENCE SURVEILLANCE COURT JURISDICTION 
                   TO REVIEW ELECTRONIC SURVEILLANCE PROGRAMS.

       (a) In General.--Title VII of the Foreign Intelligence 
     Surveillance Act of 1978, as amended by section 3, is amended 
     by adding at the end the following:

     ``SEC. 702. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
                   JURISDICTION TO REVIEW ELECTRONIC SURVEILLANCE 
                   PROGRAMS.

       ``(a) Authorization of Review.--
       ``(1) Initial authorization.--The Foreign Intelligence 
     Surveillance Court shall have jurisdiction to issue an order 
     under this title, lasting not longer than 90 days, that 
     authorizes an electronic surveillance program to obtain 
     foreign intelligence information or to protect against 
     international terrorism.
       ``(2) Reauthorization.--The Foreign Intelligence 
     Surveillance Court shall have jurisdiction to reauthorize an 
     electronic surveillance program for a period of time not 
     longer than such court determines to be reasonable. There 
     shall be no limit on the number of times the Attorney General 
     may seek reauthorization of an electronic surveillance 
     program.
       ``(3) Resubmission or appeal.--In the event that the 
     Foreign Intelligence Surveillance Court refuses to approve an 
     application under this subsection, the court shall state its 
     reasons in a written opinion, which it shall submit to the 
     Attorney General. The Attorney General or his designee may 
     submit a new application under section 703 for the electronic 
     surveillance program, with no limit on the number of 
     resubmissions that may be made. Alternatively, the Attorney 
     General may appeal the decision of the Foreign Intelligence 
     Surveillance Court to the Foreign Intelligence Surveillance 
     Court of Review.
       ``(4) Continued surveillance under title i.--
       ``(A) In general.--If, at any time, the Attorney General 
     determines that the known facts and circumstances relating to 
     any target within the United States under this title satisfy 
     the criteria for an application under section 104 for an 
     order for electronic surveillance of the target under section 
     105, the Attorney General shall--
       ``(i) discontinue the surveillance of the target under this 
     title; or
       ``(ii) continue the surveillance of the target under this 
     title, subject to the requirements of subparagraph (B).
       ``(B) Continuation of surveillance.--
       ``(i) In general.--The Attorney General may continue 
     surveillance of a target under this title as specified in 
     subparagraph (A)(ii) only if the Attorney General makes an 
     application under section 104 for an order for electronic 
     surveillance of the target under section 105 as soon as the 
     Attorney General determines practicable after the date on 
     which the Attorney General makes the determination to 
     continue surveillance of the target under subparagraph 
     (A)(ii).
       ``(ii) Period.--The period during which the Attorney 
     General may continue surveillance of a target under this 
     title after the Attorney General has determined that making 
     an application is practicable shall be limited to a 
     reasonable period, as determined by the Attorney General, 
     during which the application is prepared and the period 
     during which the application of the Attorney General under 
     section 104 for an order for electronic surveillance of the 
     target under section 105 is pending under title I, including 
     during any period in which appeal from the denial of the

[[Page S10046]]

     application is pending with the Foreign Intelligence 
     Surveillance Court of Review or the Supreme Court under 
     section 103(b).
       ``(b) Mandatory Transfer for Review.--
       ``(1) In general.--In any case before any court challenging 
     the legality of classified communications intelligence 
     activity relating to a foreign threat, including an 
     electronic surveillance program, or in which the legality of 
     any such activity or program is in issue, if the Attorney 
     General files an affidavit under oath that the case should be 
     transferred to the Foreign Intelligence Surveillance Court of 
     Review because further proceedings in the originating court 
     would harm the national security of the United States, the 
     originating court shall transfer the case of the Foreign 
     Intelligence Surveillance for further proceedings under this 
     subsection.
       ``(2) Procedures for review.--The Foreign Intelligence 
     Surveillance Court shall have jurisdiction as appropriate to 
     determine standing and the legality of the program to the 
     extent necessary for resolution of the underlying case. All 
     proceedings under this paragraph shall be conducted in 
     accordance with the procedures set forth in section 106(f). 
     In the event the Foreign Intelligence Surveillance Court 
     determines that, in the context of a criminal proceeding, the 
     Constitution of the United States would require the 
     disclosure of national security information, any such 
     constitutionally required disclosure shall be governed by the 
     Classified Information Procedures Act, (18 U.S.C. App.), or 
     if applicable, section 2339B(f) of title 18, United States 
     Code.
       ``(3) Appeal, certiorari, and effects of decisions.--The 
     decision of the Foreign Intelligence Surveillance Court made 
     under paragraphs (1) and (2), including a decision that the 
     disclosure of national security information is 
     constitutionally required, shall be subject to review by the 
     Foreign Intelligence Surveillance Court of Review under 
     section 103(b). The Supreme Court of the United States shall 
     have jurisdiction to review decisions of the Foreign 
     Intelligence Surveillance Court of Review by writ of 
     certiorari granted upon the petition of the United States. 
     The decision by the Foreign Intelligence Surveillance Court 
     shall otherwise be binding in all other courts.
       ``(4) Dismissal.--The Foreign Intelligence Surveillance 
     Court or a court that is an originating court under paragraph 
     (1) may dismiss a challenge to the legality of an electronic 
     surveillance program for any reason provided for under law.
       ``(5) Preservation of litigation privileges.--Nothing in 
     this Act shall be construed to abrogate, limit, or affect any 
     litigation privileges in any court.''.

