II 

110TH CONGRESS 

1ST SESSION S. 1114 

To reiterate the exclusivity of the Foreign Intelligence Surveillance Act of 

1978 as the sole authority to permit the conduct of electronic surveillance, to modernize surveillance authorities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2007 

Mrs. FEINSTEIN (for herself and Mr. SPECTER) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Foreign Intelligence Surveillance Improvement and En6 hancement Act of 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 


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1 (B) the Permanent Select Committee on 

2 Intelligence of the House of Representatives. 

3 (2) FOREIGN INTELLIGENCE SURVEILLANCE

4 COURT.—The term ‘‘Foreign Intelligence Surveil5 lance Court’’ means the court established by section 

6 103(a) of the Foreign Intelligence Surveillance Act 

7 of 1978 (50 U.S.C. 1803(a)). 

8 (3) UNITED STATES PERSON.—The term 

9 ‘‘United States person’’ has the meaning given such 

10 term in section 101(i) of the Foreign Intelligence 

11 Surveillance Act of 1978 (50 U.S.C. 1801(i)). 

12 TITLE I—CONSTRUCTION OF 

13 FOREIGN INTELLIGENCE 

14 SURVEILLANCE AUTHORITY 

15 SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF 

16 TITLE 18, UNITED STATES CODE, AND FOR17 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

18 1978 AS EXCLUSIVE MEANS BY WHICH DOMES19 TIC ELECTRONIC SURVEILLANCE MAY BE 

20 CONDUCTED. 

21 (a) EXCLUSIVE MEANS.—Notwithstanding any other 

22 provision of law, chapters 119, 121, and 206 of title 18, 

23 United States Code, and the Foreign Intelligence Surveil24 lance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the 

25 exclusive means by which electronic surveillance (as that 


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1 term is defined in section 101(f) of the Foreign Intel2 ligence Surveillance Act of 1978 (50 U.S.C. 1801(f)) may 

3 be conducted. 

4 (b) AMENDMENT TO FOREIGN INTELLIGENCE SUR5 VEILLANCE ACT OF 1978.—Section 109(a) of the Foreign 

6 Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) 

7 is amended by striking ‘‘authorized by statute’’ each place 

8 it appears and inserting ‘‘authorized by this title or chap9 ter 119, 121, or 206 of title 18, United States Code’’. 

10 (c) AMENDMENT TO TITLE 18, UNITED STATES

11 CODE.—Section 2511(2)(a)(ii)(B) of title 18, United 

12 States Code, is amended by striking ‘‘statutory require13 ments’’ and inserting ‘‘requirements under the Foreign In14 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

15 seq.), this chapter, or chapters 121 or 206 of this title’’. 

16 SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY 

17 REPEAL OR MODIFICATION OF TITLE I OF 

18 THE FOREIGN INTELLIGENCE SURVEIL19 LANCE ACT OF 1978. 

20 (a) IN GENERAL.—Title I of the Foreign Intelligence 

21 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 

22 amended by inserting after section 109 the following new 

23 section: 


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1 ‘‘SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL

2 OR MODIFICATION OF TITLE

3 ‘‘SEC. 109A. No provision of law shall be construed 

4 to implicitly repeal or modify this title or any provision 

5 thereof, nor shall any provision of law be deemed to repeal 

6 or modify this title in any manner unless such provision 

7 of law, if enacted after the date of the enactment of the 

8 Foreign Intelligence Surveillance Improvement and En9 hancement Act of 2007, expressly amends or otherwise 

10 specifically cites this title.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 for that Act is amended by inserting after the item relat13 ing to section 109 the following new item: 

‘‘Sec. 109A. Specific authorization required for any repeal or modification of 

title.’’. 

14 SEC. 103. INFORMATION FOR CONGRESS ON THE TER15 RORIST SURVEILLANCE PROGRAM AND SIMI16 LAR PROGRAMS. 

17 As soon as practicable after the date of the enactment 

18 of this Act, but not later than seven days after such date, 

19 the President shall brief and inform each member of the 

20 congressional intelligence committees on the following: 

21 (1) The Terrorist Surveillance Program of the 

22 National Security Agency. 

23 (2) Any program which involves, whether in 

24 part or in whole, the electronic surveillance of 


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1 United States persons in the United States for for2 eign intelligence purposes, and which is conducted 

3 by any department, agency, or other element of the 

4 United States Government, or by any entity at the 

5 direction of a department, agency, or other element 

6 of the United States Government, without fully com7 plying with the procedures set forth in the Foreign 

8 Intelligence Surveillance Act of 1978 (50 U.S.C. 

9 1801 et seq.) or chapter 119, 121, or 206 of title 

10 18, United States Code. 

