S. 3001Senate109th Congress (2005-2007)In Committee

Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006

Introduced May 24, 2006

Legislative Activity

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5 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 610.

September 13, 2006

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SenateIntro Referral

Introduced in Senate

May 24, 2006

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

May 24, 2006

SenateCommittee

Committee on the Judiciary. Committee consideration and Mark Up Session held.

September 7, 2006

SenateCommittee

Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

September 13, 2006

SenateCommittee

Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.

September 13, 2006

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 610.

September 13, 2006

Floor Debate

21 members

What members said about S. 3001 on the floor

11 Republicans10 Democrats
Jack Reed
Sen. Jack ReedD-RI · Sep 12, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise today to discuss Senator Harry Reid's amendment, the Real Security Act. This is a…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Sep 12, 2006

If the Senator will yield, I ask to add my name as a member of the committee. Mr. President, I commend my chairman and the ranking member of the Banking Committee for all their hard work. This has…

Jim DeMint
Sen. Jim DeMintR-SC · Jul 27, 2006

Mr. President, I ask unanimous consent that the Subcommittee on Forestry, Conservation, and Rural Revitalization of the Committee on Agriculture, Nutrition and Forestry be authorized to conduct a…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Sep 12, 2006

I ask unanimous consent the order for the quorum call be rescinded. Mr. President, before I make my statement, which will be on the Reid amendment, I would like to congratulate Senator Collins,…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Sep 12, 2006

Mr. President, I send an amendment to the desk, and I ask unanimous consent that the pending amendment be laid aside. Mr. President, I ask unanimous consent that reading of the amendment be dispensed…

Show 8 more
Byron L. Dorgan
Sen. Byron L. DorganD-ND · Sep 12, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with. Mr. President, I previously offered an amendment to the pending bill. My understanding is it will likely…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Sep 12, 2006

Mr. President, I send an amendment to the desk, amendment No. 4931, and ask for its immediate consideration. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed…

John Warner
Sen. John WarnerR-VA · Jun 22, 2006

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 22, 2006, at 3:30 p.m., to conduct a…

Robert C. Byrd
Sen. Robert C. ByrdD-WV · Sep 12, 2006

Mr. President, the Senate is now considering a long overdue--a long overdue--authorization bill to address the security of our ports--yes, our ports. I applaud the efforts of Senators Lieberman,…

Ted Stevens
Sen. Ted StevensR-AK · Sep 12, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I understand the Lautenberg amendment is the pending amendment. Mr. President, this would lift…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Sep 12, 2006

Mr. President, while we are awaiting representation on the other side of the aisle in order to get the yeas and the nays, let me respond to the Senator from Texas about her amendment. First, let me…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jun 8, 2006

Mr. President, I ask unanimous consent that the Committee to meet on Armed Services be authorized to meet during the session of the Senate on Thursday, June 8, 2006, at 9:30 a.m., in closed session,…

Ken Salazar
Sen. Ken SalazarD-CO · Sep 12, 2006

Mr. President, I ask unanimous consent that the pending amendment be set aside so I can call up amendment No. 4935. Mr. President, I ask unanimous consent that reading of the amendment be dispensed…

Show 11 more
Judd Gregg
Sen. Judd GreggR-NH · Jul 13, 2006

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on July 13, 2006, at 10 a.m. in open session to receive testimony on…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 24, 2006

Mr. President, I am very pleased to join my distinguished colleagues, the Senator from Connecticut, Mr. Lieberman, the senior Senator from Maine, Ms. Snowe, and Senator Chafee in introducing this…

John McCain
Sen. John McCainR-AZ · Jun 29, 2006

Mr. President, I ask unanimous consent that the committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 29, 2006, immediately following the…

Patty Murray
Sen. Patty MurrayD-WA · Sep 12, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to set aside the pending amendment and call up the Murray amendment No.…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jul 20, 2006

Mr. President, I ask unanimous consent that the committee on agriculture, nutrition and forestry be authorized to conduct a hearing during the session of the Senate on Thursday, July 20, 2006 at 10…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Sep 12, 2006

I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 4956 Mr. President, I rise in very strong support of the amendment offered by the able chairman of…

Mike DeWine
Sen. Mike DeWineR-OH · May 24, 2006

Today I join with my colleagues Senator Rockefeller and Senator Domenici to introduce the Safe and Timely Interstate Placement of Foster Children Act of 2006. I am proud to have had the opportunity…

Pat Roberts
Sen. Pat RobertsR-KS · May 24, 2006

Mr. President, I rise today to offer legislation that helps to prevent children from living in poverty and ensures that noncustodial parents pay child support, instead of fleeing off to hide from…

Richard C. Shelby
Sen. Richard C. ShelbyR-AL · Sep 12, 2006

Mr. President, I move to reconsider the vote. I send an amendment to the desk and ask for its immediate consideration. I ask unanimous consent that the reading of the amendment be dispensed with. Mr.…

Ted Stevens
Sen. Ted StevensR-AK · May 24, 2006

Mr. President, I rise today to introduce legislation which will resolve an ongoing dispute in our State concerning rights of way in the Copper River Valley region. In 1906, Congress passed the Alaska…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 24, 2006

Today, I rise to join my colleagues Senators DeWine and Domenici to introduce the Safe and Timely Interstate Placement of Foster Children Act of 2006. This is a bipartisan initiative that I have been…

Bill Text

2 versions available

Reading Mode
Latest
Reported to SenateIssued September 13, 2006
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3001 Reported in Senate (RS)]

