[House Report 110-144]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-144

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2082) TO AUTHORIZE 
 APPROPRIATIONS FOR FISCAL YEAR 2008 FOR INTELLIGENCE AND INTELLIGENCE-
   RELATED ACTIVITIES OF THE UNITED STATES GOVERNMENT, THE COMMUNITY 
MANAGEMENT ACCOUNT, AND THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
               DISABILITY SYSTEM, AND FOR OTHER PURPOSES

                                _______
                                

 May 9, 2007.--Referred to the House Calendar and ordered to be printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 388]

    The Committee on Rules, having had under consideration 
House Resolution 388, by a vote of 8 to 3, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2082 to 
authorize appropriations for fiscal year 2008 for intelligence 
and intelligence-related activities of the United States 
Government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for 
other purposes. The resolution provides for one hour of general 
debate equally divided and controlled by the Chairman and 
Ranking Minority Member of the Permanent Select Committee on 
Intelligence.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
of rule XXI. The resolution considers as an original bill for 
the purpose of further amendment the amendment in the nature of 
a substitute recommended by the Permanent Select Committee on 
Intelligence. The committee amendment shall be considered as 
read. The resolution waives all points of order against the 
committee amendment except those arising under clause 9 of rule 
XXI.
    The resolution makes in order those amendments printed in 
this report and waives all points of order against such 
amendments except those arising under clause 9 or 10 of rule 
XXI. The resolution provides one motion to recommit with or 
without instructions. Finally, the resolution permits the 
Chair, during consideration of the bill in the House, to 
postpone further consideration until a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of points of order against consideration of the 
bill (except those arising under clause 9 of rule XXI) includes 
waivers of clause 4(a)(1) of rule XIII (3-day layover), clause 
3(c)(1) of rule XIII (oversight findings), clause 3(c)(4) of 
rule XIII (statement of performance goals), and clause 3(d)(1) 
of rule XIII (constitutional authority). In addition, the 
waiver of all points of order against consideration of the bill 
except those arising under clause 9 of rule XXI includes a 
prophylactic waiver of section 302(f) of the Congressional 
Budget Act (prohibiting consideration of legislation providing 
new budget authority in excess of a subcommittee's 302(b) 
allocation of such authority) because the total budget 
authority authorized in the bill is classified and therefore 
unavailable. Finally, the waiver of all points of order against 
consideration of the bill except those arising under clause 9 
of rule XXI includes a prophylactic waiver of clause 10 of rule 
XXI (regarding measures affecting direct spending or revenues) 
because the classified annex of the bill is unavailable for 
review; however, the Committee is not aware of any measures in 
the unclassified portion of the bill violating clause 10 of 
rule XXI.

                            COMMITTEE VOTES

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

Rules Committee record vote No. 182

    Date: May 9, 2007.
    Measure: H.R. 2082.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 3 to 8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.

Rules Committee record vote No. 183

    Date: May 9, 2007.
    Measure: H.R. 2082.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide the 
appropriate waivers for an amendment by Rep. Wilson, Heather 
(NM), #10, to amend definitions in FISA regarding the 
categories of persons and communications that could be subject 
to FISA surveillance. It also creates a new definition for 
``surveillance device;'' amends various application procedures; 
imposes additional reporting requirements; provides that no 
action may be maintained in court regarding certain 
intelligence activities; and provides surveillance authority in 
cases of imminent threats of attack.
    Results: Defeated 3 to 8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.

