II 

Calendar No. 607 

109TH CONGRESS 

2D SESSION S. 2455 

To provide in statute for the conduct of electronic surveillance of suspected 

terrorists for the purposes of protecting the American people, the Nation, 

and its interests from terrorist attack while ensuring that the civil 

liberties of United States citizens are safeguarded, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16 (legislative day, MARCH 15), 2006 

Mr. DEWINE (for himself, Mr. GRAHAM, Mr. HAGEL, and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

SEPTEMBER 13, 2006 

Reported by Mr. SPECTER, without amendment 

A BILL 

To provide in statute for the conduct of electronic surveillance of suspected terrorists for the purposes of protecting the American people, the Nation, and its interests 

from terrorist attack while ensuring that the civil liberties of United States citizens are safeguarded, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


ccoleman on PROD1PC71 with BILLS
2 

S 2455 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Terrorist Surveillance 

3 Act of 2006’’. 

4 SEC. 2. TERRORIST SURVEILLANCE PROGRAM. 

5 (a) IN GENERAL.—Notwithstanding any provision of 

6 the Foreign Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1801 et seq.), chapter 119 of title 18, United 

8 States Code, or any other provision of law related to the 

9 interception or collection of communications, the Presi10 dent, through the Attorney General, may authorize a pro11 gram of electronic surveillance without a court order for 

12 periods of up to 45 days if— 

13 (1) the President determines that the surveil14 lance is necessary to protect the United States, its 

15 citizens, or its interests, whether inside the United 

16 States or outside the United States; 

17 (2) there is probable cause to believe that one 

18 party subject to the surveillance is an agent or mem19 ber of a group or organization, affiliated with a 

20 group or organization, or working in support of a 

21 group or organization on the list established under 

22 section 3; 

23 (3) the surveillance is initiated and conducted 

24 in a manner reasonably designed to acquire only 

25 communications to or from the United States 

26 where— 


ccoleman on PROD1PC71 with BILLS
3 

S 2455 RS

1 (A) at least one party to such communica2 tions is reasonably believed to be physically lo3 cated outside the United States; or 

4 (B) such communications appear to origi5 nate or terminate outside the United States; 

6 (4) there is not a substantial likelihood that the 

7 surveillance will acquire the substance of any com8 munication where every party to such communica9 tion is physically located within the United States; 

10 (5) a significant purpose of the surveillance is 

11 to obtain foreign intelligence information; and 

12 (6) minimization procedures are in place with 

13 respect to the surveillance which meet the standards 

14 for minimization procedures under section 101(h) of 

15 the Foreign Intelligence Surveillance Act of 1978 

16 (50 U.S.C. 1801(h)). 

17 (b) SCOPE.— 

18 (1) BASIS.—Electronic surveillance carried out 

19 pursuant to the authority in subsection (a) shall not 

20 be conducted solely on the basis of activities pro21 tected by the first amendment to the Constitution of 

22 the United States. 

23 (2) TARGETING DECISIONS.—The President 

24 may rely on intelligence community professionals to 

25 make targeting decisions during the course of elecVerDate Aug 31 2005 03:45 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2455.RS S2455

ccoleman on PROD1PC71 with BILLS
4 

S 2455 RS

1 tronic surveillance carried out pursuant to the au2 thority in subsection (a) based on all lawfully col3 lected information available to such professionals at 

4 the time of such decisions. 

5 (c) DESIGNATION OF PROGRAM.—Electronic surveil6 lance carried out pursuant to the authority in subsection 

7 (a) shall be known as the ‘‘Terrorist Surveillance Pro8 gram’’. 

9 (d) MINIMIZATION PROCEDURES.— 

10 (1) INITIAL PROCEDURES.—The Attorney Gen11 eral shall establish the minimization procedures re12 quired by subsection (a)(6) not later than 30 days 

13 after the date of the enactment of this Act. 

14 (2) UPDATES.—The Attorney General shall up15 date the minimization procedures under this sub16 section at such times as the Attorney General con17 siders appropriate, but not less often than annually. 