     SEC. 5. APPLICATIONS FOR APPROVAL OF ELECTRONIC SURVEILLANCE 
                   PROGRAMS.

       Title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by section 4, is amended by adding at the 
     end the following:

     ``SEC. 703. APPLICATIONS FOR APPROVAL OF ELECTRONIC 
                   SURVEILLANCE PROGRAMS.

       ``(a) In General.--Each application for approval of an 
     electronic surveillance program under this title (including 
     resubmission or application for reauthorization) shall--
       ``(1) be made by the Attorney General or his designee;
       ``(2) include a statement of the authority conferred on the 
     Attorney General by the President of the United States;
       ``(3) include a statement setting forth the legal basis for 
     the conclusion by the Attorney General that the electronic 
     surveillance program is consistent with the Constitution of 
     the United States;
       ``(4) certify that a significant purpose of the electronic 
     surveillance program is to obtain foreign intelligence 
     information or to protect against international terrorism;
       ``(5) certify that the information sought cannot reasonably 
     be obtained by normal investigative techniques
       ``(6) certify that the information sought cannot reasonably 
     be obtained through an application under section 104;
       ``(7) include a statement of the means and operational 
     procedures by which the electronic surveillance will be 
     executed and effected;
       ``(8) include an explanation of how the electronic 
     surveillance program is reasonably designed to ensure that 
     the communications that are acquired are communications of or 
     with--
       ``(A) a foreign power that engages in international 
     terrorism or activities in preparation therefor;
       ``(B) an agent of a foreign power that engages in 
     international terrorism or activities in preparation 
     therefor;
       ``(C) a person reasonably believed to have communication 
     with or be associated with a foreign power that engages in 
     international terrorism or activities in preparation therefor 
     or an agent of a foreign power that engages in international 
     terrorism or activities in preparation therefor; or
       ``(D) a foreign power that poses an imminent threat of 
     attack likely to cause death, serious injury, or substantial 
     economic damage to the United States, or an agent of a 
     foreign power thereof;
       ``(9) include a statement of the proposed minimization 
     procedures;
       ``(10) if the electronic surveillance program that is the 
     subject of the application was initiated prior to the date 
     the application was submitted, specify the date that the 
     program was initiated;
       ``(11) include a description of all previous applications 
     that have been made under this title involving the electronic 
     surveillance program in the application (including the 
     minimization procedures and the means and operational 
     procedures proposed) and the decision on each previous 
     application; and
       ``(12) include a statement of facts concerning the 
     implementation of the electronic surveillance program 
     described in the application, including, for any period of 
     operation of the program authorized not less than 90 days 
     prior to the date of submission of the application--
       ``(A) the minimization procedures implemented; and
       ``(B) the means and operational procedures by which the 
     electronic surveillance was executed and effected.
       ``(b) Additional Information.--The Foreign Intelligence 
     Surveillance Court may require the Attorney General to 
     furnish such other information as may be necessary to make a 
     determination under section 704.''.

     SEC. 6. APPROVAL OF ELECTRONIC SURVEILLANCE PROGRAMS.

       Title VII of the Foreign Intelligence Surveillance Act 18 
     of 1978, as amended by section 5, is amended by adding at the 
     end the following:

     ``SEC. 704. APPROVAL OF ELECTRONIC SURVEILLANCE PROGRAMS.

       ``(a) Necessary Findings.--Upon receipt of an application 
     under section 703, the Foreign Intelligence Surveillance 
     Court shall enter an ex parte order as requested, or as 
     modified, approving the electronic surveillance program if it 
     finds that--
       ``(1) the President has authorized the Attorney General to 
     make the application for electronic surveillance for foreign 
     intelligence information or to protect against international 
     terrorism;
       ``(2) approval of the electronic surveillance program in 
     the application is consistent with the Constitution of the 
     United States;
       ``(3) the electronic surveillance program is reasonably 
     designed to ensure that the communications that are acquired 
     are communications of or with--
       ``(A) a foreign power that engages in international 
     terrorism or activities in preparation therefor;
       ``(B) an agent of a foreign power that is engaged in 
     international terrorism or activities in preparation 
     therefor;
       ``(C) a person reasonably believed to have communication 
     with or be associated with a foreign power that is engaged in 
     international terrorism or activities in preparation therefor 
     or an agent of a foreign power that is engaged in 
     international terrorism or activities in preparation 
     therefor; or
       ``(D) a foreign power that poses an imminent threat of 
     attack likely to cause death, serious injury, or substantial 
     economic damage to the United States, or an agent of a 
     foreign power thereof;
       ``(4) the proposed minimization procedures meet the 
     definition of minimization procedures under section 101(h); 
     and
       ``(5) the application contains all statements and 
     certifications required by section 703.
       ``(b) Considerations.--In considering the constitutionality 
     of the electronic surveillance program under subsection (a), 
     the Foreign Intelligence Surveillance Court may consider--
       ``(1) whether the electronic surveillance program has been 
     implemented in accordance with the proposal by the Attorney 
     General, by comparing--
       ``(A) the minimization procedures proposed with the 
     minimization procedures actually implemented;
       ``(B) the nature of the information sought with the nature 
     of the information actually obtained; and
       ``(C) the means and operational procedures proposed with 
     the means and operational procedures actually implemented; 
     and
       ``(2) whether foreign intelligence information has been 
     obtained through the electronic surveillance program.
       ``(c) Contents of Order.--An order approving an electronic 
     surveillance program under this section shall direct--
       ``(1) that the minimization procedures be followed;
       ``(2) that, upon the request of the applicant, specified 
     communication or other common carriers, landlords, 
     custodians, or other specified persons, furnish the applicant 
     forthwith with all information, facilities, or technical 
     assistance necessary to undertake the electronic surveillance 
     program in such a manner as will protect its secrecy and 
     produce a minimum of interference with the services that such 
     carriers, landlords, custodians, or other persons are 
     providing potential targets of the electronic surveillance 
     program;
       ``(3) that any records concerning the electronic 
     surveillance program or the aid furnished or retained by such 
     carriers, landlords, custodians, or other persons are 
     maintained under security procedures approved by the Attorney 
     General and the Director of National Intelligence; and
       ``(4) that the applicant compensate, at the prevailing 
     rate, such carriers, landlords, custodians, or other persons 
     for furnishing such aid.''.