11 SEC. 104. SUPREME COURT REVIEW OF THE TERRORIST 

12 SURVEILLANCE PROGRAM. 

13 (a) IN GENERAL.—Upon petition by the United 

14 States or any party to the underlying proceedings, the Su15 preme Court of the United States shall review a final deci16 sion on the merits concerning the constitutionality of the 

17 Terrorist Surveillance Program in at least one case that 

18 is pending in the courts of the United States on the date 

19 of enactment of this Act. 

20 (b) EXPEDITED CONSIDERATION.—It shall be the 

21 duty of the Supreme Court of the United States to ad22 vance on the docket and to expedite to the greatest pos23 sible extent the disposition of any matter brought under 

24 subsection (a). 


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1 (c) DEFINITION.—In this section, the term ‘‘Ter2 rorist Surveillance Program’’ means the program identi3 fied by the President on December 17, 2005, to intercept 

4 international communications into and out of the United 

5 States of persons linked to al Qaeda or related terrorist 

6 organizations. 

7 TITLE II—APPLICATIONS AND 

8 PROCEDURES FOR ELEC9 TRONIC SURVEILLANCE FOR 

10 FOREIGN INTELLIGENCE 

11 PURPOSES 

12 SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR 

13 ORDERS FOR EMERGENCY ELECTRONIC SUR14 VEILLANCE. 

15 Section 105(f) of the Foreign Intelligence Surveil16 lance Act of 1978 (50 U.S.C. 1805(f)) is amended by 

17 striking ‘‘72 hours’’ both places it appears and inserting 

18 ‘‘168 hours’’. 

19 SEC. 202. ADDITIONAL AUTHORITY FOR EMERGENCY ELEC20 TRONIC SURVEILLANCE. 

21 Section 105 of the Foreign Intelligence Surveillance 

22 Act of 1978 (50 U.S.C. 1805) is amended— 

23 (1) by redesignating subsections (g), (h), (i), 

24 and (j) as subsections (h), (i), (j), and (k), respec25 tively; and 


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1 (2) by inserting after subsection (f) the fol2 lowing new subsection (g): 

3 ‘‘(g)(1)(A) Notwithstanding any other provision of 

4 this title and subject to the provisions of this subsection, 

5 the Attorney General may, with the concurrence of the Di6 rector of National Intelligence, appoint appropriate super7 visory or executive personnel within the Federal Bureau 

8 of Investigation and the National Security Agency to au9 thorize electronic surveillance on a United States person 

10 in the United States on an emergency basis pursuant to 

11 the provisions of this subsection. 

12 ‘‘(B) For purposes of this subsection, an intelligence 

13 agent or employee acting under the supervision of a super14 visor or executive appointed under subparagraph (A) may 

15 conduct emergency electronic surveillance under this sub16 section if such supervisor or executive reasonably deter17 mines that— 

18 ‘‘(i) an emergency situation exists with respect 

19 to the employment of electronic surveillance to ob20 tain foreign intelligence information before an order 

21 authorizing such surveillance can with due diligence 

22 be obtained; and 

23 ‘‘(ii) the factual basis exists for the issuance of 

24 an order approving such surveillance under this title. 


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1 ‘‘(2) The supervisors and executives appointed by the 

2 Attorney General under paragraph (1) may only be offi3 cials as follows: 

4 ‘‘(A) In the case of the Federal Bureau of In5 vestigation, officials at or above the level of Special 

6 Agent in Charge. 

7 ‘‘(B) In the case of the National Security Agen8 cy, officials at or above the level of head of branch 

9 of the National Security Agency. 

10 ‘‘(3) A supervisor or executive responsible for the 

11 emergency employment of electronic surveillance under 

12 this subsection shall submit to the Attorney General a re13 quest for approval of the surveillance within 24 hours of 

14 the commencement of the surveillance. The request shall 

15 set forth the ground for the belief specified in paragraph 

16 (1), together with such other information as the Attorney 

17 General shall require. 

18 ‘‘(4)(A) The review of a request under paragraph (3) 

19 shall be completed by the official concerned under that 

20 paragraph as soon as practicable, but not more than 72 

21 hours after the commencement of the electronic surveil22 lance concerned under paragraph (1). 