18 (e) SUPPORT OF SURVEILLANCE.—With respect to 

19 any electronic surveillance authorized by subsection (a), 

20 the Attorney General may direct a specified provider of 

21 communication services or common carrier to— 

22 (1) furnish all information, facilities, or tech23 nical assistance necessary to accomplish the surveil24 lance in such a manner as will protect its secrecy 

25 and produce a minimum of interference with the 


ccoleman on PROD1PC71 with BILLS
5 

S 2455 RS

1 services that such carrier is providing its customers; 

2 and 

3 (2) maintain under security procedures ap4 proved by the Attorney General and the Director of 

5 National Intelligence any records concerning the sur6 veillance or assistance furnished that such carrier 

7 determines to retain. 

8 (f) USE OF INFORMATION.— 

9 (1) DISCLOSURE OF INFORMATION ON UNITED

10 STATES PERSONS.—Information acquired from elec11 tronic surveillance conducted pursuant to this sec12 tion concerning any United States person may be 

13 used or disclosed by Federal officers or employees 

14 without the consent of the United States person only 

15 in accordance with the minimization procedures re16 quired by subsection (a)(6). 

17 (2) USES OF INFORMATION.—No information 

18 acquired from electronic surveillance conducted pur19 suant to this section may be used or disclosed by 

20 Federal officers or employees except for lawful pur21 poses, including the provision of a factual predicate 

22 for an order for electronic surveillance under section 

23 104 of the Foreign Intelligence Surveillance Act of 

24 1978 (50 U.S.C. 1804), dissemination to appro25 priate authorities consistent with the minimization 


ccoleman on PROD1PC71 with BILLS
6 

S 2455 RS

1 procedures required by subsection (a)(6), and use as 

2 evidence in a criminal proceeding consistent with 

3 section 106 of the Foreign Intelligence Surveillance 

4 Act of 1978 (50 U.S.C. 1806). 

5 SEC. 3. TERRORIST SURVEILLANCE LIST. 

6 (a) IN GENERAL.—The President shall establish and 

7 maintain for purposes of this Act a list of groups and or8 ganizations that are subject to electronic surveillance au9 thorized under the Terrorist Surveillance Program. The 

10 list shall be known as the ‘‘Terrorist Surveillance List’’. 

11 (b) REQUIREMENTS FOR LISTING.—A group or orga12 nization may be placed on the list under this section only 

13 if the President determines that there is a reasonable like14 lihood that the group or organization, as the case may 

15 be— 

16 (1) has engaged in an act of international ter17 rorism against the United States, its citizens, or its 

18 interests, whether inside the United States or out19 side the United States; 

20 (2) intends to engage in an act of international 

21 terrorism against the United States, its citizens, or 

22 its interests, whether inside the United States or 

23 outside the United States; or 

24 (3) is engaged in activities in preparation for an 

25 actual or potential act of international terrorism 


ccoleman on PROD1PC71 with BILLS
7 

S 2455 RS

1 against the United States, its citizens, or its inter2 ests, whether inside the United States or outside the 

3 United States. 

4 (c) UPDATES.—The President shall update the list 

5 under this section at such times as the President considers 

6 appropriate, but not less often than annually, including 

7 determining whether a group or organization placed on the 

8 Terrorist Surveillance List should be removed from the 

9 list. 

10 SEC. 4. PROGRAM REVIEW AND REAUTHORIZATION. 

11 (a) IN GENERAL.—Not later than 45 days after the 

12 commencement of the Terrorist Surveillance Program and 

13 45 days after the continuation of the Terrorist Surveil14 lance Program pursuant to a determination under sub15 section (b), the Attorney General shall review the conduct 

16 of the program in order to determine the following: 

17 (1) Whether the surveillance under the program 

18 met the requirements of section 2(a) during the pe19 riod covered by the review. 

20 (2) Whether to recommend the continuation of 

21 the program for another 45 days. 