     SEC. 7. CONGRESSIONAL OVERSIGHT.

       Title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by section 6, is amended by adding at the 
     end the following:

[[Page S10047]]

     ``SEC. 705. CONGRESSIONAL OVERSIGHT.

       ``(a) In General.--Not less often than every 180 days, the 
     Attorney General shall submit to the congressional 
     intelligence committees a report in classified form on the 
     activities during the previous 180-day period under any 
     electronic surveillance program authorized under this title.
       ``(b) Contents.--Each report submitted under subsection (a) 
     shall provide, with respect to the previous 180-day period, a 
     description of--
       ``(1) the minimization procedures implemented;
       ``(2) the means and operational procedures by which the 
     electronic surveillance program was executed and effected;
       ``(3) significant decisions of the Foreign Intelligence 
     Surveillance Court on applications made under section 703;
       ``(4) the total number of applications made for orders 
     approving electronic surveillance programs pursuant to this 
     title; and
       ``(5) the total number of orders applied for that have been 
     granted, modified, or denied.
       ``(c) Rule of Construction.--Nothing in this title shall be 
     construed to limit the authority or responsibility of any 
     committee of either House of Congress to obtain such 
     information as such committee may need to carry out its 
     respective functions and duties.''.

     SEC. 8. CLARIFICATION OF THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       (a) Repeal.--Sections 111, 309, and 404 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1811, 1829, 
     and 1844) are repealed.
       (b) Clarifying Amendments.--
       (1) Title 18.--Section 2511(2) of title 18, United States 
     Code, is amended--
       (A) in paragraph (e), by striking ``, as defined in section 
     101'' and all that follows through the end of the paragraph 
     and inserting the following: ``under the Constitution or the 
     Foreign Intelligence Surveillance Act of 1978.''; and
       (B) in paragraph (f), by striking ``from international or 
     foreign communications,'' and all that follows through the 
     end of the paragraph and inserting ``that is authorized under 
     a Federal statute or the Constitution of the United 
     States.''.
       (2) FISA.--Section 109 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1809) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking ``authorized by statute'' and inserting 
     ``authorized by law''; and
       (II) by striking ``or'' at the end;

       (ii) in paragraph (2)--

       (I) by striking ``authorized by statute'' and inserting 
     ``authorized by law''; and
       (II) by striking the period and inserting ``; or''; and

       (iii) by adding at the end the following:
       ``(3) and knowingly discloses or uses information obtained 
     under color of law by electronic surveillance in a manner or 
     for a purpose not authorized by law.''; and
       (B) in subsection (c)--
       (i) by striking ``$10,000'' and inserting ``$100,000''; and
       (ii) by striking ``five years'' and inserting ``15 years''.

     SEC. 9. MODERNIZING AMENDMENTS TO FISA.

       (a) Reference.--In this section, a reference to ``FISA'' 
     shall mean the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.).
       (b) Definitions.--Section 101 of FISA (50 U.S.C. 1801) is 
     amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (C), by striking ``or'' after the 
     semicolon; and
       (B) by adding at the end the following:
       ``(D) otherwise is reasonably expected to possess, control, 
     transmit, or receive foreign intelligence information while 
     that person is in the United States, provided that the 
     official making the certification required by section 
     104(a)(6) deems such foreign intelligence information to be 
     significant; or'';
       (2) by striking subsection (f) and inserting the following:
       ``(f) `Electronic surveillance' means--
       ``(1) the installation or use of an electronic, mechanical, 
     or other surveillance device for acquiring information by 
     intentionally directing the surveillance at a particular 
     known person who is reasonably believed to be in the United 
     States under circumstances in which that person has a 
     reasonable expectation of privacy and a warrant would be 
     required for law enforcement purposes; or
       ``(2) the intentional acquisition of the contents of any 
     communication under circumstances in which a person has a 
     reasonable expectation of privacy and a warrant would be 
     required for law enforcement purposes, and if both the sender 
     and all intended recipients are reasonably believed to be 
     located within the United States.'';
       (3) in subsection (h), by striking paragraph (4) and 
     inserting the following:
       ``(4) notwithstanding paragraphs (1), (2), and (3), with 
     respect to any electronic surveillance approved pursuant to 
     section 102 or 704, procedures that require that no contents 
     of any communication originated or sent by a United States 
     person shall be disclosed, disseminated, used 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.''.
       (4) by striking subsection (l); and
       (5) by striking subsection (n) and inserting the following:
       ``(n) `contents', when used with respect to a 
     communication, includes any information concerning the 
     substance, symbols, sounds, words, purport, or meaning of a 
     communication, and does not include dialing, routing, 
     addressing, or signaling information.''.
       (c) Electronic Surveillance Authorization.--Section 102 of 
     FISA (50 U.S.C. 1802) is amended to read as follows:


