国会记录：2007年4月16日（参议院）第S4491-S4494页关于范斯坦夫人（为她本人和斯佩克特先生）提出的法案和联合决议的声明：。1114.一项法案，重申1978年《外国情报监视法》的排他性，作为允许进行电子监视、使监视当局现代化和用于其他目的的唯一当局；提交司法委员会。范斯坦太太。总统先生，我今天站起来再次介绍上一届国会的立法，该立法将把对恐怖分子的所有电子监视置于法律的色彩之下，并将使进行这种监视的规则现代化。我很高兴司法委员会的高级成员斯佩克特参议员共同发起了这项立法。我们都同意，总统和情报机构应该拥有在恐怖分子有机会再次袭击我们之前找到恐怖分子所需的一切工具。这不能用太多的方式说太多次。不过，我们也同意，这些情报工具可以而且应该以保护所有美国人的宪法和隐私权的方式使用。这就是这项立法试图达到的平衡。这一点在电子监控领域最受关注，政府官员在电子监控中记录美国人电话和电子通信的内容。这一获取重要反恐信息的重要手段同时也是宪法承认的对美国人隐私权的重大侵犯。值得提醒我们自己这一点。我们最近关注的是国家安全信函的使用，FBI通过这些信函不适当地获得了至少数百名美国人的电话记录。电子监控远远超出了记录，而是收集实际内容——通过电话或电子邮件输入的文字。还值得提醒我们自己，为什么这项立法是必要的，因为在这成为参议院的首要立法问题之前已经有好几个月了。自2001年9月11日以来的五年多时间里，美国国家安全局（National Security Agency）在没有1978年《外国情报监视法》（FISA）要求的法庭命令的情况下，收集了美国公民和永久居民的来电内容。这种监视是在没有通知国会情报委员会并寻求其授权的情况下进行的。总统和副总统严格限制披露他们称之为“恐怖分子监视计划”的信息。直到2005年12月《纽约时报》的一篇文章揭露了这一监视活动，只有八名国会议员听取了有关这一计划的简报。即使在这篇文章发表后，白宫仍拒绝向参众两院情报委员会成员通报情况长达数月。即使是现在，情报委员会也没有履行宪法监督职责所需的所有信息。在整个2006年，司法委员会就授权或禁止FISA以外的电子监控的各种法案进行了辩论。斯佩克特参议员和我去年起草的法案，今天被重新提交，在2006年9月13日的两党投票中被司法部报告。然而，参议院在休会前没有采取任何立法行动。然后，2007年1月17日，总检察长阿尔贝托·冈萨雷斯通知参议院司法委员会主席兼高级成员，FISA法院已批准恐怖分子监视计划。自1月以来，该计划按照FISA的要求，在法庭监督下进行[[第S4492页]。我很高兴政府将TSP提交给了FISA法院，法院已经找到了一种方式来发布一项批准这种监督的命令。我很高兴，但并不惊讶。在去年的立法辩论中，我一直坚持认为，TSP不需要太多的修改就可以适应FISA的限制。所需要的只是政府愿意遵循法律程序。各位议员可能会问，鉴于最近的事态发展，为何现在需要立法。有两个原因。首先，参议院应该通过这项法案，因为本届政府从未承认它不能在法律之外进行电子监视。它已经将TSP置于FISA法庭审查之下，但它声称它有权不这样做。未来的政府，如果不被禁止，可能会采取同样的观点。我不同意这种法律分析。其次，国家安全局局长、联邦调查局局长和司法部长多次表示，FISA已经过时，需要现代化。目前的FISA程序过于官僚，速度太慢，无法在发现可疑恐怖分子的电话或电子邮件账户后启动电子监控。本条例草案旨在解决这些问题s by providing new flexibility and additional resources to speed the FISA process and allow for the more timely collection of valuable intelligence. Allow me to summarize the legislation. The bill: re-iterates that FISA is the exclusive means for conducting electronic surveillance for intelligence purposes. Specifies that FISA's requirements cannot be written off through contorted interpretations of other statutes. The Administration's tortured argument with respect to the Authorization for the 2001 Use of Military Force (AUMF) notwithstanding, this legislation would specify that FISA's language can only be undone by a specific and direct Act of Congress. Requires that Congress, through the Intelligence Committees, be fully briefed on the Terrorist Surveillance Program and any related surveillance programs. Requires the Supreme Court to review, on an expedited basis, the constitutionality of the Terrorist Surveillance Program. Streamlines the current ``emergency procedures'' in FISA. Currently, the Attorney General can authorize surveillance prior to a Court order for 72 hours in an emergency. This legislation would extend the time to one week, which should remove any doubt as to whether Court approval can be sought and obtained in time. The bill also allows the Attorney General to delegate his authority to initiate electronic surveillance in an emergency to specific supervisory officials at the NSA and FBI. Authorizes additional personnel to expedite the writing, submission, and review of FISA applications. Specifically, additional FISA Court judges and staff are authorized, as are additional positions at the Department of Justice, FBI, and NSA. Extends the existing FISA authority--for 15 days of warrantless surveillance following a declaration of war--to any 30-day period following an authorization for the use of military force or a national emergency following a terrorist attack. Allows the National Security Agency to take full advantage of its capabilities to collect intelligence on foreign communications. While foreign-to-foreign communications are not covered now by FISA's requirements, the NSA can only conduct surveillance on these calls if it can be sure, in advance, that a telephone call of email won't transit the United States or unexpectedly end here. In the age of cell phones and the global telecommunications system, this a priori certification is very difficult to make. This legislation therefore specifies that in such inadvertent collection cases, the NSA must minimize the data, but that it has not violated the law. Finally, the legislation clarifies that FISA court orders for electronic surveillance must be individualized to a particular target that the government has probable cause to believe is a foreign power or an agent of a foreign power. From the briefings I have received as a member of the Intelligence Committee and the hearings held in Judiciary, I am convinced that the Terrorist Surveillance Program is an important anti-terrorism tool that should be continued. It is also clear from the January FISA Court ruling that the Terrorist Surveillance Program can be conducted within the confines of FISA. It is appropriate now for Congress to re-iterate that this is the appropriate arrangement. This is by no means an issue that has been overtaken by events. The Administration continues to support a view of plenary authority in which it can conduct electronic surveillance in violation of FISA. The NSA and the FBI continue to labor under a process that was formed 29 years ago, prior to fundamental changes in the telecommunications system. I urge the Senate to act to ensure that the law is followed and privacy rights upheld, and to provide the Intelligence Community the tools it needs to continue to make us safe. I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 