Calendar No. 610
109th CONGRESS
2d Session
S. 3001

To ensure that all electronic surveillance of United States persons for
foreign intelligence purposes is conducted pursuant to individualized
court-issued orders, to streamline the procedures of the Foreign
Intelligence Surveillance Act of 1978, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 24, 2006

Mr. Specter (for himself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary

September 13, 2006

Reported by Mr. Specter, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To ensure that all electronic surveillance of United States persons for
foreign intelligence purposes is conducted pursuant to individualized
court-issued orders, to streamline the procedures of the Foreign
Intelligence Surveillance Act of 1978, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Foreign Intelligence
Surveillance Improvement and Enhancement Act of 2006''.</DELETED>

<DELETED>TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE
AUTHORITY</DELETED>

<DELETED>SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF TITLE
18, UNITED STATES CODE, AND FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978 AS EXCLUSIVE MEANS BY WHICH
DOMESTIC ELECTRONIC SURVEILLANCE MAY BE
CONDUCTED.</DELETED>

<DELETED>    (a) Exclusive Means.--Notwithstanding any other provision
of law, chapters 119, 121, and 206 of title 18, United States Code, and
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) shall be the exclusive means by which electronic surveillance may
be conducted on a United States person in the United States.</DELETED>
<DELETED>    (b) Amendment to Foreign Intelligence Surveillance Act of
1978.--Section 109(a) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1809(a)) is amended by striking ``authorized by
statute'' each place it appears and inserting ``authorized by this
title or chapter 119, 121 or 206 of title 18, United States
Code''.</DELETED>
<DELETED>    (c) Amendment to Title 18, United States Code.--Section
2511(2)(a)(ii)(B) of title 18, United States Code, is amended by
striking ``statutory requirements'' and inserting ``requirements under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), this chapter, or chapters 121 or 206 of this title''.</DELETED>

<DELETED>SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL OR
MODIFICATION OF TITLE I OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.</DELETED>

<DELETED>    (a) In General.--Title I of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by
inserting after section 109 the following new section:</DELETED>

<DELETED>``specific authorization required for any repeal or
modification of title</DELETED>

<DELETED>    ``Sec. 109A. No provision of law shall be construed to
implicitly repeal or modify this title or any provision thereof, nor
shall any provision of law be deemed to repeal or modify this title in
any manner unless such provision of law, if enacted after the date of
the enactment of the Foreign Intelligence Surveillance Improvement and
Enhancement Act of 2006, expressly amends or otherwise specifically
cites this title.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for that
Act is amended by inserting after the item relating to section 109 the
following new item:</DELETED>

<DELETED>``Sec. 109A. Specific authorization required for any repeal or
modification of title.''.

<DELETED>SEC. 103. PROHIBITION ON USE OF FUNDS FOR ELECTRONIC
SURVEILLANCE NOT AUTHORIZED BY LAW.</DELETED>

<DELETED>    Commencing on the effective date of this Act, no funds
appropriated or otherwise made available by any Act may be obligated or
expended to conduct electronic surveillance (as defined in section
101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(f)), except in accordance with the provisions of law as
follows:</DELETED>
<DELETED>    (1) Title I of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).</DELETED>
<DELETED>    (2) Title IV of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841 et seq).</DELETED>
<DELETED>    (3) Chapter 119 of title 18, United States
Code.</DELETED>
<DELETED>    (4) Chapter 121 of title 18, United States
Code.</DELETED>
<DELETED>    (5) Chapter 206 of title 18, United States
Code.</DELETED>

<DELETED>SEC. 104. INFORMATION FOR CONGRESS ON THE TERRORIST
SURVEILLANCE PROGRAM AND SIMILAR PROGRAMS.</DELETED>

<DELETED>    As soon as practicable after the date of the enactment of
this Act, but not later than seven days after such date, the President
shall brief and inform each member of the congressional intelligence
committees on the following:</DELETED>
<DELETED>    (1) The Terrorist Surveillance Program of the
National Security Agency.</DELETED>
<DELETED>    (2) Any program which involves, whether in part or
in whole, the electronic surveillance of United States persons
in the United States for foreign intelligence purposes, and
which is conducted by any department, agency, or other element
of the United States Government, or by any entity at the
direction of a department, agency, or other element of the
United States Government, without fully complying with the
procedures set forth in the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) or chapter 119, 121, or
206 of title 18, United States Code.</DELETED>

<DELETED>TITLE II--APPLICATIONS AND PROCEDURES FOR ELECTRONIC
SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES</DELETED>

<DELETED>SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR
EMERGENCY ELECTRONIC SURVEILLANCE.</DELETED>

<DELETED>    Section 105(f) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1805(f)) is amended by striking ``72 hours''
both places it appears and inserting ``168 hours''.</DELETED>

<DELETED>SEC. 202. DELEGATION OF AUTHORITY TO APPROVE APPLICATIONS FOR
ELECTRONIC SURVEILLANCE.</DELETED>

<DELETED>    (a) In General.--Section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) is amended--</DELETED>
<DELETED>    (1) in subsection (a), by striking ``Attorney
General based upon his finding'' and inserting ``Attorney
General (or a delegee of the Attorney General under subsection
(f)) based upon a finding''; and</DELETED>
<DELETED>    (2) by adding at the end the following new
subsection:</DELETED>
<DELETED>    ``(f) The Attorney General may delegate the authority to
approve an application under this section for an order approving
electronic surveillance under this title to each of the
following:</DELETED>
<DELETED>    ``(1) The Deputy Attorney General.</DELETED>
<DELETED>    ``(2) The Assistant Attorney General for National
Security.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 102(b) of such Act (50
U.S.C. 1802(b)) is amended by inserting ``(or delegee of the Attorney
General under section 104(f))'' after ``Attorney General''.</DELETED>