22 (b) CONTINUATION OF THE TERRORIST SURVEIL23 LANCE PROGRAM.— 

24 (1) DETERMINATION ON CONTINUATION.— 

25 Upon completion of the review of the Terrorist SurVerDate Aug 31 2005 03:45 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2455.RS S2455

ccoleman on PROD1PC71 with BILLS
8 

S 2455 RS

1 veillance Program by the Attorney General under 

2 subsection (a), the President shall determine the fol3 lowing: 

4 (A) Whether the Terrorist Surveillance 

5 Program remains necessary to protect the 

6 United States, its citizens, or interests, whether 

7 inside the United States or outside the United 

8 States. 

9 (B) Whether to continue the Terrorist Sur10 veillance Program. 

11 (2) CONTINUATION.—If the President deter12 mines under paragraph (1) to continue the Terrorist 

13 Surveillance Program, the President, through the 

14 Attorney General, may continue the program for an 

15 additional period of 45 days, subject to the require16 ments of section 2(a). 

17 (3) DISCONTINUATION.—If the President deter18 mines under paragraph (1) to discontinue the Ter19 rorist Surveillance Program, the President shall dis20 continue the program in a prompt manner. 

21 (4) RECOMMENCEMENT OF PROGRAM.—At any 

22 time after the discontinuation of the Terrorist Sur23 veillance Program under paragraph (3), the Presi24 dent may recommence the program or any other 

25 program of electronic surveillance under this Act if 


ccoleman on PROD1PC71 with BILLS
9 

S 2455 RS

1 the President determines that the requirements of 

2 section 2(a) are met. 

3 (c) CERTIFICATION.—Following completion of any re4 view of a program of surveillance under this section, the 

5 Attorney General shall certify in writing and under oath, 

6 to the congressional intelligence committees, whether the 

7 program of surveillance, during the period covered by the 

8 review, met the requirements of section 2(a). 

9 (d) REVIEW.—The Attorney General shall conduct 

10 review of the Terrorist Surveillance Program under this 

11 section pursuant to such procedures as the Attorney Gen12 eral shall establish for purposes of this section. 

13 SEC. 5. REVIEW OF SURVEILLANCE OF INDIVIDUAL TAR14 GETS. 

15 (a) IN GENERAL.—When conducting a 45-day review 

16 under section 4, the Attorney General shall also review 

17 the surveillance of individual targets within the United 

18 States under the program during the period covered by 

19 the review. During such review, the Attorney General shall 

20 determine the following: 

21 (1) Whether the known facts and circumstances 

22 relating to any target within the United States— 

23 (A) met the requirements of section 2(a) 

24 during the period covered by the review; and 


ccoleman on PROD1PC71 with BILLS
10 

S 2455 RS

1 (B) satisfy the criteria for an application 

2 under section 104 of the Foreign Intelligence 

3 Surveillance Act of 1978 (50 U.S.C. 1804) for 

4 an order for electronic surveillance of the target 

5 under section 105 of that Act (50 U.S.C. 

6 1805). 

7 (2) Whether to terminate surveillance on the 

8 target. 

9 (3) Whether to continue surveillance under sec10 tion 2(a). 

11 (b) CONTINUED SURVEILLANCE UNDER FISA.— 

12 (1) IN GENERAL.— 

13 (A) DETERMINATION.—If, at any time (in14 cluding through a review of electronic surveil15 lance under section 4), the Attorney General 

16 determines that the known facts and cir17 cumstances relating to any target within the 

18 United States satisfy the criteria for an applica19 tion under section 104 of the Foreign Intel20 ligence Surveillance Act of 1978 for an order 

21 for electronic surveillance of the target under 

22 section 105 of that Act, the Attorney General, 

23 at the direction of the President, shall— 

24 (i) discontinue the surveillance of the 

25 target under section 2(a); or 


ccoleman on PROD1PC71 with BILLS
11 

S 2455 RS

1 (ii) continue the surveillance of the 

2 target under section 2(a), subject to the 

3 requirements of subparagraph (B). 

4 (B) CONTINUATION OF SURVEILLANCE.— 

5 (i) IN GENERAL.—The Attorney Gen6 eral may continue surveillance of a target 

7 under section 2(a) as specified in subpara8 graph (A)(ii) only if the Attorney General 

9 makes an application under section 104 of 

10 the Foreign Intelligence Surveillance Act of 

11 1978 for an order for electronic surveil12 lance of the target under section 105 of 

13 that Act as soon as practicable after the 

14 date on which the Attorney General makes 

15 the determination to continue surveillance 

16 of the target under subparagraph (A)(ii), 

17 but in no event later than seven days after 

18 the date of such determination. 