1114 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Foreign Intelligence Surveillance Improvement and Enhancement Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY Sec. 101. Reiteration of chapters 119, 121, and 206 of title 18, United States Code, and Foreign Intelligence Surveillance Act of 1978 as exclusive means by which domestic electronic surveillance may be conducted. Sec. 102. Specific authorization required for any repeal or modification of title I of the Foreign Intelligence Surveillance Act of 1978. Sec. 103. Information for Congress on the terrorist surveillance program and similar programs. Sec. 104. Supreme Court review of the Terrorist Surveillance Program. TITLE II--APPLICATIONS AND PROCEDURES FOR ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES Sec. 201. Extension of period for applications for orders for emergency electronic surveillance. Sec. 202. Additional authority for emergency electronic surveillance. Sec. 203. Foreign Intelligence Surveillance Court matters. Sec. 204. Document management system for applications for orders approving electronic surveillance. Sec. 205. Additional personnel for preparation and consideration of applications for orders approving electronic surveillance. Sec. 206. Training of Federal Bureau of Investigation and National Security Agency personnel in foreign intelligence surveillance matters. Sec. 207. Enhancement of electronic surveillance authority in wartime. TITLE III--CLARIFICATIONS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 Sec. 301. Acquisition of foreign-foreign communications. Sec. 302. Individualized FISA orders. TITLE IV--OTHER MATTERS Sec. 401. Authorization of appropriations. Sec. 402. Effective date. SEC. 2. DEFINITIONS. In this Act: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means-- (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Foreign intelligence surveillance court.--The term ``Foreign Intelligence Surveillance Court'' means the court established by section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). (3) United states person.--The term ``United States person'' has the meaning given such term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)). [[Page S4493]] TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF TITLE 18, UNITED STATES CODE, AND FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AS EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC SURVEILLANCE MAY BE CONDUCTED. (a) Exclusive Means.--Notwithstanding any other provision of law, chapters 119, 121, and 206 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic surveillance (as that term is defined in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)) may be conducted. (b) Amendment to Foreign Intelligence Surveillance Act of 1978.--Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended by striking ``authorized by statute'' each place it appears and inserting ``authorized by this title or chapter 119, 121, or 206 of title 18, United States Code''. (c) Amendment to Title 18, United States Code.--Section 2511(2)(a)(ii)(B) of title 18, United States Code, is amended by striking ``statutory requirements'' and inserting ``requirements under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), this chapter, or chapters 121 or 206 of this title''. SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL OR MODIFICATION OF TITLE I OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) In General.--Title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after section 109 the following new section: ``SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL OR MODIFICATION OF TITLE ``Sec. 109A. No provision of law shall be construed to implicitly repeal or modify this title or any provision thereof, nor shall any provision of law be deemed to repeal or modify this title in any manner unless such provision of law, if enacted after the date of the enactment of the Foreign Intelligence Surveillance Improvement and Enhancement Act of 2007, expressly amends or otherwise specifically cites this title.''. (b) Clerical Amendment.--The table of contents for that Act is amended by inserting after the item relating to section 109 the following new item: ``Sec. 109A. Specific authorization required for any repeal or modification of title.''. SEC. 103. INFORMATION FOR CONGRESS ON THE TERRORIST SURVEILLANCE PROGRAM AND SIMILAR PROGRAMS. As soon as practicable after the date of the enactment of this Act, but not later than seven days after such date, the President shall brief and inform each member of the congressional intelligence committees on the following: (1) The Terrorist Surveillance Program of the National Security Agency. (2) Any program which involves, whether in part or in whole, the electronic surveillance of United States persons in the United States for foreign intelligence purposes, and which is conducted by any department, agency, or other element of the United States Government, or by any entity at the direction of a department, agency, or other element of the United States Government, without fully complying with the procedures set forth in the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or chapter 119, 121, or 206 of title 18, United States Code. SEC. 104. SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE PROGRAM. (a) In General.