<DELETED>SEC. 203. ADDITIONAL AUTHORITY FOR EMERGENCY ELECTRONIC
SURVEILLANCE.</DELETED>

<DELETED>    Section 105 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805) is amended--</DELETED>
<DELETED>    (1) by redesignating subsections (g), (h), (i),
and (j) as subsections (h), (i), (j), and (k), respectively;
and</DELETED>
<DELETED>    (2) by inserting after subsection (f) the
following new subsection (g):</DELETED>
<DELETED>    ``(g)(1)(A) Notwithstanding any other provision of this
title and subject to the provisions of this subsection, the Attorney
General may, with the concurrence of the Director of National
Intelligence, appoint appropriate supervisory or executive personnel
within the Federal Bureau of Investigation and the National Security
Agency to authorize electronic surveillance on a United States person
in the United States on an emergency basis pursuant to the provisions
of this subsection.</DELETED>
<DELETED>    ``(B) For purposes of this subsection, an intelligence
agent or employee acting under the supervision of a supervisor or
executive appointed under subparagraph (A) may conduct emergency
electronic surveillance under this subsection if such supervisor or
executive reasonably determines that--</DELETED>
<DELETED>    ``(i) an emergency situation exists with respect
to the employment of electronic surveillance to obtain foreign
intelligence information before an order authorizing such
surveillance can with due diligence be obtained; and</DELETED>
<DELETED>    ``(ii) the factual basis exists for the issuance
of an order approving such surveillance under this
title.</DELETED>
<DELETED>    ``(2) The supervisors and executives appointed by the
Attorney General under paragraph (1) may only be officials as
follows:</DELETED>
<DELETED>    ``(A) In the case of the Federal Bureau of
Investigation, officials at or above the level of Special Agent
in Charge.</DELETED>
<DELETED>    ``(B) In the case of the National Security Agency,
officials at or above the level of head of branch of the
National Security Agency.</DELETED>
<DELETED>    ``(3) A supervisor or executive responsible for the
emergency employment of electronic surveillance under this subsection
shall submit to the Attorney General (and, if authorized by the
Attorney General, to the Deputy Attorney General and the Assistant
Attorney General for National Security) a request for approval of the
surveillance within 24 hours of the commencement of the surveillance.
The request shall set forth the ground for the belief specified in
paragraph (1), together with such other information as the Attorney
General shall require.</DELETED>
<DELETED>    ``(4)(A) The review of a request under paragraph (3) shall
be completed by the official concerned under that paragraph as soon as
practicable, but not more than 72 hours after the commencement of the
electronic surveillance concerned under paragraph (1).</DELETED>
<DELETED>    ``(B)(i) If the official concerned determines that the
electronic surveillance does not meet the requirements of paragraph
(1), the surveillance shall terminate immediately and may not be
recommenced by any supervisor or executive appointed under paragraph
(1), or any agent or employee acting under the supervision of such
supervisor or executive, absent additional facts or changes in
circumstances that lead a supervisor or executive appointed under
paragraph (1) to reasonably believe that the requirements of paragraph
(1) are satisfied.</DELETED>
<DELETED>    ``(ii) In the event of a determination under clause (i),
the Attorney General shall not be required, under section 106(j), to
notify any United States person of the fact that the electronic
surveillance covered by such determination was conducted before the
termination of the surveillance under that clause. However, the
official making such determination shall notify the court established
by section 103(a) of such determination, and shall also provide notice
of such determination in the first report that is submitted under
section 108(a) after such determination is made.</DELETED>
<DELETED>    ``(C) If the official concerned determines that the
surveillance meets the requirements of subsection (f), the surveillance
may continue, subject to the requirements of paragraph (5).</DELETED>
<DELETED>    ``(5)(A) An application in accordance with this title
shall be made to a judge having jurisdiction under section 103 as soon
as practicable but not more than 168 hours after the commencement of
electronic surveillance under paragraph (1).</DELETED>
<DELETED>    ``(B) In the absence of a judicial order approving
electronic surveillance commenced under paragraph (1), the surveillance
shall terminate at the earlier of--</DELETED>
<DELETED>    ``(i) when the information sought is obtained;
or</DELETED>
<DELETED>    ``(ii) when the application under subparagraph (A)
for an order approving the surveillance is denied; or</DELETED>
<DELETED>    ``(iii) 168 hours after the commencement of the
surveillance.</DELETED>
<DELETED>    ``(C) If an application under subparagraph (A) for an
order approving electronic surveillance commenced under paragraph (1)
is denied, or in any other case in which the surveillance is terminated
and no order approving the surveillance is issued by a court, the use
of information obtained or evidence derived from the surveillance shall
be governed by the provisions of subsection (f).</DELETED>
<DELETED>    ``(D) The denial of an application submitted under
subparagraph (A) may be reviewed as provided in section 103.</DELETED>
<DELETED>    ``(6) Any person who engages in the emergency employment
of electronic surveillance under paragraph (1) shall follow the
minimization procedures otherwise required by this title for the
issuance of a judicial order approving the conduct of electronic
surveillance.</DELETED>
<DELETED>    ``(7) Not later than 30 days after appointing supervisors
and executives under paragraph (1) to authorize the exercise of
authority in that paragraph, the Attorney General, in consultation with
the Director of National Intelligence, shall submit to the Foreign
Intelligence Surveillance Court and the congressional intelligence
committees, and bring up to date as required, a report that--</DELETED>
<DELETED>    ``(A) identifies the number of supervisors and
executives who have been so appointed and the positions held by
such supervisors and executives; and</DELETED>
<DELETED>    ``(B) sets forth guidelines or other directives
that describe the responsibilities of such supervisors and
executives under this subsection.''.</DELETED>

