Amendments to the Foreign Intelligence Surveillance Act (FISA)
Public Law Date Enacted Title of Statute Summary of Pertinent Provisions
P.L. 103-359
10/14/1994 Counterintelligence and
Security Enhancements Act
of 1994
Physical Searches under FISA.
Sec. 807(a) amends FISA to redesignate former title III as title IV and
former Section 301 as Section 401. The new title III of FISA, 50
U.S.C. § 1821 et seq., provides for physical searches for foreign
intelligence purposes. The new title:
– provides pertinent definitions (Sec. 301 of FISA).
Physical searches without a court order of property used
exclusively by certain foreign powers.
– authorizes the President, acting through the Attorney General, to
authorize physical searches for foreign intelligence purposes
without a court order for periods of up to 1 year upon Attorney
General certification that
(1) the search is directed solely at premises, information,
material, or property used exclusively by, or under the
open and exclusive control of a foreign government or any
component thereof, whether or not recognized by the
United States; a faction of a foreign nation or nations, not
substantially composed of United States persons; or an
entity that is openly acknowledged by a foreign
government or governments to be directed and controlled
by such foreign government or governments;
(2) that there is no substantial likelihood that the physical
search will involve the premises, information, material, or
property of a U.S. person; and
(3) that the proposed minimization procedures with respect
to the search meet the definition of minimization
procedures in new section 301(4) of FISA.
A copy of the certification must be provided to the FISA court
immediately. This section also requires the Attorney General to
report any minimization procedures and any changes thereto to
the House Permanent Select Committee on Intelligence and the
Senate Select Committee on Intelligence (Intelligence
Committees) 30 days in advance, unless the Attorney General
determines that immediate action is required and notifies the
committees immediately of the minimization procedures and the