19 (ii) PERIOD.—The period during 

20 which the Attorney General may continue 

21 surveillance of a target under section 2(a) 

22 as specified in subparagraph (A)(ii) shall 

23 be limited to the period during which the 

24 application of the Attorney General under 

25 section 104 of the Foreign Intelligence 


ccoleman on PROD1PC71 with BILLS
12 

S 2455 RS

1 Surveillance Act of 1978 for an order for 

2 electronic surveillance of the target under 

3 section 105 of that Act is pending under 

4 that Act, including during any period in 

5 which appeal from the denial of the appli6 cation is pending under the court of review 

7 or the Supreme Court under section 

8 103(b) of that Act (50 U.S.C. 1803(b)). 

9 (c) DISCONTINUATION OF SURVEILLANCE.—If the 

10 Attorney General determines through a review of elec11 tronic surveillance under this section that the known facts 

12 and circumstances relating to any target within the United 

13 States do not meet the requirements of section 2(a) and 

14 do not satisfy the criteria for an application under section 

15 104 of the Foreign Intelligence Surveillance Act of 1978 

16 (50 U.S.C. 1804) for an order for electronic surveillance 

17 of the target under section 105 of that Act (50 U.S.C. 

18 1805), the Attorney General shall discontinue the surveil19 lance of the target under section 2(a). 

20 (d) CONTINUED SURVEILLANCE UNDER SECTION

21 2(a).— 

22 (1) PRESUMPTION.—In reviewing the electronic 

23 surveillance of a target in the United States under 

24 this section, the Attorney General shall presume that 

25 electronic surveillance of a target shall be conducted 


ccoleman on PROD1PC71 with BILLS
13 

S 2455 RS

1 under the Foreign Intelligence Surveillance Act of 

2 1978 or be terminated. 

3 (2) REBUTTAL OF PRESUMPTION.—The pre4 sumption under paragraph (1) with respect to a tar5 get can be rebutted, and the Attorney General may 

6 continue the surveillance of a target under section 

7 2(a), if— 

8 (A) the Attorney General determines, 

9 based on the known facts and circumstances re10 lating to such target, that— 

11 (i) the surveillance of the target dur12 ing the previous 45-day period satisfied the 

13 requirements of section 2(a); and 

14 (ii) there is a good faith belief that 

15 continued surveillance will result in the ac16 quisition of foreign intelligence informa17 tion; and 

18 (B) the President determines that contin19 ued surveillance of the target is necessary to 

20 protect the United States, its citizens, or inter21 ests, whether inside the United States or out22 side the United States. 

23 (e) CERTIFICATION.—If the Attorney General decides 

24 to continue surveillance of a target under section 2(a), not 

25 later than 72 hours after the Attorney General conducts 


ccoleman on PROD1PC71 with BILLS
14 

S 2455 RS

1 the applicable review under subsection (a), the Attorney 

2 General shall certify in writing and under oath to the ter3 rorist surveillance subcommittees that— 

4 (1) the surveillance of the target during the 

5 previous 45-day period satisfied the requirements of 

6 section 2(a); 

7 (2) the known facts and circumstances relating 

8 to the target do not satisfy the criteria for an appli9 cation under section 104 of the Foreign Intelligence 

10 Surveillance Act of 1978 for an order for electronic 

11 surveillance of the target under section 105 of that 

12 Act; 

13 (3) the President has determined that contin14 ued surveillance of the target without a court order 

15 is necessary to protect the United States, its citi16 zens, or interests; and 

17 (4) continued surveillance is being undertaken 

18 in a good faith belief that it will result in the acqui19 sition of foreign intelligence information. 