<DELETED>SEC. 204. FOREIGN INTELLIGENCE SURVEILLANCE COURT
MATTERS.</DELETED>

<DELETED>    (a) Authority for Additional Judges.--Section 103(a) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))
is amended--</DELETED>
<DELETED>    (1) by inserting ``(1)'' after ``(a)'';</DELETED>
<DELETED>    (2) by designating the second sentence as
paragraph (4) and indenting such paragraph, as so designated,
two ems from the left margin; and</DELETED>
<DELETED>    (3) by inserting after paragraph (1), as so
designated, the following new paragraph:</DELETED>
<DELETED>    ``(2) In addition to the judges designated under paragraph
(1), the Chief Justice of the United States may designate as judges of
the court established by paragraph (1) such judges appointed under
Article III of the Constitution of the United States as the Chief
Justice determines appropriate in order to provide for the prompt and
timely consideration under section 105 of applications under section
104 for electronic surveillance under this title. Any judge designated
under this paragraph shall be designated publicly.''.</DELETED>
<DELETED>    (b) Consideration of Emergency Applications.--Such section
is further amended by inserting after paragraph (2), as added by
subsection (a)(3) of this section, the following new
paragraph:</DELETED>
<DELETED>    ``(3) A judge of the court shall make a determination to
approve, deny, or seek modification of an application submitted
pursuant to section subsection (f) or (g) of section 105 not later than
24 hours after the receipt of such application by the
court.''.</DELETED>

<DELETED>SEC. 205. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR
ORDERS APPROVING ELECTRONIC SURVEILLANCE.</DELETED>

<DELETED>    (a) System Required.--The Attorney General shall, in
consultation with the Director of the Federal Bureau of Investigation,
the Director of the National Security Agency, and the Foreign
Intelligence Surveillance Court, develop and implement a secure,
classified document management system that permits the prompt
preparation, modification, and review by appropriate personnel of the
Department of Justice, the Federal Bureau of Investigation, the
National Security Agency, and other applicable elements of the United
States Government of applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) before their
submittal to the Foreign Intelligence Surveillance Court.</DELETED>
<DELETED>    (b) Scope of System.--The document management system
required by subsection (a) shall--</DELETED>
<DELETED>    (1) permit and facilitate the prompt submittal of
applications to the Foreign Intelligence Surveillance Court
under section 104 or 105(g)(5) of the Foreign Intelligence
Surveillance Act of 1978; and</DELETED>
<DELETED>    (2) permit and facilitate the prompt transmittal
of rulings of the Foreign Intelligence Surveillance Court to
personnel submitting applications described in paragraph
(1).</DELETED>

<DELETED>SEC. 206. ADDITIONAL PERSONNEL FOR PREPARATION AND
CONSIDERATION OF APPLICATIONS FOR ORDERS APPROVING
ELECTRONIC SURVEILLANCE.</DELETED>

<DELETED>    (a) Office of Intelligence Policy and Review.--</DELETED>
<DELETED>    (1) Additional personnel.--The Office of
Intelligence Policy and Review of the Department of Justice is
hereby authorized such additional personnel, including not
fewer than 21 full-time attorneys, as may be necessary to carry
out the prompt and timely preparation, modification, and review
of applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) for orders under
section 105 of that Act (50 U.S.C. 1805) approving electronic
surveillance for foreign intelligence purposes.</DELETED>
<DELETED>    (2) Assignment.--The Attorney General shall assign
personnel authorized by paragraph (1) to and among appropriate
offices of the National Security Agency in order that such
personnel may directly assist personnel of the Agency in
preparing applications described in that paragraph.</DELETED>
<DELETED>    (b) Federal Bureau of Investigation.--</DELETED>
<DELETED>    (1) Additional legal and other personnel.--The
National Security Branch of the Federal Bureau of Investigation
is hereby authorized such additional legal and other personnel
as may be necessary to carry out the prompt and timely
preparation of applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 for orders under section
105 of that Act approving electronic surveillance for foreign
intelligence purposes.</DELETED>
<DELETED>    (2) Assignment.--The Director of the Federal
Bureau of Investigation shall assign personnel authorized by
paragraph (1) to and among the field offices of the Federal
Bureau of Investigation in order that such personnel may
directly assist personnel of the Bureau in such field offices
in preparing applications described in that
paragraph.</DELETED>
<DELETED>    (c) Additional Legal and Other Personnel for National
Security Agency.--The National Security Agency is hereby authorized
such additional legal and other personnel as may be necessary to carry
out the prompt and timely preparation of applications under section 104
of the Foreign Intelligence Surveillance Act of 1978 for orders under
section 105 of that Act approving electronic surveillance for foreign
intelligence purposes.</DELETED>
<DELETED>    (d) Additional Legal and Other Personnel for Foreign
Intelligence Surveillance Court.--There is hereby authorized for the
Foreign Intelligence Surveillance Court such additional staff personnel
as may be necessary to facilitate the prompt and timely consideration
by that Court of applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 for orders under section 105 of
that Act approving electronic surveillance for foreign intelligence
purposes. Personnel authorized by this paragraph shall perform such
duties relating to the consideration of such applications as that Court
shall direct.</DELETED>
<DELETED>    (e) Supplement Not Supplant.--The personnel authorized by
this section are in addition to any other personnel authorized by
law.</DELETED>