Rules Committee record vote No. 184

    Date: May 9, 2007.
    Measure: H.R. 2082.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Defeated 3 to 8.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Arcuri--Yea; Sutton--
Yea; Dreier--Nay; Diaz-Balart--Nay; Sessions--Nay; Slaughter--
Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Flake (AZ): The amendment would strike subsection (b) of 
section 308, which places a restriction on community management 
funds until a strategic plan to increase diversity is submitted 
to the Intelligence Committees. (10 minutes)
    2. Hoekstra (MI): The amendment would strike section 407, 
which requires that a National Intelligence Estimate on global 
climate change be submitted to Congress. (10 minutes)
    3. Holt (NJ): The amendment would amend the reporting 
requirement in the Intelligence Identities Protection Act 
(codified in Sec. 603 of the National Security Act) to include 
a requirement that the President, based on information from the 
Director of National Intelligence, provide Congress with an 
assessment of the need for any modification to existing law to 
improve legal protection for covert agents. (10 minutes)
    4. Thompson, Mike (CA): The amendment requires that the 
Office of the Director of National Intelligence submit a report 
to the Congressional Intelligence committees, no later than 120 
days after enactment, that provides: (1) the number of 
collectors and analysts, by agency, and (2) a plan to maximize 
the number of collectors and decrease the number of personnel 
authorized to the Office of the Director of National 
Intelligence. (10 minutes)
    5. Rogers, Mike (MI)/Hastings (FL): The amendment would 
place a limit on the number of personnel in the Office of the 
Director of National Intelligence (ODNI). ODNI would only be 
authorized the number of personnel as were serving in the 
office on May 1, 2007. (10 minutes)
    6. Fossella (NY): The amendment authorizes $5 million for a 
study conducted by DHS and the Director of National 
Intelligence to identify the best practices for sharing 
terrorist-threat information between the Federal, State, and 
local levels of government. It also authorizes $10 million to 
establish centers of best practices based on the study with $3 
million authorized for the following five years to cover 
operational expenses of the centers. (10 minutes)
    7. Lee (CA): The amendment requires a report to House and 
Senate Intelligence committees describing any authorization 
granted during the past 10 years to engage in intelligence 
activities related to the overthrow of a democratically elected 
government. (10 minutes)
    8. Price, David (NC): The amendment would require the 
Director of National Intelligence to submit a report on the 
uses of contractors for personal services activities. The 
report would examine the functions currently performed by 
contractors, regulations regarding training and vetting 
standards, costs savings achieved by the use of contractors, 
and activities that are appropriate or inappropriate for 
performance by contractors. (10 minutes)
    9. Berkley (NV): The amendment requires the Director of 
National Intelligence to submit to Congress a report on the 
advisability of providing Federal retirement benefits to 
employees of Air America. (10 minutes)
    10. Schiff (CA)/Flake (AZ): The amendment states that the 
Foreign Intelligence Surveillance Act of 1978 (FISA) shall be 
the exclusive means by which domestic electronic surveillance 
for the purpose of gathering foreign intelligence information 
may be conducted, and makes clear that this applies until 
specific statutory authorization for electronic surveillance, 
other than as an amendment to FISA, is enacted. (10 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

 1. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  Page 16, line 6, strike ``(a) Strategic Plan Required.--''.

  Strike subsection (b) of section 308 (page 16, lines 19 
through 25).
                              ----------                              


 2. An Amendment To Be Offered by Representative Hoekstra of Michigan, 
               or His Designee, Debatable for 10 Minutes

  Strike section 407 (page 24, line 17 through page 26, line 
8).
                              ----------                              


3. An Amendment To Be Offered by Representative Holt of New Jersey, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title III (page 16, after line 25), add the 
following new section:

SEC. 309. MODIFICATIONS TO ANNUAL REPORT ON PROTECTION OF INTELLIGENCE 
                    IDENTITIES.

  The first sentence of section 603(a) of the National Security 
Act of 1947 (50 U.S.C. 423(a)) is amended by inserting ``, 
including an assessment of the need for any modification of 
this title for the purpose of improving legal protections for 
covert agents'' after ``measures to protect the identities of 
covert agents''.
                              ----------                              


4. An Amendment To Be Offered by Representative Thompson of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title IV (page 39, after line 
16), add the following new section:

SEC. 414. REPORT ON PERSONNEL OF THE INTELLIGENCE COMMUNITY.

  (a) In General.--Not later than 120 days after the date of 
the enactment of this Act, the Director of National 
Intelligence shall submit to the congressional intelligence 
committees a report containing--
          (1) the number of intelligence collectors and 
        analysts employed or contracted by each element of the 
        intelligence community; and
          (2) a plan to maximize the number of intelligence 
        collectors employed or contracted by the intelligence 
        community.
  (b) Limitation on Personnel.--
          (1) Limitation.--Subject to paragraph (2), but 
        notwithstanding any other provision of this Act 
        (including the classified Schedule of Authorizations 
        referred to in section 102(a)), the Office of the 
        Director of National Intelligence is authorized not 
        more than--
                  (A) the number of personnel employed or 
                contracted by such Office as of May 9, 2007; 
                and
                  (B) an additional 15 percent of such number 
                of personnel employed or contracted by such 
                Office as of May 9, 2007.
          (2) Termination of limitation.--The limitation on the 
        number of personnel authorized for the Office of the 
        Director of National Intelligence under paragraph (1) 
        shall no longer apply on or after the date on which the 
        report required under subsection (a) is submitted.
                              ----------                              


5. An Amendment To Be Offered by Representative Rogers of Michigan, or 
                 His Designee, Debatable for 10 Minutes

  Page 5, line 19, strike ``The amounts'' and insert ``Subject 
to section 106, the amounts''.

