Congressional Record: September 22, 2006 (Senate)
Page S10044-S10049


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS




       By Mr. McCONNELL (for himself and Mr. Frist):
  S. 3931. A bill to establish procedures for the review of electronic
surveillance programs; read the first time.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

                                S. 3931

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

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

[[Page S10045]]

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

     SEC. 3. DEFINITIONS.

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

             ``TITLE VII--ELECTRONIC SURVEILLANCE PROGRAMS

     ``SEC. 701. DEFINITIONS.

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

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

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

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

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

[[Page S10046]]

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

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

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

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

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

     SEC. 6. APPROVAL OF ELECTRONIC SURVEILLANCE PROGRAMS.

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

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

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

     SEC. 7. CONGRESSIONAL OVERSIGHT.

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

[[Page S10047]]

     ``SEC. 705. CONGRESSIONAL OVERSIGHT.

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

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

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

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

       (ii) in paragraph (2)--

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

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

     SEC. 9. MODERNIZING AMENDMENTS TO FISA.

       (a) Reference.--In this section, a reference to ``FISA''
     shall mean the Foreign Intelligence Surveillance Act of 1978
     (50 U.S.C. 1801 et seq.).
       (b) Definitions.--Section 101 of FISA (50 U.S.C. 1801) is
     amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (C), by striking ``or'' after the
     semicolon; and
       (B) by adding at the end the following:
       ``(D) otherwise is reasonably expected to possess, control,
     transmit, or receive foreign intelligence information while
     that person is in the United States, provided that the
     official making the certification required by section
     104(a)(6) deems such foreign intelligence information to be
     significant; or'';
       (2) by striking subsection (f) and inserting the following:
       ``(f) `Electronic surveillance' means--
       ``(1) the installation or use of an electronic, mechanical,
     or other surveillance device for acquiring information by
     intentionally directing the surveillance at a particular
     known person who is reasonably believed to be in the United
     States under circumstances in which that person has a
     reasonable expectation of privacy and a warrant would be
     required for law enforcement purposes; or
       ``(2) the intentional acquisition of the contents of any
     communication under circumstances in which a person has a
     reasonable expectation of privacy and a warrant would be
     required for law enforcement purposes, and if both the sender
     and all intended recipients are reasonably believed to be
     located within the United States.'';
       (3) in subsection (h), by striking paragraph (4) and
     inserting the following:
       ``(4) notwithstanding paragraphs (1), (2), and (3), with
     respect to any electronic surveillance approved pursuant to
     section 102 or 704, procedures that require that no contents
     of any communication originated or sent by a United States
     person shall be disclosed, disseminated, used or retained for
     longer than 7 days unless a court order under section 105 is
     obtained or unless the Attorney General determines that the
     information indicates a threat of death or serious bodily
     harm to any person.''.
       (4) by striking subsection (l); and
       (5) by striking subsection (n) and inserting the following:
       ``(n) `contents', when used with respect to a
     communication, includes any information concerning the
     substance, symbols, sounds, words, purport, or meaning of a
     communication, and does not include dialing, routing,
     addressing, or signaling information.''.
       (c) Electronic Surveillance Authorization.--Section 102 of
     FISA (50 U.S.C. 1802) is amended to read as follows:


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

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

[[Page S10048]]

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

[[Page S10049]]

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

[[Page S10050]]

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

     SEC. 10. CONFORMING AMENDMENT TO TABLE OF CONTENTS.

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

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

             ``TITLE VII--ELECTRONIC SURVEILLANCE PROGRAMS

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

                      ``TITLE VIII--EFFECTIVE DATE

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

                          ____________________