1
As part of the application process for a Foreign Intelligence Surveillance Court order
authorizing electronic surveillance or a physical search, the Assistant to the President for
(continued...)
Order Code RS22011
Updated December 19, 2006
Intelligence Reform and Terrorism Prevention
Act of 2004: “Lone Wolf” Amendment to the
Foreign Intelligence Surveillance Act
Elizabeth B. Bazan and Brian T. Yeh
Legislative Attorneys
American Law Division
Summary
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.
The Foreign Intelligence Surveillance Act of 1978 (FISA), as amended, 50 U.S.C.
§§ 1801-1862, provides a statutory framework for the use of electronic surveillance or
physical searches to acquire foreign intelligence information.
1
It also provides a vehicle