23 ‘‘(B)(i) If the official concerned determines that the 

24 electronic surveillance does not meet the requirements of 

25 paragraph (1), the surveillance shall terminate immeVerDate Aug 31 2005 01:12 Apr 18, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1114.IS S1114

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1 diately and may not be recommenced by any supervisor 

2 or executive appointed under paragraph (1), or any agent 

3 or employee acting under the supervision of such super4 visor or executive, absent additional facts or changes in 

5 circumstances that lead a supervisor or executive ap6 pointed under paragraph (1) to reasonably believe that the 

7 requirements of paragraph (1) are satisfied. 

8 ‘‘(ii) In the event of a determination under clause (i), 

9 the Attorney General shall not be required, under section 

10 106(j), to notify any United States person of the fact that 

11 the electronic surveillance covered by such determination 

12 was conducted before the termination of the surveillance 

13 under that clause. However, the official making such de14 termination shall notify the court established by section 

15 103(a) of such determination, and shall also provide notice 

16 of such determination in the first report that is submitted 

17 under section 108(a) after such determination is made. 

18 ‘‘(C) If the official concerned determines that the sur19 veillance meets the requirements of subsection (f), the sur20 veillance may continue, subject to the requirements of 

21 paragraph (5). 

22 ‘‘(5)(A) An application in accordance with this title 

23 shall be made to a judge having jurisdiction under section 

24 103 as soon as practicable but not more than 168 hours 


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1 after the commencement of electronic surveillance under 

2 paragraph (1). 

3 ‘‘(B) In the absence of a judicial order approving 

4 electronic surveillance commenced under paragraph (1), 

5 the surveillance shall terminate at the earlier of— 

6 ‘‘(i) when the information sought is obtained; 

7 ‘‘(ii) when the application under subparagraph 

8 (A) for an order approving the surveillance is de9 nied; or 

10 ‘‘(iii) 168 hours after the commencement of the 

11 surveillance, unless an application under subpara12 graph (A) is pending, in which case the surveillance 

13 may continue for up to an additional 24 hours while 

14 the judge has the application under advisement. 

15 ‘‘(C) If an application under subparagraph (A) for 

16 an order approving electronic surveillance commenced 

17 under paragraph (1) is denied, or in any other case in 

18 which the surveillance is terminated and no order approv19 ing the surveillance is issued by a court, the use of infor20 mation obtained or evidence derived from the surveillance 

21 shall be governed by the provisions of subsection (f). 

22 ‘‘(D) The denial of an application submitted under 

23 subparagraph (A) may be reviewed as provided in section 

24 103. 


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1 ‘‘(6) Any person who engages in the emergency em2 ployment of electronic surveillance under paragraph (1) 

3 shall follow the minimization procedures otherwise re4 quired by this title for the issuance of a judicial order ap5 proving the conduct of electronic surveillance. 

6 ‘‘(7) Not later than 30 days after appointing super7 visors and executives under paragraph (1) to authorize the 

8 exercise of authority in that paragraph, the Attorney Gen9 eral, in consultation with the Director of National Intel10 ligence, shall submit to the court established by section 

11 103(a), the Select Committee on Intelligence of the Sen12 ate, and the Permanent Select Committee on Intelligence 

13 of the House of Representatives, and bring up to date as 

14 required, a report that— 

15 ‘‘(A) identifies the number of supervisors and 

16 executives who have been so appointed and the posi17 tions held by such supervisors and executives; and 

18 ‘‘(B) sets forth guidelines or other directives 

19 that describe the responsibilities of such supervisors 

20 and executives under this subsection.’’. 

21 SEC. 203. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

22 MATTERS. 

23 (a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 

24 103(a) of the Foreign Intelligence Surveillance Act of 

25 1978 (50 U.S.C. 1803(a)) is amended— 


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1 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

2 (2) in paragraph (1), as so designated, by in3 serting ‘‘at least’’ before ‘‘seven of the United States 

4 judicial circuits’’; 

5 (3) by designating the second sentence as para6 graph (4) and indenting such paragraph, as so des7 ignated, two ems from the left margin; and 

8 (4) by inserting after paragraph (1), as so des9 ignated, the following new paragraph: 

10 ‘‘(2) In addition to the judges designated under para11 graph (1), the Chief Justice of the United States may des12 ignate as judges of the court established by paragraph (1) 

13 such judges appointed under Article III of the Constitu14 tion of the United States as the Chief Justice determines 

15 appropriate in order to provide for the prompt and timely 

16 consideration under section 105 of applications under sec17 tion 104 for electronic surveillance under this title. Any 

18 judge designated under this paragraph shall be designated 

19 publicly.’’. 