  Page 6, line 9, strike ``With the approval'' and insert 
``Subject to section 106, with the approval''.

  Page 7, line 11, strike ``The elements'' and insert ``Subject 
to section 106, the elements''.

  Page 8, line 5, strike ``In addition'' and insert ``Subject 
to section 106, in addition''.

  At the end of title I (page 10, after line 2), add the 
following new section:

SEC. 106. LIMITATION ON NUMBER OF PERSONNEL OF THE OFFICE OF THE 
                    DIRECTOR OF NATIONAL INTELLIGENCE.

  Notwithstanding any other provision of this Act, the Office 
of the Director of National Intelligence is authorized only the 
number of personnel as were serving in such Office on May 1, 
2007.
                              ----------                              


 6. An Amendment To Be Offered by Representative Fossella of New York, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

  TITLE VI--COMMUNICATION OF INFORMATION CONCERNING TERRORIST THREATS

SEC. 601. IDENTIFICATION OF BEST PRATICES.

  (a) Study.--The Secretary of Homeland Security and the 
Director of National Intelligence shall conduct jointly, or 
contract with an entity to conduct, a study of the operations 
of Federal, State, and local government entities to identify 
best practices for the communication of information concerning 
a terrorist threat.
  (b) Contents.--
          (1) Identification of best practices.--The study 
        conducted under this section shall be focused on an 
        analysis and identification of the best practices of 
        the information sharing processes of the following 
        government entities:
                  (A) Joint Terrorism Task Forces, which are 
                operated by the Federal Bureau of 
                Investigations with the participation of local 
                law enforcement agencies.
                  (B) State Homeland Security Fusion Centers, 
                which are established by a State and share 
                information with Federal departments.
                  (C) The Homeland Security Operations Center, 
                which is operated by the Department of Homeland 
                Security for the purposes of coordinating 
                information.
                  (D) State and local law enforcement agencies 
                that collect, utilize, and disseminate 
                information on potential terrorist attacks.
                  (E) The appropriate elements of the 
                intelligence community (as defined in section 
                3(4) of the National Security Act of 1947 (50 
                U.S.C. 401a(4))) involved in the sharing of 
                counter-terrorism information.
                  (F) The Interagency Threat Assessment 
                Coordination Group at the National 
                Counterterrorism Center.
          (2) Coordination of government entities.--The study 
        conducted under this section shall include an 
        examination of methods for coordinating the activities 
        of Federal, State, and local entities in responding to 
        a terrorist threat, and specifically the communication 
        to the general public of information concerning the 
        threat. The study shall not include an examination of 
        the sources and methods used in the collection of the 
        information.
  (c) Obtaining Official Data.--In conducting the study, the 
Secretary, in conjunction with the Director, with due regard 
for the protection of classified information, may secure 
directly from any department or agency of the United States 
information necessary to enable the Secretary to carry out this 
section. Classified information shall be handled through 
established methods for controlling such information.
  (d) Temporary Duty of Federal Personnel.--The Secretary, in 
conjunction with the Director, may request the head of any 
department or agency of the United States to detail to 
temporary duty personnel within the administrative jurisdiction 
of the head of the department or agency that the Secretary may 
need to carry out this section, each detail to be without loss 
of seniority, pay, or other employee status.
  (e) Report.--
          (1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary, in 
        conjunction with the Director, shall submit to Congress 
        a report that contains--
                  (A) a detailed statement of the findings and 
                conclusions of the study, including 
                identification of the best practices for the 
                processing, analysis, and dissemination of 
                information between the government entities 
                referred to in subsection (b)(1); and
                  (B) recommendations for a formalized process 
                of consultation, communication, and 
                confidentiality between Federal, State, and 
                local governments, incorporating the best 
                practices of the various entities studied, to 
                facilitate communication and help prevent the 
                unauthorized dissemination of information and 
                criticism of decisions concerning terrorist 
                threats.
          (2) Classified information.--To the extent determined 
        appropriate by the Secretary, in conjunction with the 
        Director, the Secretary may submit a portion of the 
        report in classified form.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $5,000,000 for fiscal 
year 2008.

SEC. 602. CENTERS OF BEST PRACTICES.

