The FISA Section Under Dispute

This is the section in which the DNI and AG are asked to provide annual reviews of the procedures they use to target people overseas, so called "basket warrants." The controversy is over the word "persons." Democrats cite a section of the law — which I mentioned in my Swampland post — that defines "persons" as "groups" or "entities." In other words, al-Qaeda could be considered a "person." Republicans — including a senior legal source in the intelligence community who deals with the FISA court regularly — believe that a judge can construe that to mean a review of individuals who have been targeted. This is the sort of dispute that is usually decided by a judge.
— Joe Klein

SEC. 3. ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED STATES WHO MAY BE COMMUNICATING WITH PERSONS INSIDE THE UNITED STATES. Section 105B of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended to read as follows:

ADDITIONAL AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED STATES WHO MAY BE COMMUNICATING WITH PERSONS INSIDE THE UNITED STATES

SEC. 105B. (a) IN GENERAL. Notwithstanding any other provision of this Act, the Director of National Intelligence and the Attorney General may jointly apply to a judge of the court established under section 103(a) for an ex parte order, or the extension of an order, authorizing for a period of up to one year the acquisition of communications of *persons* that are reasonably believed to be located outside the United States and not United States persons for the purpose of collecting foreign intelligence information (as defined in paragraph (1) or (2)(A) of section 101(e)) by targeting those persons.