20 (b) CONSIDERATION OF EMERGENCY APPLICA21 TIONS.—Such section is further amended by inserting 

22 after paragraph (2), as added by subsection (a)(4) of this 

23 section, the following new paragraph: 

24 ‘‘(3) A judge of the court shall make a determination 

25 to approve, deny, or seek modification of an application 


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1 submitted pursuant to section subsection (f) or (g) of sec2 tion 105 not later than 24 hours after the receipt of such 

3 application by the court.’’. 

4 SEC. 204. DOCUMENT MANAGEMENT SYSTEM FOR APPLICA5 TIONS FOR ORDERS APPROVING ELEC6 TRONIC SURVEILLANCE. 

7 (a) SYSTEM REQUIRED.—The Attorney General 

8 shall, in consultation with the Director of the Federal Bu9 reau of Investigation, the Director of the National Secu10 rity Agency, and the Foreign Intelligence Surveillance 

11 Court, develop and implement a secure, classified docu12 ment management system that permits the prompt prepa13 ration, modification, and review by appropriate personnel 

14 of the Department of Justice, the Federal Bureau of In15 vestigation, the National Security Agency, and other appli16 cable elements of the United States Government of appli17 cations under section 104 of the Foreign Intelligence Sur18 veillance Act of 1978 (50 U.S.C. 1804) before their sub19 mittal to the Foreign Intelligence Surveillance Court. 

20 (b) SCOPE OF SYSTEM.—The document management 

21 system required by subsection (a) shall— 

22 (1) permit and facilitate the prompt submittal 

23 of applications to the Foreign Intelligence Surveil24 lance Court under section 104 or 105(g)(5) of the 


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1 Foreign Intelligence Surveillance Act of 1978 (50 

2 U.S.C. 1804 and 1805(g)(5)); and 

3 (2) permit and facilitate the prompt transmittal 

4 of rulings of the Foreign Intelligence Surveillance 

5 Court to personnel submitting applications described 

6 in paragraph (1). 

7 SEC. 205. ADDITIONAL PERSONNEL FOR PREPARATION 

8 AND CONSIDERATION OF APPLICATIONS FOR 

9 ORDERS APPROVING ELECTRONIC SURVEIL10 LANCE. 

11 (a) OFFICE OF INTELLIGENCE POLICY AND RE12 VIEW.— 

13 (1) ADDITIONAL PERSONNEL.—The Office of 

14 Intelligence Policy and Review of the Department of 

15 Justice is hereby authorized such additional per16 sonnel as may be necessary to carry out the prompt 

17 and timely preparation, modification, and review of 

18 applications under section 104 of the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 1804) 

20 for orders under section 105 of that Act (50 U.S.C. 

21 1805) approving electronic surveillance for foreign 

22 intelligence purposes. 

23 (2) ASSIGNMENT.—The Attorney General shall 

24 assign personnel authorized by paragraph (1) to and 

25 among appropriate offices of the National Security 


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1 Agency in order that such personnel may directly as2 sist personnel of the Agency in preparing applica3 tions described in that paragraph. 

4 (b) FEDERAL BUREAU OF INVESTIGATION.— 

5 (1) ADDITIONAL LEGAL AND OTHER PER6 SONNEL.—The National Security Branch of the 

7 Federal Bureau of Investigation is hereby authorized 

8 such additional legal and other personnel as may be 

9 necessary to carry out the prompt and timely prepa10 ration of applications under section 104 of the For11 eign Intelligence Surveillance Act of 1978 (50 

12 U.S.C. 1804) for orders under section 105 of that 

13 Act (50 U.S.C. 1805) approving electronic surveil14 lance for foreign intelligence purposes. 

15 (2) ASSIGNMENT.—The Director of the Federal 

16 Bureau of Investigation shall assign personnel au17 thorized by paragraph (1) to and among the field of18 fices of the Federal Bureau of Investigation in order 

19 that such personnel may directly assist personnel of 

20 the Bureau in such field offices in preparing applica21 tions described in that paragraph. 

22 (c) ADDITIONAL LEGAL AND OTHER PERSONNEL

23 FOR NATIONAL SECURITY AGENCY.—The National Secu24 rity Agency is hereby authorized such additional legal and 

25 other personnel as may be necessary to carry out the 


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1 prompt and timely preparation of applications under sec2 tion 104 of the Foreign Intelligence Surveillance Act of 

3 1978 (50 U.S.C. 1804) for orders under section 105 of 

4 that Act (50 U.S.C. 1805) approving electronic surveil5 lance for foreign intelligence purposes. 