  (a) In General.--The Secretary of Homeland Security, in 
consultation with the Director of National Intelligence, shall 
make grants for the establishment and operation of 3 centers to 
implement the best practices, identified by the study conducted 
under section 601, for the processing, analysis, and 
dissemination of information concerning a terrorist threat (in 
this section, each referred to as a ``Center'').
  (b) Location of Centers.--In carrying out subsection (a), the 
Secretary, in consultation with the Director, shall make grants 
to--
          (1) the State of New York for the establishment of a 
        Center to be located in New York City;
          (2) the State of Michigan for the establishment of a 
        Center to be located in Detroit; and
          (3) the State of California for the establishment of 
        a Center to be located in Los Angeles.
  (c) Purpose of Centers.--Each Center shall--
          (1) implement the best practices, identified by the 
        study conducted under section 601, for information 
        sharing concerning a terrorist threat;
          (2) coordinate the communication of these best 
        practices with other metropolitan areas;
          (3) coordinate with the Secretary and the Director to 
        develop a training curriculum to implement these best 
        practices;
          (4) provide funding and technical assistance to other 
        metropolitan areas to assist the metropolitan areas in 
        the implementation of the curriculum developed under 
        paragraph (3); and
          (5) coordinate with the Secretary and the Director to 
        establish a method to advertise and disseminate these 
        best practices.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated for making grants under this section--
          (1) $10,000,000 for fiscal year 2008 for the 
        establishment of the Centers; and
          (2) $3,000,000 for each of fiscal years 2009 through 
        2013 for the operation of the Centers.
  (e) Report to Congress.--Not later than March 31, 2010, the 
Secretary, in consultation with the Director, shall submit to 
Congress a report evaluating the operations of the Centers and 
making recommendations for future funding.
                              ----------                              


 7. An Amendment To Be Offered by Representative Lee of California, or 
                 Her Designee, Debatable for 10 Minutes

  At the end of subtitle A of title V (page 48, after line 5), 
add the following new section:

SEC. 503. REPORT ON AUTHORIZATION TO OVERTHROW DEMOCRATICALLY ELECTED 
                    GOVERNMENTS.

   Not later than 120 days after the date of the enactment of 
this Act, the President shall submit to the congressional 
intelligence committees a report describing any authorization 
granted during the 10-year period ending on the date of the 
enactment of this Act to engage in intelligence activities 
related to the overthrow of a democratically elected 
government.
                              ----------                              


    8. An Amendment To Be Offered by Representative Price of North 
          Carolina, or His Designee, Debatable for 10 Minutes

  Page 33, after line 13 insert the following new subsections:

  (d) Use of Contractors for Intelligence Activities.--
          (1) Report.--Not later than April 1, 2008, the 
        Director of National Intelligence shall submit to the 
        congressional intelligence committees a report on 
        personal services activities performed by contractors 
        under the National Intelligence Program and, at the 
        discretion of the Director of National Intelligence, 
        the Military Intelligence Program. Such report shall 
        include--
                  (A) an inventory of the types of functions 
                and activities performed by contractors in 
                fulfillment of contracts for each element of 
                the intelligence community;
                  (B) a description of any relevant regulations 
                or guidance issued by the Director of National 
                Intelligence or the head of an element of the 
                intelligence community relating to minimum 
                standards required regarding the hiring, 
                training, security clearance, and assignment of 
                contract personnel;
                  (C) an assessment of costs incurred or 
                savings achieved by awarding contracts for the 
                performance of such functions referred to in 
                subparagraph (A) instead of using full-time 
                employees of the elements of the intelligence 
                community to perform such functions;
                  (D) a description of the types of functions 
                or activities that the Director of National 
                Intelligence considers appropriate to be 
                carried out by contractors;
                  (E) a description of the types of functions 
                or activities that the Director of National 
                Intelligence considers inappropriate to be 
                carried out by contractors;
                  (F) an assessment of the appropriateness of 
                using contractors to perform the activities 
                described in paragraph (2); and
                  (G) an estimate of the number of contracts, 
                and the number of personnel working under such 
                contracts, related to the performance of 
                activities described in paragraph (2).
          (2) Activities.--Activities described in this 
        paragraph are the following:
                  (A) Intelligence collection.
                  (B) Intelligence analysis.
                  (C) Covert actions.
                  (D) Interrogation of a person detained, 
                imprisoned, or otherwise held in the custody or 
                under the control of the United States 
                Government.
                  (E) Support for the detention, imprisonment, 
                or holding of a person under the custody or 
                control of the United States Government, 
                including activities relating to the detention, 
                transfer, or transportation of such person 
                across international borders.
                  (F) Conduct of electronic or physical 
                surveillance or monitoring of United States 
                citizens in the United States.
          (3) Form.--The report required under paragraph (1) 
        shall be submitted in unclassified form, but may 
        include a classified annex.
                              ----------                              


 9. An Amendment To Be Offered by Representative Berkley of Nevada, or 
                 Her Designee, Debatable for 10 Minutes

  At the end of subtitle A of title IV (page 39, after line 
16), add the following new section:

SEC. 414. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT 
                    BENEFITS FOR FORMER EMPLOYEES OF AIR AMERICA.