     ``ELECTRONIC SURVEILLANCE AUTHORIZATION WITHOUT COURT ORDER; 
CERTIFICATION BY ATTORNEY GENERAL; REPORTS TO CONGRESSIONAL COMMITTEES; 
TRANSMITTAL UNDER SEAL; DUTIES AND COMPENSATION OF COMMUNICATION COMMON 
              CARRIER; APPLICATIONS; JURISDICTION OF COURT

       ``Sec. 102.  (a)(1) Notwithstanding any other law, the 
     President through the Attorney General, may authorize 
     electronic surveillance without a court order under this 
     title to acquire foreign intelligence information for periods 
     of up to 1 year if the Attorney General certifies in writing 
     under oath that the electronic surveillance is directed at--
       ``(A)(i) the acquisition of the contents of communications 
     of foreign powers, as defined in paragraph (1), (2), or (3) 
     of section 101(a), or a person other than a United States 
     person acting as an agent of a foreign power, as defined in 
     section 101(b)(1)(A) or (B); or
       ``(ii) the acquisition of technical intelligence, other 
     than the spoken communications of individuals, from property 
     or premises under the open and exclusive control of a foreign 
     power, as defined in paragraph (1), (2), or (3) of section 
     101(a); and
       ``(B) the proposed minimization procedures with respect to 
     such surveillance meet the definition of minimization 
     procedures under section 101(h);
     if the Attorney General reports such minimization procedures 
     and any changes thereto to the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives at least 30 
     days prior to their effective date, unless the Attorney 
     General determines immediate action is required and notifies 
     the committees immediately of such minimization procedures 
     and the reason for their becoming effective immediately.
       ``(2) An electronic surveillance authorized by this 
     subsection may be conducted only in accordance with the 
     Attorney General's certification and the minimization 
     procedures. The Attorney General shall assess compliance with 
     such procedures and shall report such assessments to the 
     Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives under section 108(a). If an electronic 
     surveillance authorized by this subsection is directed at an 
     agent of a foreign power, the Attorney General's report 
     assessing compliance with the minimization procedures shall 
     also include a statement of the facts and circumstances 
     relied upon to justify the belief that the target of the 
     electronic surveillance is an agent of a foreign power.
       ``(3) The Attorney General shall immediately transmit under 
     seal to the court established under section 103(a) a copy of 
     any certification under this subsection. Such certification 
     shall be maintained under security measures established by 
     the Chief Justice with the concurrence of the Attorney 
     General, in consultation with the Director of National 
     Intelligence, and shall remain sealed unless--
       ``(A) an application for a court order with respect to the 
     surveillance is made under section 104; or
       ``(B) the certification is necessary to determine the 
     legality of the surveillance under section 106(f).
       ``(b)(1) Notwithstanding any other provision of law, the 
     President, through the Attorney General, may authorize the 
     acquisition of foreign intelligence information for periods 
     of up to 1 year concerning a person reasonably believed to be 
     outside the United States if the Attorney General certifies 
     in writing under oath that he has determined that--
       ``(A) the acquisition does not constitute electronic 
     surveillance as defined in section 101(f);
       ``(B) the acquisition involves obtaining the foreign 
     intelligence information from or with the assistance of a 
     wire or electronic communications service provider, 
     custodian, or other person (including any officer, employee, 
     agent, or other specified person thereof) who has access to 
     wire or electronic communications, 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;
       ``(C) a significant purpose of the acquisition is to obtain 
     foreign intelligence information; and
       ``(D) the minimization procedures to be employed with 
     respect to such acquisition activity meet the definition of 
     minimization procedures under section 101(h).
       ``(2) Such certification need not identify the specific 
     facilities, places, premises, or property at which the 
     acquisition will be directed.
       ``(3) An acquisition undertaken pursuant to this subsection 
     may be conducted only in accordance with the Attorney 
     General's certification and the minimization procedures 
     adopted by the Attorney General. The Attorney General shall 
     assess compliance with such procedures and shall report such 
     assessments to the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives under section 108(a).

