S.Amdt. 3954

SA 3954. Mr. BOND submitted an amendment intended to be proposed by
him to the bill S. 2248, to amend the Foreign Intelligence Surveillance
Act of 1978, to modernize and streamline the provisions of that Act,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 3, strike line 8 and all that follows through the
end of the amendment and insert the following:
(c) Authorization Following Attack or Declaration of War.--
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) is amended by--
(1) striking section 111 and inserting the following:

``AUTHORIZATION FOLLOWING ATTACK OR DECLARATION OF WAR

``Sec. 111.  Notwithstanding any other law, the President,
through the Attorney General, may authorize electronic
surveillance without a court order to acquire foreign
intelligence information for a period of not longer than 180
days after the date of--
``(1) submission of a certification by the Attorney General
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that there is a grave threat of an imminent
attack on the United States;
``(2) an attack on the United States; or
``(3) a declaration of war by the Congress.'';
(2) striking section 309 and inserting the following:

``AUTHORIZATION FOLLOWING ATTACK OR DECLARATION OF WAR

``Sec. 309.  Notwithstanding any other law, the President,
through the Attorney General, may authorize a physical search
without a court order to acquire foreign intelligence
information for a period of not longer than 180 days after
the date of--
``(1) submission of a certification by the Attorney General
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that there is a grave threat of an imminent
attack on the United States;
``(2) an attack on the United States; or
``(3) a declaration of war by the Congress.''; and
(3) striking section 404 and inserting the following:

``AUTHORIZATION FOLLOWING ATTACK OR DECLARATION OF WAR

``Sec. 404.  Notwithstanding any other law, the President,
through the Attorney General, may authorize the use of a pen
register or trap and trace device without a court order to
acquire foreign intelligence information for a period of not
longer than 180 days after the date of--
``(1) submission of a certification by the Attorney General
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that there is a grave threat of an imminent
attack on the United States;
``(2) an attack on the United States; or
``(3) a declaration of war by the Congress.''.
(d) Conforming Amendments.--
(1) In general.--Section 2511(2) of title 18, United States
Code, is amended--
(A) in paragraph (a), by adding at the end the following:
``(iii) If a certification under subparagraph (ii)(B) for
assistance to obtain foreign intelligence information is
based on statutory authority, the certification shall
identify the specific statutory provision, and shall certify
that the requirements have been met.''; and
(B) in paragraph (f), by striking ``, as defined in section
101 of such Act,'' and inserting ``(as defined in section
101(f) of such Act regardless of the limitation of section
701 of such Act)''.
(2) Table of contents.--The table of contents in the first
section of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended by--
(A) striking the item relating to section 111 and inserting
the following:

``Sec. 111. Authorization following attack or declaration of war.
``Sec. 112. Statement of exclusive means by which electronic
surveillance and interception of certain communications
may be conducted.'';
(B) striking the item relating to section 309 and inserting
the following:

``Sec. 309. Authorization following attack or declaration of war.'';
and
(C) striking the item relating to section 404 and inserting
the following:

``Sec. 404. Authorization following attack or declaration of war.''.
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