  (a) In General.--Not later than 120 days after the date of 
the enactment of this Act, the Director of National 
Intelligence shall submit to Congress a report on the 
advisability of providing Federal retirement benefits to United 
States citizens for the service of such citizens before 1977 as 
employees of Air America or an associated company while such 
company was owned or controlled by the United States Government 
and operated or managed by the Central Intelligence Agency.
  (b) Report Elements.--
          (1) In general.--The report required by subsection 
        (a) shall include the following:
                  (A) The history of Air America and associated 
                companies before 1977, including a description 
                of--
                          (i) the relationship between such 
                        companies and the Central Intelligence 
                        Agency and other elements of the United 
                        States Government;
                          (ii) the workforce of such companies;
                          (iii) the missions performed by such 
                        companies and their employees for the 
                        United States; and
                          (iv) the casualties suffered by 
                        employees of such companies in the 
                        course of their employment with such 
                        companies.
                  (B) A description of the retirement benefits 
                contracted for or promised to the employees of 
                such companies before 1977, the contributions 
                made by such employees for such benefits, the 
                retirement benefits actually paid such 
                employees, the entitlement of such employees to 
                the payment of future retirement benefits, and 
                the likelihood that former employees of such 
                companies will receive any future retirement 
                benefits.
                  (C) An assessment of the difference between--
                          (i) the retirement benefits that 
                        former employees of such companies have 
                        received or will receive by virtue of 
                        their employment with such companies; 
                        and
                          (ii) the retirement benefits that 
                        such employees would have received and 
                        in the future receive if such employees 
                        had been, or would now be, treated as 
                        employees of the United States whose 
                        services while in the employ of such 
                        companies had been or would now be 
                        credited as Federal service for the 
                        purpose of Federal retirement benefits.
                  (D) The recommendations of the Director 
                regarding the advisability of legislative 
                action to treat employment at such companies as 
                Federal service for the purpose of Federal 
                retirement benefits in light of the 
                relationship between such companies and the 
                United States Government and the services and 
                sacrifices of such employees to and for the 
                United States, and if legislative action is 
                considered advisable, a proposal for such 
                action and an assessment of its costs.
          (2) Views of dcia.--The Director of National 
        Intelligence shall include in the report any views of 
        the Director of the Central Intelligence Agency on the 
        matters covered by the report that the Director of the 
        Central Intelligence Agency considers appropriate.
  (c) Assistance of Comptroller General.--The Comptroller 
General shall, upon the request of the Director of National 
Intelligence and in a manner consistent with the protection of 
classified information, assist the Director in the preparation 
of the report required by subsection (a).
  (d) Form.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
  (e) Definitions.--In this section:
          (1) Air america.--The term ``Air America'' means Air 
        America, Incorporated.
          (2) Associated company.--The term ``associated 
        company'' means any company associated with or 
        subsidiary to Air America, including Air Asia Company 
        Limited and the Pacific Division of Southern Air 
        Transport, Incorporated.
                              ----------                              


10. An Amendment To Be Offered by Representative Schiff of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title V (page 48, after line 5), 
add the following new section:

SEC. 503. REITERATION OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
                    1978 AS THE EXCLUSIVE MEANS BY WHICH ELECTRONIC 
                    SURVEILLANCE MAY BE CONDUCTED FOR GATHERING FOREIGN 
                    INTELLIGENCE INFORMATION.

  (a) Exclusive Means.--Notwithstanding any other provision of 
law, the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) shall be the exclusive means by which 
electronic surveillance may be conducted for the purpose of 
gathering foreign intelligence information.
  (b) Specific Authorization Required for Exception.--
Subsection (a) shall apply until specific statutory 
authorization for electronic surveillance, other than as an 
amendment to the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), is enacted. Such specific statutory 
authorization shall be the only exception to subsection (a).
  (c) Definitions.--In this section:
          (1) Electronic surveillance.--The term ``electronic 
        surveillance'' has the meaning given the term in 
        section 101(f) of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801(f)).
          (2) Foreign intelligence information.--The term 
        ``foreign intelligence information'' has the meaning 
        given the term in section 101(e) of such Act (50 U.S.C. 
        1801(e)).

                                  
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