--Upon petition by the United States or any party to the underlying proceedings, the Supreme Court of the United States shall review a final decision on the merits concerning the constitutionality of the Terrorist Surveillance Program in at least one case that is pending in the courts of the United States on the date of enactment of this Act. (b) Expedited Consideration.--It shall be the duty of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). (c) Definition.--In this section, the term ``Terrorist Surveillance Program'' means the program identified by the President on December 17, 2005, to intercept international communications into and out of the United States of persons linked to al Qaeda or related terrorist organizations. TITLE II--APPLICATIONS AND PROCEDURES FOR ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY ELECTRONIC SURVEILLANCE. Section 105(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(f)) is amended by striking ``72 hours'' both places it appears and inserting ``168 hours''. SEC. 202. ADDITIONAL AUTHORITY FOR EMERGENCY ELECTRONIC SURVEILLANCE. Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended-- (1) by redesignating subsections (g), (h), (i), and (j) as subsections (h), (i), (j), and (k), respectively; and (2) by inserting after subsection (f) the following new subsection (g): ``(g)(1)(A) Notwithstanding any other provision of this title and subject to the provisions of this subsection, the Attorney General may, with the concurrence of the Director of National Intelligence, appoint appropriate supervisory or executive personnel within the Federal Bureau of Investigation and the National Security Agency to authorize electronic surveillance on a United States person in the United States on an emergency basis pursuant to the provisions of this subsection. ``(B) For purposes of this subsection, an intelligence agent or employee acting under the supervision of a supervisor or executive appointed under subparagraph (A) may conduct emergency electronic surveillance under this subsection if such supervisor or executive reasonably determines that-- ``(i) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and ``(ii) the factual basis exists for the issuance of an order approving such surveillance under this title. ``(2) The supervisors and executives appointed by the Attorney General under paragraph (1) may only be officials as follows: ``(A) In the case of the Federal Bureau of Investigation, officials at or above the level of Special Agent in Charge. ``(B) In the case of the National Security Agency, officials at or above the level of head of branch of the National Security Agency. ``(3) A supervisor or executive responsible for the emergency employment of electronic surveillance under this subsection shall submit to the Attorney General a request for approval of the surveillance within 24 hours of the commencement of the surveillance. The request shall set forth the ground for the belief specified in paragraph (1), together with such other information as the Attorney General shall require. ``(4)(A) The review of a request under paragraph (3) shall be completed by the official concerned under that paragraph as soon as practicable, but not more than 72 hours after the commencement of the electronic surveillance concerned under paragraph (1). ``(B)(i) If the official concerned determines that the electronic surveillance does not meet the requirements of paragraph (1), the surveillance shall terminate immediately and may not be recommenced by any supervisor or executive appointed under paragraph (1), or any agent or employee acting under the supervision of such supervisor or executive, absent additional facts or changes in circumstances that lead a supervisor or executive appointed under paragraph (1) to reasonably believe that the requirements of paragraph (1) are satisfied. ``(ii) In the event of a determination under clause (i), the Attorney General shall not be required, under section 106(j), to notify any United States person of the fact that the electronic surveillance covered by such determination was conducted before the termination of the surveillance under that clause. However, the official making such determination shall notify the court established by section 103(a) of such determination, and shall also provide notice of such determination in the first report that is submitted under section 108(a) after such determination is made. ``(C) If the official concerned determines that the surveillance meets the requirements of subsection (f), the surveillance may continue, subject to the requirements of paragraph (5). ``(5)(A) An application in accordance with this title shall be made to a judge having jurisdiction under section 103 as soon as practicable but not more than 168 hours after the commencement of electronic surveillance under paragraph (1). ``(B) In the absence of a judicial order approving electronic surveillance commenced under paragraph (1), the surveillance shall terminate at the earlier of-- ``(i) when the information sought is obtained; ``(ii) when the application under subparagraph (A) for an order approving the surveillance is denied; or ``(iii) 168 