[[Page S10048]]

       ``(4) The Attorney General shall immediately transmit under 
     seal to the court established under section 103(a) a copy of 
     any certification of the Attorney General under this 
     subsection. Such certification shall be maintained under 
     security measures established by the Chief Justice with the 
     concurrence of the Attorney General, in consultation with the 
     Director of National Intelligence, and shall remain sealed 
     unless the certification is necessary to determine the 
     legality of the acquisition under subsection (o).
       ``(c) With respect to the acquisition authorized under this 
     section, the Attorney General may direct a specified person 
     to--
       ``(1) furnish the government forthwith all information, 
     facilities, and assistance necessary to accomplish the 
     acquisition in such a manner as will protect its secrecy and 
     produce a minimum of interference with the services that such 
     person is providing to the target; 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 
     that such person wishes to maintain.
       ``(d) The government shall compensate, at the prevailing 
     rate, such specified person for furnishing the aid set forth 
     in subsection (c).
       ``(e) In the case of a failure to comply with a directive 
     issued pursuant to this section, the Attorney General may 
     invoke the aid of the court established under section 103(a) 
     to compel compliance with the directive. The court shall 
     issue an order requiring the person or entity to comply with 
     the directive forthwith if it finds that the directive was 
     issued in accordance with subsection (a) or (b) and is 
     otherwise lawful. Any failure to obey the order of the court 
     may be punished by the court as contempt thereof. Any process 
     under this section may be served in any judicial district in 
     which the person or entity may be found.
       ``(f)(1)(A) A person receiving an Attorney General 
     directive issued pursuant to this section may challenge the 
     legality of that directive by filing a petition with the pool 
     established by section 103(e)(1).
       ``(B) The presiding judge shall immediately assign a 
     petition to one of the judges serving in the pool established 
     by section 103(e)(1). Not later than 24 hours after the 
     assignment of such petition, the assigned judge shall conduct 
     an initial review of the directive. If the assigned judge 
     determines that the petition is frivolous, the assigned judge 
     shall immediately deny the petition and affirm the directive 
     or any part thereof that is the subject of the petition. If 
     the assigned judge determines the petition is not frivolous, 
     the assigned judge shall within 72 hours consider the 
     petition in accordance with the procedures established under 
     section 103(e)(2) and provide a written statement for the 
     record of the reasons for any determination under this 
     subsection.
       ``(2) A judge considering a petition to modify or set aside 
     a directive may grant such petition only if the judge finds 
     that such directive does not meet the requirements of this 
     section or is otherwise unlawful. If the judge does not 
     modify or set aside the directive, the judge shall 
     immediately affirm such directive, and order the recipient to 
     comply therewith.
       ``(3) Any directive not explicitly modified or set aside 
     consistent with this subsection shall remain in full effect.
       ``(g) A petition for review of a decision under subsection 
     (f) to affirm, modify, or set aside a directive by the 
     Government or any person receiving such directive shall be 
     made within 7 days of issuance of the decision required by 
     subsection (f) to the court of review established under 
     section 103(b), which shall have jurisdiction to consider 
     such petitions. The court of review shall provide for the 
     record a written statement of the reasons for its decision 
     and, on petition by the Government or any person receiving 
     such directive for a writ of certiorari, the record shall be 
     transmitted under seal to the Supreme Court of the United 
     States, which shall have jurisdiction to review such 
     decision.
       ``(h) Judicial proceedings under this section shall be 
     concluded as expeditiously as possible. The record of 
     proceedings, including petitions filed, orders granted, and 
     statements of reasons for decision, shall be maintained under 
     security measures established by the Chief Justice of the 
     United States, in consultation with the Attorney General and 
     the Director of National Intelligence.
       ``(i) All petitions under this section shall be filed under 
     seal. In any proceedings under this section, the court shall, 
     upon request of the Government, review ex parte and in camera 
     any Government submission, or portions thereof, which may 
     include classified information.
       ``(j) No cause of action shall lie in any court against any 
     provider of a communication service or other person 
     (including any officer, employee, agent, or other specified 
     person thereof) for furnishing any information, facilities, 
     or assistance in accordance with a directive under subsection 
     (a) or (b).
       ``(k) Information acquired pursuant to an Attorney General 
     authorization under this section concerning any United States 
     person may be used and disclosed by Federal officers and 
     employees without the consent of the United States person 
     only in accordance with the minimization procedures required 
     by subsection (a) or (b), as applicable. No otherwise 
     privileged communication obtained in accordance with, or in 
     violation of, the provisions of this section shall lose its 
     privileged character. No information from an acquisition 
