Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015

Edward C. Liu
Legislative Attorney

On May 26, 2011, in the face of imminent expiration, three amendments to the Foreign Intelligence Surveillance Act (FISA) were extended until June 1, 2015. The three amendments were first enacted to expand the scope of federal intelligence-gathering authorities 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 Prevention 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.


Date of Report: June 16, 2011
Number of Pages: 17
Order Number: R40138
Price: $29.95

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