<DELETED>SEC. 207. REPORT ON PROCEDURES FOR APPLICATIONS FOR ORDERS
APPROVING ELECTRONIC SURVEILLANCE.</DELETED>

<DELETED>    (a) Review.--The Attorney General shall, in consultation
with the Foreign Intelligence Surveillance Court and the Foreign
Intelligence Surveillance Court of Review, review the procedures
applicable to the submittal under section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) of applications
for orders under section 105 of that Act (50 U.S.C. 1805) approving
electronic surveillance for foreign intelligence purposes.</DELETED>
<DELETED>    (b) Elements.--The review required by subsection (a) shall
address the following:</DELETED>
<DELETED>    (1) The procedures described in subsection
(a).</DELETED>
<DELETED>    (2) The requirements, if any, under such
procedures that impose recurring, undue impediments on the
submittal to the Foreign Intelligence Surveillance Court of
applications described in subsection (a), including
requirements for the submittal of information that is
unnecessary for that Court in its consideration of such
applications.</DELETED>
<DELETED>    (3) A determination of recommendations for
legislative or administrative action in light of the matters
addressed under paragraphs (1) and (2).</DELETED>
<DELETED>    (4) The average length of time, over the previous
calendar year, between--</DELETED>
<DELETED>    (A) the submittal of a request or
recommendation by a Federal officer to the Department
of Justice for an application under section 104 of the
Foreign Intelligence Surveillance Act of 1978 for an
order under section 105 of that Act; and</DELETED>
<DELETED>    (B) the decision of the Department of
Justice on such request or recommendation.</DELETED>
<DELETED>    (5) The requirements imposed by the Department of
Justice in determining whether to submit an application under
section 104 of the Foreign Intelligence Surveillance Act of
1978 for an order under section 105 of that Act.</DELETED>
<DELETED>    (c) Modification of Procedures.--</DELETED>
<DELETED>    (1) In general.--If the Attorney General
determines as a result of the review required by subsection (a)
that the procedures described in that subsection should be
modified, including modification to address requirements
described by subsection (b)(2), the Attorney General shall
prescribe in regulations such modifications as the Attorney
General considers appropriate. Such modification shall be
consistent with the provisions of title I of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).</DELETED>
<DELETED>    (2) Scope.--Any procedures prescribed under
paragraph (1) shall, to the extent practicable, apply uniformly
among all elements of the Department of Justice, and among any
other element of the United States Government, concerned with
the submittal of applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 for orders under section
105 of that Act approving electronic surveillance for foreign
intelligence purposes.</DELETED>
<DELETED>    (d) Report.--Not later than 90 days after the effective
date of this Act, the Attorney General shall submit to the Committee on
the Judiciary and the Select Committee on Intelligence of the Senate
and the Committee the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report setting forth the
procedures applicable to applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 for orders under section 105 of
that Act approving electronic surveillance for foreign intelligence
purposes, including any modification to such procedures prescribed
under subsection (c).</DELETED>

<DELETED>SEC. 208. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND
NATIONAL SECURITY AGENCY PERSONNEL IN FOREIGN
INTELLIGENCE SURVEILLANCE MATTERS.</DELETED>

<DELETED>    The Director of the Federal Bureau of Investigation and
the Director of the National Security Agency shall each, in
consultation with the Attorney General--</DELETED>
<DELETED>    (1) develop regulations to establish procedures
for conducting and seeking approval of electronic surveillance
on an emergency basis, and for preparing and properly
submitting and receiving applications and orders, under
sections 104 and 105 of the Foreign Intelligence Surveillance
Act of 1978; and</DELETED>
<DELETED>    (2) prescribe related training for the personnel
of the applicable agency.</DELETED>

<DELETED>SEC. 209. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN
WARTIME.</DELETED>

<DELETED>    Section 111 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1811) is amended by striking ``following a
declaration of war by the Congress'' and inserting ``following any of
the following:</DELETED>
<DELETED>    ``(1) A declaration of war by the
Congress.</DELETED>
<DELETED>    ``(2) An authorization for the use of military
force within the meaning of section 2(c)(2) of the War Powers
Resolution (50 U.S.C. 1541(c)(2)).</DELETED>
<DELETED>    ``(3) A national emergency created by attack upon
the United States, its territories or possessions, or the Armed
Forces within the meaning of section 2(c)(3) of the War Powers
Resolution (50 U.S.C. 1541(c)(3)).''.</DELETED>

<DELETED>TITLE III--OTHER MATTERS</DELETED>

<DELETED>SEC. 301. DEFINITIONS.</DELETED>

<DELETED>  In this Act:</DELETED>
<DELETED>    (1) The term ``congressional intelligence
committees'' means--</DELETED>
<DELETED>    (A) the Select Committee on Intelligence
of the Senate; and</DELETED>
<DELETED>    (B) the Permanent Select Committee on
Intelligence of the House of Representatives.</DELETED>
<DELETED>    (2) The term ``Foreign Intelligence Surveillance
Court'' means the court established by section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)).</DELETED>
<DELETED>    (3) The term ``Foreign Intelligence Surveillance
Court of Review'' means the court established by section 103(b)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(b).</DELETED>
<DELETED>    (4) The term ``United States person'' has the
meaning given such term in section 101(i) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(i)).</DELETED>

<DELETED>SEC. 302. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this
Act.</DELETED>

<DELETED>SEC. 303. EFFECTIVE DATE.</DELETED>

<DELETED>    (a) In General.--Except as provided in subsection (b),
this Act, and the amendments made by this Act, shall take effect on the
date that is 30 days after the date of the enactment of this
Act.</DELETED>
<DELETED>    (b) Information on Terrorist Surveillance Program.--
Section 104 shall take effect on the date of the enactment of this
Act.</DELETED>

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Foreign Intelligence Surveillance
Improvement and Enhancement Act of 2006''.

TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY

SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF TITLE 18, UNITED
STATES CODE, AND FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978 AS EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC
SURVEILLANCE MAY BE CONDUCTED.

(a) Exclusive Means.--Notwithstanding any other provision of law,
chapters 119, 121, and 206 of title 18, United States Code, and the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
shall be the exclusive means by which electronic surveillance (as that
term is defined in section 101(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(f)) may be conducted.
(b) Amendment to Foreign Intelligence Surveillance Act of 1978.--
Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1809(a)) is amended by striking ``authorized by statute'' each
place it appears and inserting ``authorized by this title or chapter
119, 121 or 206 of title 18, United States Code''.
(c) Amendment to Title 18, United States Code.--Section
2511(2)(a)(ii)(B) of title 18, United States Code, is amended by
striking ``statutory requirements'' and inserting ``requirements under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), this chapter, or chapters 121 or 206 of this title''.

SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL OR
MODIFICATION OF TITLE I OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.

(a) In General.--Title I of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after
section 109 the following new section:

``specific authorization required for any repeal or modification of
title

``Sec. 109A. No provision of law shall be construed to implicitly
repeal or modify this title or any provision thereof, nor shall any
provision of law be deemed to repeal or modify this title in any manner
unless such provision of law, if enacted after the date of the
enactment of the Foreign Intelligence Surveillance Improvement and
Enhancement Act of 2006, expressly amends or otherwise specifically
cites this title.''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 109 the
following new item:

``Sec. 109A. Specific authorization required for any repeal or
modification of title.''.

SEC. 103. INFORMATION FOR CONGRESS ON THE TERRORIST SURVEILLANCE
PROGRAM AND SIMILAR PROGRAMS.

As soon as practicable after the date of the enactment of this Act,
but not later than seven days after such date, the President shall
brief and inform each member of the congressional intelligence
committees on the following:
(1) The Terrorist Surveillance Program of the National
Security Agency.
(2) Any program which involves, whether in part or in
whole, the electronic surveillance of United States persons in
the United States for foreign intelligence purposes, and which
is conducted by any department, agency, or other element of the
United States Government, or by any entity at the direction of
a department, agency, or other element of the United States
Government, without fully complying with the procedures set
forth in the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) or chapter 119, 121, or 206 of title 18,
United States Code.

TITLE II--APPLICATIONS AND PROCEDURES FOR ELECTRONIC SURVEILLANCE FOR
FOREIGN INTELLIGENCE PURPOSES

SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY
ELECTRONIC SURVEILLANCE.

Section 105(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(f)) is amended by striking ``72 hours'' both places it
appears and inserting ``168 hours''.

SEC. 202. DELEGATION OF AUTHORITY TO APPROVE APPLICATIONS FOR
ELECTRONIC SURVEILLANCE.

(a) In General.--Section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) is amended--
(1) in subsection (a), by striking ``Attorney General based
upon his finding'' and inserting ``Attorney General (or a
delegee of the Attorney General under subsection (f)) based
upon a finding''; and
(2) by adding at the end the following new subsection:
``(f) The Attorney General may delegate the authority to approve an
application under this section for an order approving electronic
surveillance under this title to each of the following:
``(1) The Deputy Attorney General.
``(2) The Assistant Attorney General for National
Security.''.
(b) Conforming Amendment.--Section 102(b) of such Act (50 U.S.C.
1802(b)) is amended by inserting ``(or delegee of the Attorney General
under section 104(f))'' after ``Attorney General''.

SEC. 203. ADDITIONAL AUTHORITY FOR EMERGENCY ELECTRONIC SURVEILLANCE.

