IIB 
109TH CONGRESS 
2D SESSION 
H. R. 5825 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2006 
Received 
NOVEMBER 13, 2006 
Read twice and referred to the Committee on the Judiciary 
AN ACT 
To update the Foreign Intelligence Surveillance Act of 1978. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic Surveillance 
Modernization Act’’. 
SEC. 2. FISA DEFINITIONS. 
(a) AGENT
OF
A FOREIGN POWER.—Subsection 
(b)(1) of section 101 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801) is amended— 
(1) in subparagraph (B), by striking ‘‘; or’’ and 
inserting ‘‘;’’; and 
(2) by adding at the end the following: 
‘‘(D) is reasonably expected to possess, 
control, transmit, or receive foreign intelligence 
information while such person is in the United 
States, provided that the official making the 
certification required by section 104(a)(7) 
deems such foreign intelligence information to 
be significant; or’’. 
(b) ELECTRONIC SURVEILLANCE.—Subsection (f) of 
such section is amended to read as follows: 
‘‘(f) ‘Electronic surveillance’ means— 
‘‘(1) the installation or use of an electronic, me-
chanical, or other surveillance device for acquiring 
information by intentionally directing surveillance at 
a particular known person who is reasonably believed 
to be in the United States under circumstances in 
which that person has a reasonable expectation of 
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privacy and a warrant would be required for law en-
forcement purposes; or 
‘‘(2) the intentional acquisition of the contents 
of any communication under circumstances in which 
a person has a reasonable expectation of privacy and 
a warrant would be required for law enforcement 
purposes, if both the sender and all intended recipi-
ents are reasonably believed to be located within the 
United States.’’. 
(c) MINIMIZATION PROCEDURES.—Subsection (h) of 
such section is amended— 
(1) in paragraph (2), by striking ‘‘importance;’’ 
and inserting ‘‘importance; and’’; 
(2) in paragraph (3), by striking ‘‘; and’’ and 
inserting ‘‘.’’; and 
(3) by striking paragraph (4). 
(d) WIRE COMMUNICATION AND SURVEILLANCE DE-
VICE.—Subsection (l) of such section is amended to read 
as follows: 
‘‘(l) ‘Surveillance device’ is a device that allows sur-
veillance by the Federal Government, but excludes any de-
vice that extracts or analyzes information from data that 
has already been acquired by the Federal Government by 
lawful means.’’. 
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(e) CONTENTS.—Subsection (n) of such section is 
amended to read as follows: 
‘‘(n) ‘Contents’, when used with respect to a commu-
nication, includes any information concerning the sub-
stance, purport, or meaning of that communication.’’. 
SEC. 3. AUTHORIZATION FOR ELECTRONIC SURVEILLANCE 
AND OTHER ACQUISITIONS FOR FOREIGN IN-
TELLIGENCE PURPOSES. 
(a) IN GENERAL.—The Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) is further 
amended by striking section 102 and inserting the fol-
lowing: 
‘‘AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR 
FOREIGN INTELLIGENCE PURPOSES 
‘‘SEC. 102. (a) IN GENERAL.—Notwithstanding any 
other law, the President, acting through the Attorney Gen-
eral, may authorize electronic surveillance without a court 
order under this title to acquire foreign intelligence infor-
mation for periods of up to one year if the Attorney Gen-
eral certifies in writing under oath that— 
‘‘(1) the electronic surveillance is directed at— 
‘‘(A) the acquisition of the contents of 
communications of foreign powers, as defined in 
paragraph (1), (2), or (3) of section 101(a), or 
an agent of a foreign power, as defined in sub-
paragraph (A) or (B) of section 101(b)(1); or 
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‘‘(B) the acquisition of technical intel-
ligence, other than the spoken communications 
of individuals, from property or premises under 
the open and exclusive control of a foreign 
power, as defined in paragraph (1), (2), or (3) 
of section 101(a); and 
‘‘(2) the proposed minimization procedures with 
respect to such surveillance meet the definition of 
minimization procedures under section 101(h); 
if the Attorney General reports such minimization proce-
dures and any changes thereto to the Permanent Select 
Committee on Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the Senate 
at least 30 days prior to the effective date of such mini-
mization procedures, unless the Attorney General deter-
mines immediate action is required and notifies the com-
mittees immediately of such minimization procedures and 
the reason for their becoming effective immediately. 
‘‘(b) MINIMIZATION PROCEDURES.—An electronic 
surveillance authorized by this subsection may be con-
ducted only in accordance with the Attorney General’s cer-
tification and the minimization procedures. The Attorney 
General shall assess compliance with such procedures and 
shall report such assessments to the Permanent Select 
Committee on Intelligence of the House of Representatives 
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