     under this section may be used or disclosed by Federal 
     officers or employees except for lawful purposes.
       ``(l) No information acquired pursuant to this section 
     shall be disclosed for law enforcement purposes unless such 
     disclosure is accompanied by a statement that such 
     information, or any information derived therefrom, may only 
     be used in a criminal proceeding with the advance 
     authorization of the Attorney General.
       ``(m) Whenever the Government intends to enter into 
     evidence or otherwise use or disclose in any trial, hearing, 
     or other proceeding in or before any court, department, 
     officer, agency, regulatory body, or other authority of the 
     United States, against an aggrieved person, any information 
     obtained or derived from an acquisition under this section, 
     the Government shall, prior to the trial, hearing, or other 
     proceeding or at a reasonable time prior to an effort to so 
     disclose or so use that information or submit it in evidence, 
     notify the aggrieved person and the court or other authority 
     in which the information is to be disclosed or used that the 
     Government intends to so disclose or so use such information.
       ``(n) Whenever any State or political subdivision thereof 
     intends to enter into evidence or otherwise use or disclose 
     in any trial, hearing, or other proceeding in or before any 
     court, department, officer, agency, regulatory body, or other 
     authority of a State or a political subdivision thereof, 
     against an aggrieved person any information obtained or 
     derived from an acquisition under this section, the State or 
     political subdivision thereof shall notify the aggrieved 
     person, the court or other authority in which the information 
     is to be disclosed or used, and the Attorney General that the 
     State or political subdivision thereof intends to so disclose 
     or so use such information.
       ``(o) Any person against whom evidence obtained or derived 
     from an acquisition authorized pursuant to this section to 
     which he is an aggrieved person is to be, or has been, 
     introduced or otherwise used or disclosed in any trial, 
     hearing, or other proceeding in or before any court, 
     department, officer, agency, regulatory body, or other 
     authority of the United States, a State, or a political 
     subdivision thereof, may move to suppress the evidence 
     obtained or derived from such acquisition on the grounds 
     that--
       ``(1) the information was unlawfully acquired; or
       ``(2) the acquisition was not made in conformity with an 
     order of authorization or approval.
     Such a motion shall be made before the trial, hearing, or 
     other proceeding unless there was no opportunity to make such 
     a motion or the person was not aware of the grounds of the 
     motion.
       ``(p) Whenever a court or other authority is notified 
     pursuant to subsection (m) or (n), whenever a motion is made 
     pursuant to subsection (o), or whenever any motion or request 
     is made by an aggrieved person pursuant to any other statute 
     or rule of the United States or any State before any court or 
     other authority of the United States or any State to discover 
     or obtain an Attorney General directive or other materials 
     relating to the acquisition authorized under this section or 
     to discover, obtain, or suppress evidence or information 
     obtained or derived from the acquisition authorized under 
     this section, the United States district court or, where the 
     motion is made before another authority, the United States 
     district court in the same district as the authority, shall, 
     notwithstanding any other law, if the Attorney General files 
     an affidavit under oath that disclosure or an adversary 
     hearing would harm the national security of the United 
     States, review in camera and ex parte the directive, and such 
     other materials relating to the acquisition as may be 
     necessary to determine whether the acquisition authorized 
     under this section was lawfully authorized and conducted. In 
     making this determination, the court may disclose to the 
     aggrieved person, under appropriate security procedures and 
     protective orders, portions of the directive or other 
     materials relating to the acquisition only where such 
     disclosure is necessary to make an accurate determination of 
     the legality of the acquisition.
       ``(q) If the United States district court pursuant to 
     subsection (o) determines that the acquisition authorized 
     under this section was not lawfully authorized or conducted, 
     it shall, in accordance with the requirements of law, 
     suppress the evidence which was unlawfully obtained or 
     derived or otherwise grant the motion of the aggrieved 
     person. If the court determines that such acquisition was 
     lawfully authorized and conducted, it shall deny the motion 
     of the aggrieved person except to the extent that due process 
     requires discovery or disclosure.
       ``(r) Orders granting motions or requests under subsection 
     (o), decisions under this section that an acquisition was not 
     lawfully authorized or conducted, and orders of the United 
     States district court requiring review or granting disclosure 
     of directives or other materials relating to such acquisition 
     shall be final orders and binding upon all courts of the 
     United States and the several States except a United States 
     court of appeals and the Supreme Court.
       ``(s) Federal officers who acquire foreign intelligence 
     information under this section may consult with Federal law 
     enforcement officers or law enforcement personnel of a State 
     or political subdivision of a State (including the chief 
     executive officer of that State or political subdivision who 
     has the