6 (d) ADDITIONAL LEGAL AND OTHER PERSONNEL

7 FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

8 There is hereby authorized for the Foreign Intelligence 

9 Surveillance Court such additional staff personnel as may 

10 be necessary to facilitate the prompt and timely consider11 ation by that Court of applications under section 104 of 

12 the Foreign Intelligence Surveillance Act of 1978 (50 

13 U.S.C. 1804) for orders under section 105 of that Act (50 

14 U.S.C. 1805) approving electronic surveillance for foreign 

15 intelligence purposes. Personnel authorized by this para16 graph shall perform such duties relating to the consider17 ation of such applications as that Court shall direct. 

18 (e) SUPPLEMENT NOT SUPPLANT.—The personnel 

19 authorized by this section are in addition to any other per20 sonnel authorized by law. 


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1 SEC. 206. TRAINING OF FEDERAL BUREAU OF INVESTIGA2 TION AND NATIONAL SECURITY AGENCY PER3 SONNEL IN FOREIGN INTELLIGENCE SUR4 VEILLANCE MATTERS. 

5 The Director of the Federal Bureau of Investigation 

6 and the Director of the National Security Agency shall 

7 each, in consultation with the Attorney General— 

8 (1) develop regulations to establish procedures 

9 for conducting and seeking approval of electronic 

10 surveillance on an emergency basis, and for pre11 paring and properly submitting and receiving appli12 cations and orders, under sections 104 and 105 of 

13 the Foreign Intelligence Surveillance Act of 1978 

14 (50 U.S.C. 1804 and 1805); and 

15 (2) prescribe related training for the personnel 

16 of the applicable agency. 

17 SEC. 207. ENHANCEMENT OF ELECTRONIC SURVEILLANCE 

18 AUTHORITY IN WARTIME. 

19 Section 111 of the Foreign Intelligence Surveillance 

20 Act of 1978 (50 U.S.C. 1811) is amended by striking ‘‘fif21 teen calendar days following a declaration of war by the 

22 Congress.’’ and inserting ‘‘30 calendar days following any 

23 of the following: 

24 ‘‘(1) A declaration of war by the Congress. 


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1 ‘‘(2) An authorization for the use of military 

2 force within the meaning of section 2(c)(2) of the 

3 War Powers Resolution (50 U.S.C. 1541(c)(2)). 

4 ‘‘(3) A national emergency created by attack 

5 upon the United States, its territories or posses6 sions, or the Armed Forces within the meaning of 

7 section 2(c)(3) of the War Powers Resolution (50 

8 U.S.C. 1541(c)(3)).’’. 

9 TITLE III—CLARIFICATIONS TO 

10 THE FOREIGN INTELLIGENCE 

11 SURVEILLANCE ACT OF 1978 

12 SEC. 301. ACQUISITION OF FOREIGN-FOREIGN COMMU13 NICATIONS. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of this Act or the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1801 et seq.), no court order shall 

17 be required for the acquisition through electronic surveil18 lance of the contents of any communication between one 

19 person who is not located within the United States and 

20 another person who is not located within the United States 

21 for the purpose of collecting foreign intelligence informa22 tion even if such communication passes through, or the 

23 surveillance device is located within, the United States. 

24 (b) TREATMENT OF INTERCEPTED COMMUNICATIONS

25 INVOLVING DOMESTIC PARTY.—If surveillance conducted 


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1 as described in subsection (a) inadvertently collects a com2 munication in which at least one party is within the 

3 United States, the contents of such communications shall 

4 be handled in accordance with the minimization proce5 dures set forth in section 101(h)(4) of the Foreign Intel6 ligence Surveillance Act of 1978 (50 U.S.C. 1801(h)(4)). 

7 (c) DEFINITIONS.—In this section, the terms ‘‘con8 tents’’, ‘‘electronic surveillance’’, and ‘‘foreign intelligence 

9 information’’ have the meaning given such terms in sec10 tion 101 of the Foreign Intelligence Surveillance Act of 

11 1978 (50 U.S.C. 1801). 

12 SEC. 302. INDIVIDUALIZED FISA ORDERS. 

13 Any order issued pursuant to section 105 of the For14 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

15 1805) authorizing electronic surveillance shall be sup16 ported by an individualized or particularized finding of 

17 probable cause to believe the target of the electronic sur18 veillance is a foreign power or an agent of a foreign power. 

19 TITLE IV—OTHER MATTERS 

20 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated such sums as 

22 may be necessary to carry out this Act and the amend23 ments made by this Act. 


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1 SEC. 402. EFFECTIVE DATE. 

2 Except as provided in section 103, this Act, and the 

3 amendments made by this Act, shall take effect on the 

4 date that is 30 days after the date of the enactment of 

5 this Act. 

Æ 


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