hours after the commencement of the surveillance, unless an application under subparagraph (A) is pending, in which case the surveillance may continue for up to an additional 24 hours while the judge has the application under advisement. ``(C) If an application under subparagraph (A) for an order approving electronic surveillance commenced under paragraph (1) is denied, or in any other case in which the surveillance is terminated and no order approving the surveillance is issued by a court, the use of information obtained or evidence derived from the surveillance shall be governed by the provisions of subsection (f). ``(D) The denial of an application submitted under subparagraph (A) may be reviewed as provided in section 103. ``(6) Any person who engages in the emergency employment of electronic surveillance under paragraph (1) shall follow the minimization procedures otherwise required by this title for the issuance of a judicial order approving the conduct of electronic surveillance. ``(7) Not later than 30 days after appointing supervisors and executives under paragraph (1) to authorize the exercise of authority in [[Page S4494]] that paragraph, the Attorney General, in consultation with the Director of National Intelligence, shall submit to the court established by section 103(a), the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, and bring up to date as required, a report that-- ``(A) identifies the number of supervisors and executives who have been so appointed and the positions held by such supervisors and executives; and ``(B) sets forth guidelines or other directives that describe the responsibilities of such supervisors and executives under this subsection.''. SEC. 203. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS. (a) Authority for Additional Judges.--Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) in paragraph (1), as so designated, by inserting ``at least'' before ``seven of the United States judicial circuits''; (3) by designating the second sentence as paragraph (4) and indenting such paragraph, as so designated, two ems from the left margin; and (4) by inserting after paragraph (1), as so designated, the following new paragraph: ``(2) In addition to the judges designated under paragraph (1), the Chief Justice of the United States may designate as judges of the court established by paragraph (1) such judges appointed under Article III of the Constitution of the United States as the Chief Justice determines appropriate in order to provide for the prompt and timely consideration under section 105 of applications under section 104 for electronic surveillance under this title. Any judge designated under this paragraph shall be designated publicly.''. (b) Consideration of Emergency Applications.--Such section is further amended by inserting after paragraph (2), as added by subsection (a)(4) of this section, the following new paragraph: ``(3) A judge of the court shall make a determination to approve, deny, or seek modification of an application submitted pursuant to section subsection (f) or (g) of section 105 not later than 24 hours after the receipt of such application by the court.''. SEC. 204. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR ORDERS APPROVING ELECTRONIC SURVEILLANCE. (a) System Required.--The Attorney General shall, in consultation with the Director of the Federal Bureau of Investigation, the Director of the National Security Agency, and the Foreign Intelligence Surveillance Court, develop and implement a secure, classified document management system that permits the prompt preparation, modification, and review by appropriate personnel of the Department of Justice, the Federal Bureau of Investigation, the National Security Agency, and other applicable elements of the United States Government of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) before their submittal to the Foreign Intelligence Surveillance Court. (b) Scope of System.--The document management system required by subsection (a) shall-- (1) permit and facilitate the prompt submittal of applications to the Foreign Intelligence Surveillance Court under section 104 or 105(g)(5) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804 and 1805(g)(5)); and (2) permit and facilitate the prompt transmittal of rulings of the Foreign Intelligence Surveillance Court to personnel submitting applications described in paragraph (1). SEC. 205. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF APPLICATIONS FOR ORDERS APPROVING ELECTRONIC SURVEILLANCE. (a) Office of Intelligence Policy and Review.-- (1) Additional personnel.--The Office of Intelligence Policy and Review of the Department of Justice is hereby authorized such additional personnel as may be necessary to carry out the prompt and timely preparation, modification, and review of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders under section 105 of that Act (50 U.S.C. 1805) approving electronic surveillance for foreign intelligence purposes. (2) Assignment.--The Attorney General shall assign personnel authorized by paragraph (1) to and among appropriate offices of the National Security Agency in order that such personnel may directly assist personnel of the Agency in preparing applications described in that paragraph. (b) Federal Bureau of Investigation.