[[Page S10049]]

     authority to appoint or direct the chief law enforcement 
     officer of that State or political subdivision) to coordinate 
     efforts to investigate or protect against--
       ``(1) actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power;
       ``(2) sabotage, international terrorism, or the development 
     or proliferation of weapons of mass destruction by a foreign 
     power or an agent of a foreign power; or
       ``(3) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power.
       ``(t) Coordination authorized by subsection (s) shall not 
     preclude the certification required by subsection (a) or (b), 
     as applicable.
       ``(u) Retention of Directives and Orders.--Directives made 
     and orders granted under this section shall be retained for a 
     period of at least 10 years from the date when they were 
     made.''.
       (d) Designation of Judges.--Section 103 of FISA (50 U.S.C. 
     1803) is amended--
       (1) in subsection (a), by inserting, ``at least'' before 
     ``seven of the United States judicial circuits''; and
       (2) at the end by adding the following new subsection:
       ``(g) Applications for a court order under this title are 
     authorized if the President has, by written authorization, 
     empowered the Attorney General to approve applications to the 
     court having jurisdiction under this section, and a judge to 
     whom an application is made may, notwithstanding any other 
     law, grant an order, in conformity with section 105, 
     approving electronic surveillance of a foreign power or an 
     agent of a foreign power for the purpose of obtaining foreign 
     intelligence information.''.
       (e) Applications for Court Orders.--Section 104 of FISA (50 
     U.S.C. 1804) is amended--
       (1) in subsection (a), by striking paragraphs (6) through 
     (11) and inserting the following:
       ``(6) a certification or certifications by the Assistant to 
     the President for National Security Affairs or an executive 
     branch official authorized by the President to conduct 
     electronic surveillance for foreign intelligence purposes--
       ``(A) that the certifying official deems the information 
     sought to be foreign intelligence information;
       ``(B) that a significant purpose of the surveillance is to 
     obtain foreign intelligence information;
       ``(C) that such information cannot reasonably be obtained 
     by normal investigative techniques; and
       ``(D) including a statement of the basis for the 
     certification that--
       ``(i) the information sought is the type of foreign 
     intelligence information designated; and
       ``(ii) such information cannot reasonably be obtained by 
     normal investigative techniques;
       ``(7) a statement of the period of time for which the 
     electronic surveillance is required to be maintained, and if 
     the nature of the intelligence gathering is such that the 
     approval of the use of electronic surveillance under this 
     title should not automatically terminate when the described 
     type of information has first been obtained, a description of 
     facts supporting the belief that additional information of 
     the same type will be obtained thereafter;
       ``(8) a summary description of the nature of the 
     information sought and the type of communications or 
     activities to be subject to the surveillance;
       ``(9) a summary statement of the facts concerning all 
     previous applications that have been made to any judge under 
     this title involving any of the persons, facilities, or 
     places specified in the application, and the action taken on 
     each previous application; and
       ``(10) a summary statement of the means by which the 
     surveillance will be effected and a statement whether 
     physical entry is required to effect the surveillance.'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c) through (e) as 
     subsections (b) through (d), respectively; and
       (4) in subsection (d)(1)(A), as redesignated by paragraph 
     (3), by inserting after ``Secretary of State'' inserting 
     ``Director of the Central Intelligence Agency''.
       (f) Issuance of Order.--Section 105 of FISA (50 U.S.C. 
     1805) is amended--
       (1) in subsection (a), by--
       (A) striking paragraph (1); and
       (B) redesignating paragraphs (2) through (5) as paragraphs 
     (1) through (4), respectively;
       (2) by striking paragraph (1) of subsection (c) and 
     inserting the following:
       ``(1) An order approving an electronic surveillance under 
     this section shall specify--
       ``(A) the identity, if known, or a description of the 
     target of the electronic surveillance identified or described 
     in the application pursuant to section 104(a)(3);
       ``(B) the nature and location of each of the facilities or 
     places at which the electronic surveillance will be directed, 
     if known;
       ``(C) the period of time during which the electronic 
     surveillance is approved;
       ``(D) the type of information sought to be acquired and the 
     type of communications or activities to be subjected to the 
     surveillance; and
       ``(E) the means by which the electronic surveillance will 
     be effected and whether physical entry will be used to effect 
     the surveillance.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Each order under this section shall specify the type 
     of electronic surveillance involved, including whether 
     physical entry is required.'';
       (4) by striking paragraph (2) of subsection (e) and 
     inserting the following:
       ``(2) Extensions of an order issued under this title may be 
     granted on the same basis as an original order upon an 
     application for an extension and new findings made in the 
     same manner as required for an original order and may be for 
     a period not longer than the court determines to be 
     reasonable or 1 year, whichever is less.'';
       (5) by striking subsection (f) and inserting the following:
       ``(f)(1) Notwithstanding any other provision of this title, 
     when an executive branch officer appointed by the President 
     with the advice and consent of the Senate who is authorized 
     by the President to conduct electronic surveillance 
     reasonably determines that--
       ``(A) 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
       ``(B) the factual basis for issuance of an order under this 
     title to approve such surveillance exists;
     that official may authorize the emergency employment of 
     electronic surveillance in accordance with paragraph (2).
       ``(2) Under paragraph (1), the following requirements shall 
     be satisfied:
       ``(A) The Attorney General shall be informed of the 
     emergency electronic surveillance.
       ``(B) A judge having jurisdiction under section 103 shall 
     be informed by the Attorney General or his designee as soon 
     as practicable following such authorization that the decision 
     has been made to employ emergency electronic surveillance.
       ``(C) An application in accordance with this title shall be 
     made to that judge or another judge having jurisdiction under 
     section 103 as soon as practicable, but not more than 7 days 
     after such surveillance is authorized. In the absence of a 
     judicial order approving such electronic surveillance, the 
     surveillance shall terminate when the information sought is 
     obtained, when the application for the order is denied, or 
     after the expiration of 7 days from the time of emergency 
     authorization, whichever is earliest. In the event that such 
     application for approval is denied, or in any other case 
     where the electronic surveillance is terminated and no order 
     is issued approving the surveillance, no information obtained 
     or evidence derived from such surveillance shall be received 
     in evidence or otherwise disclosed in any trial, hearing, or 
     other proceeding in or before any court, grand jury, 
     department, office, agency, regulatory body, legislative 
     committee, or other authority of the United States, a State, 
     or political subdivision thereof, and no information 
     concerning any United States person acquired from such 
     surveillance shall subsequently be used or disclosed in any 
     other manner by Federal officers or employees without the 
     consent of such person, except with the approval of the 
     Attorney General if the information indicates a threat of 
     death or serious bodily harm to any person. A denial of the 
     application made under this subsection may be reviewed as 
     provided in section 103.
       ``(D) The official authorizing the emergency employment of 
     electronic surveillance shall require that the minimization 
     procedures required by this title for the issuance of a 
     judicial order be followed.''; and
       (6) in subsection (i)--
       (A) by striking ``a wire or'' and inserting ``any'';
       (B) by striking ``chapter'' and inserting ``title''; and
       (C) by adding at the end ``, or in response to 
     certification by the Attorney General or his designee seeking 
     information, facilities, or technical assistance from such 
     person under section 102 of this title''.
       (g) Use of Information.--Section 106 of FISA (50 U.S.C. 
     1806) is amended--
       (1) in subsection (i)--
       (A) by striking ``radio''; and
       (B) by inserting ``contain foreign intelligence information 
     or'' after ``the Attorney General determines that the 
     contents'' inserting ``contain foreign intelligence 
     information or''; and
       (2) in subsection (k), by striking ``1804(a)(7)'' and 
     inserting ``104(a)(6)''.
       (h) Congressional Oversight.--Section 108 of FISA (50 
     U.S.C. 1808) is amended by adding at the end the following:
       ``(c) Document Management System for Applications for 
     Orders Approving Electronic Surveillance.--
       ``(1) System proposed.--The Attorney General and Director 
     of National Intelligence shall, in consultation with the 
     Director of the Federal Bureau of Investigation, the Director 
     of the National Security Agency, the Director of the Central 
     Intelligence Agency, and the court established under section 
     103(b), conduct a feasibility study to 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 before their 
     submittal to that court.

