Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2011

Anna C. Henning
Legislative Attorney

Edward C. Liu
Legislative Attorney

Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on February 28, 2011. The three sunsetting amendments expanded the scope of federal intelligence-gathering authority following the 9/11 terrorist attacks. 

Two amendments were enacted as part of the USA PATRIOT Act. Section 206 of the USA PATRIOT Act amended FISA to permit multipoint, or "roving," wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 enlarged the scope of materials that could be sought under FISA to include "any tangible thing." It also lowered the standard required before a court order may be issued to compel their production. 

The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Protection Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the "lone wolf" provision, it permits surveillance of non-U.S. persons engaged in international terrorism without requiring evidence linking those persons to an identifiable foreign power or terrorist organization. 

Although these provisions are set to sunset, grandfather clauses permit them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date. 

The 111th Congress twice enacted temporary extensions to the expiration date for the three amendments. Several bills introduced prior to the temporary extensions would amend the expiring provisions and related authorities. Two such bills—the USA PATRIOT Act Sunset Extension Act of 2009 (S. 1692) and the USA PATRIOT Amendments Act of 2009 (H.R. 3845)— were reported favorably by the House and Senate Judiciary Committees. These and other proposals are likely to inform the legislative debate regarding a longer-term extension of the expiring authorities. .


Date of Report: March 2, 2010
Number of Pages: 18
Order Number: R40138
Price: $29.95

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