-- (1) Additional legal and other personnel.--The National Security Branch of the Federal Bureau of Investigation is hereby authorized such additional legal and other personnel as may be necessary to carry out the prompt and timely preparation of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders under section 105 of that Act (50 U.S.C. 1805) approving electronic surveillance for foreign intelligence purposes. (2) Assignment.--The Director of the Federal Bureau of Investigation shall assign personnel authorized by paragraph (1) to and among the field offices of the Federal Bureau of Investigation in order that such personnel may directly assist personnel of the Bureau in such field offices in preparing applications described in that paragraph. (c) Additional Legal and Other Personnel for National Security Agency.--The National Security Agency is hereby authorized such additional legal and other personnel as may be necessary to carry out the prompt and timely preparation of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders under section 105 of that Act (50 U.S.C. 1805) approving electronic surveillance for foreign intelligence purposes. (d) Additional Legal and Other Personnel for Foreign Intelligence Surveillance Court.--There is hereby authorized for the Foreign Intelligence Surveillance Court such additional staff personnel as may be necessary to facilitate the prompt and timely consideration by that Court of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders under section 105 of that Act (50 U.S.C. 1805) approving electronic surveillance for foreign intelligence purposes. Personnel authorized by this paragraph shall perform such duties relating to the consideration of such applications as that Court shall direct. (e) Supplement Not Supplant.--The personnel authorized by this section are in addition to any other personnel authorized by law. SEC. 206. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND NATIONAL SECURITY AGENCY PERSONNEL IN FOREIGN INTELLIGENCE SURVEILLANCE MATTERS. The Director of the Federal Bureau of Investigation and the Director of the National Security Agency shall each, in consultation with the Attorney General-- (1) develop regulations to establish procedures for conducting and seeking approval of electronic surveillance on an emergency basis, and for preparing and properly submitting and receiving applications and orders, under sections 104 and 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804 and 1805); and (2) prescribe related training for the personnel of the applicable agency. SEC. 207. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN WARTIME. Section 111 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1811) is amended by striking ``fifteen calendar days following a declaration of war by the Congress.'' and inserting ``30 calendar days following any of the following: ``(1) A declaration of war by the Congress. ``(2) An authorization for the use of military force within the meaning of section 2(c)(2) of the War Powers Resolution (50 U.S.C. 1541(c)(2)). ``(3) A national emergency created by attack upon the United States, its territories or possessions, or the Armed Forces within the meaning of section 2(c)(3) of the War Powers Resolution (50 U.S.C. 1541(c)(3)).''. TITLE III--CLARIFICATIONS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 SEC. 301. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS. (a) In General.--Notwithstanding any other provision of this Act or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), no court order shall be required for the acquisition through electronic surveillance of the contents of any communication between one person who is not located within the United States and another person who is not located within the United States for the purpose of collecting foreign intelligence information even if such communication passes through, or the surveillance device is located within, the United States. (b) Treatment of Intercepted Communications Involving Domestic Party.--If surveillance conducted as described in subsection (a) inadvertently collects a communication in which at least one party is within the United States, the contents of such communications shall be handled in accordance with the minimization procedures set forth in section 101(h)(4) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(h)(4)). (c) Definitions.--In this section, the terms ``contents'', ``electronic surveillance'', and ``foreign intelligence information'' have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). SEC. 302. INDIVIDUALIZED FISA ORDERS. Any order issued pursuant to section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) authorizing electronic surveillance shall be supported by an individualized or particularized finding of probable cause to believe the target of the electronic surveillance is a foreign power or an agent of a foreign power. TITLE IV--OTHER MATTERS SEC. 401. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act. SEC. 402. EFFECTIVE DATE. Except as provided in section 103, this Act, and the amendments made by this Act, shall take effect on the date that is 30 days after the date of the enactment of this Act. ______