[Congressional Record Volume 153, Number 60 (Monday, April 16, 2007)]
[Senate]
[Pages S4491-S4494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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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