	FISA Provisions which are Part of Intelligence Reform or Reorganization Proposals

While not all of the intelligence reform or reorganization proposals introduced in the 108thCongress addressed FISA, a number had FISA provisions, including:
P.L. 108-458 ( S. 2845 ) . Intelligence Reform and Terrorism Prevention Act of 2004,enacted into law December 17, 2004. The President signed the measure into law on December 17, 2004, P.L. 108-458 , entitled theIntelligence Reform and Terrorism Prevention Act of 2004. Â§ 402 et seq. Section 1071(e) of P.L. Section 6001 of P.L. 108-458 amended Sec. 224 of the USA PATRIOT Act, P.L.107-56 ,including the exception provided in subsection (b) of Sec. Â§ 1801(b)(1)(C)]; (3) the number oftimes that the Attorney General has authorized that information obtained under this act may be usedin a criminal proceeding or any information derived therefrom may be used in a criminal proceeding;(4) a summary of significant legal interpretations of this act involving matters before the ForeignIntelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, includinginterpretations presented in applications or pleadings filed with the Foreign Intelligence SurveillanceCourt or the Foreign Intelligence Court of Review by the Department of Justice; and (5) copies ofall decisions (not including orders) or opinions of the Foreign Intelligence Surveillance Court orForeign Intelligence Surveillance Court of Review that include significant construction orinterpretation of the provisions of this act." H.R. 10 . 9/11 Recommendations Implementation Act. For further action, see discussion of P.L.108-458 ( S. 2845 ). 2001 as introduced with a new Sec. H.R. 4104 . H.R. 5040 . 9/11 Commission Report Implementation Act of 2004. 5150 . S. 6 . S. 190 . S. 1520 . 9-11 Memorial Intelligence Reform Act. Section 8(a)(1) of the bill would have directedthe Attorney General, in consultation with the Director of the FBI, to "provide detailed training toappropriate personnel of the FBI, and to appropriate personnel of other elements of the intelligencecommunity, on the availability and utilization of the authorities provided by [FISA] to addressterrorist threats to the United States." S. 2811 . S. 2840 . Senator Pat Roberts' Draft Bill , dated August 23, 2004. 9-11 National Security Protection Act. Other FISA-Related Bills in the 108th Congress

The FISA-related measures in the 108th Congress which did not involve intelligence reformor reorganization appear to have been more varied in their focus and approach. These included thefollowing bills:
H.R. 1157 . H.R. 2242 . H.R. 2429 . In addition, it would have established certain public reporting requirements withrespect to electronic surveillance, physical searches, pen registers, and business records productionunder FISA. H.R. 2800 . Note that H.R. H.R. 3179 . Â§ 1801(b)(1) to include in the definition of an "agent of a foreign power" anyperson other than a U.S. person who "engages in international terrorism or activities in preparationtherefor." H.R. 3352 . H.R. 3552 . 2 addedadditional reporting requirements: the Attorney General would have been required to report annuallyin April to the House Judiciary Committee, House Permanent Select Committee on Intelligence,Senate Judiciary Committee and Senate Select Committee on Intelligence on (1) the aggregatenumber of non-U.S. persons targeted for FISA orders during the previous year, broken down byelectronic surveillance, physical searches, pen registers, or access to records under 50 U.S.C. H.R. 4591 . In the context of electronic surveillance orphysical searches under FISA, Sec. H.Amdt. 652 to H.R. S. 123 . Related bill, S. 113 . S. 410 . S. 436 . S. 578 . Tribal Government Amendments to the Homeland Security Act of 2002. 108-312. S. 1158 . S. 1507 . S. 1552 . S. 1709 . S. 2528 . S.Amdt. 536 to S. 113 .
The Foreign Intelligence Surveillance Act, 50 U.S.C. Â§ 1801 et seq. , (FISA) as passed in1978, provided a statutory framework for the use of electronic surveillance in the context of foreignintelligence gathering. In so doing, Congress sought to strike a delicate balance between nationalsecurity interests and personal privacy rights. Subsequent legislation expanded federal laws dealingwith foreign intelligence gathering to address physical searches, pen registers and trap and tracedevices, and access to certain business records. The Uniting and Strengthening America byProviding Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Actof 2001, P.L. 107-56 , made significant changes to some of these provisions. Further amendmentsto FISA were included in the Intelligence Authorization Act for Fiscal Year 2002, P.L. 107-108 , andthe Homeland Security Act of 2002, P.L. 107-296 . In addressing international terrorism orespionage, the same factual situation may be the focus of both criminal investigations and foreignintelligence collection efforts. The changes in FISA under these public laws facilitate informationsharing between law enforcement and intelligence elements. In The 9/11 Commission Report, FinalReport of the National Commission on Terrorist Attacks upon the United States (W. W. Norton2004) ( Final Report ), the 9/11 Commission noted that the removal of the pre-9/11 "wall" betweenintelligence and law enforcement "has opened up new opportunities for cooperative action withinthe FBI."
In the 108th Congress, a number of intelligence reform bills were introduced, including somewhich pre-dated the release of the Final Report of the 9/11 Commission, while others emerged afterits release. On December 17, 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458 ( S. 2845 ), was signed into law. It included several provisions related toFISA. In addition to P.L. 108-458 , a variety of other bills were introduced with FISA-relatedprovisions. The FISA provisions of some of these measures were part of larger intelligence reform proposals. Still others were more narrowly focused measures that would also have impacted FISAinvestigations in the post-9/11 environment. This report briefly discusses the FISA-related aspectsof these proposals. For purposes of this report, the bills addressed are divided generally into twocategories: intelligence reform or reorganization proposals that have FISA provisions, including P.L.108-458 ( S. 2845 ), H.R. 10 , H.R. 4104 , H.R. 5040 , H.R. 5150 , S. 6 , S. 190 , S. 1520 , S. 2811 , S. 2840 , and Senator Pat Roberts' draft bill; and otherFISA-related bills, including H.R. 1157 , H.R. 2242 , H.R. 2429 , H.R. 2800 , H.R. 3179 , H.R. 3352 , H.R. 3552 , H.R. 4591 , H.Amdt. 652 to H.R. 4574 , S. 113 , S. 123 , S. 410 , S. 436 , S. 578 , S. 1158 , S. 1507 , S. 1552 , S. 1709 , S. 2528 , and S.Amdt. 536 to S. 113 . For a more detaileddiscussion of FISA, see CRS Report RL30465 , The Foreign Intelligence Surveillance Act: AnOverview of the Statutory Framework and Recent Judicial Decisions , while a discussion of theamendment in P.L. 108-458 to the FISA definition of "agent of a foreign power may be found in CRS Report RS22011 , Intelligence Reform and Terrorism Prevention Act of 2004: "Lone Wolf"Amendment to the Foreign Intelligence Surveillance Act .