Section 105 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805) is amended--
(1) by redesignating subsections (g), (h), (i), and (j) as
subsections (h), (i), (j), and (k), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g)(1)(A) Notwithstanding any other provision of this title and
subject to the provisions of this subsection, the Attorney General may,
with the concurrence of the Director of National Intelligence, appoint
appropriate supervisory or executive personnel within the Federal
Bureau of Investigation and the National Security Agency to authorize
electronic surveillance on a United States person in the United States
on an emergency basis pursuant to the provisions of this subsection.
``(B) For purposes of this subsection, an intelligence agent or
employee acting under the supervision of a supervisor or executive
appointed under subparagraph (A) may conduct emergency electronic
surveillance under this subsection if such supervisor or executive
reasonably determines that--
``(i) an emergency situation exists with respect to the
employment of electronic surveillance to obtain foreign
intelligence information before an order authorizing such
surveillance can with due diligence be obtained; and
``(ii) the factual basis exists for the issuance of an
order approving such surveillance under this title.
``(2) The supervisors and executives appointed by the Attorney
General under paragraph (1) may only be officials as follows:
``(A) In the case of the Federal Bureau of Investigation,
officials at or above the level of Special Agent in Charge.
``(B) In the case of the National Security Agency,
officials at or above the level of head of branch of the
National Security Agency.
``(3) A supervisor or executive responsible for the emergency
employment of electronic surveillance under this subsection shall
submit to the Attorney General (and, if authorized by the Attorney
General, to the Deputy Attorney General and the Assistant Attorney
General for National Security) a request for approval of the
surveillance within 24 hours of the commencement of the surveillance.
The request shall set forth the ground for the belief specified in
paragraph (1), together with such other information as the Attorney
General shall require.
``(4)(A) The review of a request under paragraph (3) shall be
completed by the official concerned under that paragraph as soon as
practicable, but not more than 72 hours after the commencement of the
electronic surveillance concerned under paragraph (1).
``(B)(i) If the official concerned determines that the electronic
surveillance does not meet the requirements of paragraph (1), the
surveillance shall terminate immediately and may not be recommenced by
any supervisor or executive appointed under paragraph (1), or any agent
or employee acting under the supervision of such supervisor or
executive, absent additional facts or changes in circumstances that
lead a supervisor or executive appointed under paragraph (1) to
reasonably believe that the requirements of paragraph (1) are
satisfied.
``(ii) In the event of a determination under clause (i), the
Attorney General shall not be required, under section 106(j), to notify
any United States person of the fact that the electronic surveillance
covered by such determination was conducted before the termination of
the surveillance under that clause. However, the official making such
determination shall notify the court established by section 103(a) of
such determination, and shall also provide notice of such determination
in the first report that is submitted under section 108(a) after such
determination is made.
``(C) If the official concerned determines that the surveillance
meets the requirements of subsection (f), the surveillance may
continue, subject to the requirements of paragraph (5).
``(5)(A) An application in accordance with this title shall be made
to a judge having jurisdiction under section 103 as soon as practicable
but not more than 168 hours after the commencement of electronic
surveillance under paragraph (1).
``(B) In the absence of a judicial order approving electronic
surveillance commenced under paragraph (1), the surveillance shall
terminate at the earlier of--
``(i) when the information sought is obtained; or
``(ii) when the application under subparagraph (A) for an
order approving the surveillance is denied; or
``(iii) 168 hours after the commencement of the
surveillance, unless an application under subparagraph (A) is
pending, in which case the surveillance may continue for up to
an additional 24 hours while the judge has the application
under advisement.
``(C) If an application under subparagraph (A) for an order
approving electronic surveillance commenced under paragraph (1) is
denied, or in any other case in which the surveillance is terminated
and no order approving the surveillance is issued by a court, the use
of information obtained or evidence derived from the surveillance shall
be governed by the provisions of subsection (f).
``(D) The denial of an application submitted under subparagraph (A)
may be reviewed as provided in section 103.
``(6) Any person who engages in the emergency employment of
electronic surveillance under paragraph (1) shall follow the
minimization procedures otherwise required by this title for the
issuance of a judicial order approving the conduct of electronic
surveillance.
``(7) Not later than 30 days after appointing supervisors and
executives under paragraph (1) to authorize the exercise of authority
in that paragraph, the Attorney General, in consultation with the
Director of National Intelligence, shall submit to the Foreign
Intelligence Surveillance Court and the congressional intelligence
committees, and bring up to date as required, a report that--
``(A) identifies the number of supervisors and executives
who have been so appointed and the positions held by such
supervisors and executives; and
``(B) sets forth guidelines or other directives that
describe the responsibilities of such supervisors and
executives under this subsection.''.

SEC. 204. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.

(a) Authority for Additional Judges.--Section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as so designated, by inserting ``at
least'' before ``seven of the United States judicial
circuits'';
(3) by designating the second sentence as paragraph (4) and
indenting such paragraph, as so designated, two ems from the
left margin; and
(4) by inserting after paragraph (1), as so designated, the
following new paragraph:
``(2) In addition to the judges designated under paragraph (1), the
Chief Justice of the United States may designate as judges of the court
established by paragraph (1) such judges appointed under Article III of
the Constitution of the United States as the Chief Justice determines
appropriate in order to provide for the prompt and timely consideration
under section 105 of applications under section 104 for electronic
surveillance under this title. Any judge designated under this
paragraph shall be designated publicly.''.
(b) Consideration of Emergency Applications.--Such section is
further amended by inserting after paragraph (2), as added by
subsection (a)(3) of this section, the following new paragraph:
``(3) A judge of the court shall make a determination to approve,
deny, or seek modification of an application submitted pursuant to
section subsection (f) or (g) of section 105 not later than 24 hours
after the receipt of such application by the court.''.

SEC. 205. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR ORDERS
APPROVING ELECTRONIC SURVEILLANCE.

(a) System Required.--The Attorney General shall, in consultation
with the Director of the Federal Bureau of Investigation, the Director
of the National Security Agency, and the Foreign Intelligence
Surveillance Court, develop and implement a secure, classified document
management system that permits the prompt preparation, modification,
and review by appropriate personnel of the Department of Justice, the
Federal Bureau of Investigation, the National Security Agency, and
other applicable elements of the United States Government of
applications under section 104 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1804) before their submittal to the Foreign
Intelligence Surveillance Court.
(b) Scope of System.--The document management system required by
subsection (a) shall--
(1) permit and facilitate the prompt submittal of
applications to the Foreign Intelligence Surveillance Court
under section 104 or 105(g)(5) of the Foreign Intelligence
Surveillance Act of 1978; and
(2) permit and facilitate the prompt transmittal of rulings
of the Foreign Intelligence Surveillance Court to personnel
submitting applications described in paragraph (1).

