Intelligence Reform and Terrorism Prevention Act of 2004: "Lone Wolf" Amendment to the Foreign Intelligence Surveillance Act

Publication Date: December 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, amended the definition of "agent of a foreign power" in the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1801(b)(1), to add a new category of covered individuals. Under this "lone wolf" provision, a non-United States person who engages in international terrorism or activities in preparation for international terrorism is deemed to be an "agent of a foreign power" under FISA. This provision does not change the procedures to be used to apply for a court order authorizing electronic surveillance or a physical search under FISA. If an order is sought under this definition of an "agent of a foreign power," however, the applicant is not required to demonstrate a connection between the target of the electronic surveillance or the physical search and a foreign nation, foreign group, or international terrorist group. Nor does the Foreign Intelligence Surveillance Court (FISC), in approving such an order, have to find probable cause to believe that such a connection existed. Rather, if the court authorizes such a surveillance or physical search using this definition of "agent of a foreign power," the FISC judge has to find, in pertinent part, that, based upon the information provided by the applicant for the order, the target had engaged in or was engaging in international terrorism or activities in preparation therefor. By operation of the sunset provision in Section 103 of the USA PATRIOT Improvement and Reauthorization Act, P.L. 109-177, the amendment to the definition of "agent of a foreign power" in FISA will cease to have effect on December 31, 2009.