[[Page S10050]]

       ``(2) Scope of system.--The document management system 
     proposed in paragraph (1) shall--
       ``(A) permit and facilitate the prompt submittal of 
     applications and all other matters, including electronic 
     filings, to the court established under section 103(b) under 
     section 104 or 105(g)(5); and
       ``(B) permit and facilitate the prompt transmittal of 
     rulings of that court to personnel submitting applications 
     described in paragraph (1).''.
       (i) Amendments to Fisa Title I Relating to Weapons of Mass 
     Destruction.--
       (1) Section 101 of FISA, as amended by subsection (b) of 
     this section, is further amended--
       (A) in subsection (b)(1)--
       (i) by striking ``or'' at the end of subparagraph (D);
       (ii) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (iii) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E) engages in the development or proliferation of 
     weapons of mass destruction, or activities in preparation 
     therefor; or;'';
       (B) in subsection (b)(2)(C), by striking ``sabotage or 
     international terrorism'' and inserting ``sabotage, 
     international terrorism, or the development or proliferation 
     of weapons of mass destruction''; and
       (C) by inserting after subsection (k) the following new 
     subsection (l):
       ``(l) `Weapon of mass destruction' means--
       ``(1) any destructive device (as that term is defined in 
     section 921 of title 18, United States Code) that is intended 
     or has the capability, to cause death or serious bodily 
     injury to a significant number of people;
       ``(2) any weapon that is designed or intended to cause 
     death or serious bodily injury through the release, 
     dissemination, or impact of toxic or poisonous chemicals, or 
     their precursors;
       ``(3) any weapon involving a biological agent, toxin, or 
     vector (as those terms are defined in section 178 of title 
     18, United States Code); or
       ``(4) any weapon that is designed to release radiation or 
     radioactivity at a level dangerous to human life.''.
       (2) Sections 101(e)(1)(B), 106(k)(1)(B), and 305(k)(1)(B) 
     of FISA are each amended by striking ``sabotage or 
     international terrorism'' and inserting ``sabotage, 
     international terrorism, or the development or proliferation 
     of weapons of mass destruction''.
       (j) Conforming Amendments to Titles I and III of Fisa to 
     Accommodate International Movements of Targets.--
       (1) Section 105(e) of FISA is amended by adding at the end 
     the following new paragraph:
       ``(4) An order issued under this section shall remain in 
     force during the authorized period of surveillance 
     notwithstanding the absence of the target from the United 
     States, unless the Government files a motion to extinguish 
     the order and the court grants the motion.''.
       (2) Section 304(d) of FISA is amended by adding at the end 
     the following new paragraph:
       ``(4) An order issued under this section shall remain in 
     force during the authorized period of physical search 
     notwithstanding the absence of the target from the United 
     States, unless the Government files a motion to extinguish 
     the order and the court grants the motion.''.

     SEC. 10. CONFORMING AMENDMENT TO TABLE OF CONTENTS.

       The table of contents for the Foreign Intelligence 
     Surveillance Act of 1978 is amended--
       (1) by striking the item relating to section 102 and 
     inserting the following new item:

``Sec. 102. Electronic surveillance authorization without court order; 
              certification by attorney general; reports to 
              congressional committees; transmittal under seal; duties 
              and compensation of communication common carrier; 
              applications; jurisdiction of court.'';
       (2) by striking the items relating to sections 111, 309, 
     and 404; and
       (3) by striking the items related to title VII and section 
     701 and inserting the following:

             ``TITLE VII--ELECTRONIC SURVEILLANCE PROGRAMS

``Sec. 701. Definitions.
``Sec. 702. Foreign intelligence surveillance court jurisdiction to 
              review electronic surveillance programs.
``Sec. 703. Applications for approval of electronic surveillance 
              programs.
``Sec. 704. Approval of electronic surveillance programs.
``Sec. 705. Congressional oversight.

                      ``TITLE VIII--EFFECTIVE DATE

``Sec. 801. Effective date.''.

                          ____________________