SEC. 206. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF
APPLICATIONS FOR ORDERS APPROVING ELECTRONIC
SURVEILLANCE.

(a) Office of Intelligence Policy and Review.--
(1) Additional personnel.--The Office of Intelligence
Policy and Review of the Department of Justice is hereby
authorized such additional personnel, including not fewer than
21 full-time attorneys, as may be necessary to carry out the
prompt and timely preparation, modification, and review of
applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) for orders under
section 105 of that Act (50 U.S.C. 1805) approving electronic
surveillance for foreign intelligence purposes.
(2) Assignment.--The Attorney General shall assign
personnel authorized by paragraph (1) to and among appropriate
offices of the National Security Agency in order that such
personnel may directly assist personnel of the Agency in
preparing applications described in that paragraph.
(b) Federal Bureau of Investigation.--
(1) Additional legal and other personnel.--The National
Security Branch of the Federal Bureau of Investigation is
hereby authorized such additional legal and other personnel as
may be necessary to carry out the prompt and timely preparation
of applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 for orders under section 105 of that
Act approving electronic surveillance for foreign intelligence
purposes.
(2) Assignment.--The Director of the Federal Bureau of
Investigation shall assign personnel authorized by paragraph
(1) to and among the field offices of the Federal Bureau of
Investigation in order that such personnel may directly assist
personnel of the Bureau in such field offices in preparing
applications described in that paragraph.
(c) Additional Legal and Other Personnel for National Security
Agency.--The National Security Agency is hereby authorized such
additional legal and other personnel as may be necessary to carry out
the prompt and timely preparation of applications under section 104 of
the Foreign Intelligence Surveillance Act of 1978 for orders under
section 105 of that Act approving electronic surveillance for foreign
intelligence purposes.
(d) Additional Legal and Other Personnel for Foreign Intelligence
Surveillance Court.--There is hereby authorized for the Foreign
Intelligence Surveillance Court such additional staff personnel as may
be necessary to facilitate the prompt and timely consideration by that
Court of applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 for orders under section 105 of that Act
approving electronic surveillance for foreign intelligence purposes.
Personnel authorized by this paragraph shall perform such duties
relating to the consideration of such applications as that Court shall
direct.
(e) Supplement Not Supplant.--The personnel authorized by this
section are in addition to any other personnel authorized by law.

SEC. 207. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND NATIONAL
SECURITY AGENCY PERSONNEL IN FOREIGN INTELLIGENCE
SURVEILLANCE MATTERS.

The Director of the Federal Bureau of Investigation and the
Director of the National Security Agency shall each, in consultation
with the Attorney General--
(1) develop regulations to establish procedures for
conducting and seeking approval of electronic surveillance on
an emergency basis, and for preparing and properly submitting
and receiving applications and orders, under sections 104 and
105 of the Foreign Intelligence Surveillance Act of 1978; and
(2) prescribe related training for the personnel of the
applicable agency.

SEC. 208. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN WARTIME.

Section 111 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1811) is amended by striking ``following a declaration of
war by the Congress'' and inserting ``following any of the following:
``(1) A declaration of war by the Congress.
``(2) An authorization for the use of military force within
the meaning of section 2(c)(2) of the War Powers Resolution (50
U.S.C. 1541(c)(2)).
``(3) A national emergency created by attack upon the
United States, its territories or possessions, or the Armed
Forces within the meaning of section 2(c)(3) of the War Powers
Resolution (50 U.S.C. 1541(c)(3)).''.

TITLE III--FOREIGN-FOREIGN COMMUNICATIONS

SEC. 301. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS.

(a) In General.--Notwithstanding any other provision of this Act or
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), no court order shall be required for the acquisition through
electronic surveillance of the contents of any communication between
one person who is not located within the United States and another
person who is not located within the United States for the purpose of
collecting foreign intelligence information even if such communication
passes through, or the surveillance device is located within, the
United States.
(b) Treatment of Intercepted Communications Involving Domestic
Party.--If surveillance conducted as described in subsection (a)
inadvertently collects a communication in which at least one party is
within the United States, the contents of such communications shall be
handled in accordance with the minimization procedures set forth in
section 101(h)(4) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801(h)(4)).
(c) Definitions.--In this section, the terms ``contents'',
``electronic surveillance'', and ``foreign intelligence information''
have the meaning given such terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

TITLE IV--OTHER MATTERS

SEC. 401. DEFINITIONS.

In this Act:
(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) The term ``Foreign Intelligence Surveillance Court''
means the court established by section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(3) The term ``Foreign Intelligence Surveillance Court of
Review'' means the court established by section 103(b) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(b).
(4) The term ``United States person'' has the meaning given
such term in section 101(i) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(i)).

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

Except as provided in section 103, this Act, and the amendments
made by this Act, shall take effect on the date that is 30 days after
the date of the enactment of this Act.
Calendar No. 610

109th CONGRESS

2d Session

S. 3001

_______________________________________________________________________

A BILL

To ensure that all electronic surveillance of United States persons for
foreign intelligence purposes is conducted pursuant to individualized
court-issued orders, to streamline the procedures of the Foreign
Intelligence Surveillance Act of 1978, and for other purposes.

_______________________________________________________________________

September 13, 2006

Reported with an amendment