20 (f) SUBMITTING CERTIFICATION TO FISA COURT.— 

21 Section 104(a) of the Foreign Intelligence Surveillance 

22 Act of 1978 (50 U.S.C. 1804(a)) is amended— 

23 (1) in paragraph (10), by striking ‘‘and’’ at the 

24 end; 


ccoleman on PROD1PC71 with BILLS
15 

S 2455 RS

1 (2) in paragraph (11), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(12) if applicable, each certification under sec5 tion 5(e) of the Terrorist Surveillance Act of 2006 

6 relating to the continued surveillance of the target of 

7 the electronic surveillance that is the subject of the 

8 application.’’. 

9 SEC. 6. REGULAR AND ONGOING OVERSIGHT BY CON10 GRESS. 

11 (a) SENATE TERRORIST SURVEILLANCE SUB12 COMMITTEE.—The Select Committee on Intelligence of the 

13 Senate shall designate the creation of a Subcommittee, in 

14 accordance with the Rules of the Senate, with the exclusive 

15 jurisdiction to oversee and monitor all matters relating to 

16 surveillance conducted by the President under the Ter17 rorist Surveillance Program. The Subcommittee shall be 

18 authorized to employ staff members, as needed, with the 

19 technical and subject matter expertise necessary to assist 

20 the Subcommittee in conducting regular, ongoing over21 sight of any surveillance conducted by the President under 

22 the Terrorist Surveillance Program. The staff members 

23 shall work exclusively for, and report exclusively to, the 

24 Subcommittee. 


ccoleman on PROD1PC71 with BILLS
16 

S 2455 RS

1 (b) HOUSE TERRORIST SURVEILLANCE SUB2 COMMITTEE.—The Permanent Select Committee on Intel3 ligence of the House of Representatives shall designate the 

4 creation of a Subcommittee, in accordance with the Rules 

5 of the House of Representatives, with the exclusive juris6 diction to oversee and monitor all matters relating to sur7 veillance conducted by the President under the Terrorist 

8 Surveillance Program. The Subcommittee shall be author9 ized to employ staff members, as needed, with the tech10 nical and subject matter expertise necessary to assist the 

11 Subcommittee in conducting regular, ongoing oversight of 

12 any surveillance conducted by the President under the 

13 Terrorist Surveillance Program. The staff members shall 

14 work exclusively for, and report exclusively to, the Sub15 committee. 

16 (c) SUBMITTALS TO FULL INTELLIGENCE COMMIT17 TEES.— 

18 (1) TERRORIST SURVEILLANCE LIST.— 

19 (A) IN GENERAL.—Not later than 60 days 

20 after the date of the enactment of this Act, and 

21 annually thereafter, the President shall submit 

22 to the congressional leadership and the congres23 sional intelligence committees a current version 

24 of the list established under section 3. 


ccoleman on PROD1PC71 with BILLS
17 

S 2455 RS

1 (B) UPDATES.—Not later than 72 hours 

2 after any update or modification of the list es3 tablished under section 3, the President shall 

4 submit to the congressional intelligence commit5 tees a current version of the list, showing such 

6 update or modification. 

7 (2) REVIEW PROCEDURES.— 

8 (A) IN GENERAL.—The Attorney General 

9 shall submit to the congressional intelligence 

10 committees the review procedures established 

11 under section 4(d). 

12 (B) UPDATES.—Not later than 72 hours 

13 after any update or modification of the review 

14 procedures established under section 4(d), the 

15 Attorney General shall submit to the congres16 sional intelligence committees a current version 

17 of the procedures, showing such update or 

18 modification. 

19 (3) NOTICE OF SURVEILLANCE.—Not later than 

20 72 hours after the commencement of a program of 

21 electronic surveillance under section 2(a) or the con22 tinuation, discontinuation, or recommencement of a 

23 program of electronic surveillance under section 

24 2(a), the President shall provide notice of such ac25 tion to the congressional intelligence committees. 


ccoleman on PROD1PC71 with BILLS
18 

S 2455 RS

1 (4) MINIMIZATION PROCEDURES.— 

2 (A) IN GENERAL.—The Attorney General 

3 shall submit to the congressional intelligence 

4 committees the minimization procedures estab5 lished under section 2(d). 

6 (B) UPDATES.—Not later than 72 hours 

7 after any update to or modification of the mini8 mization procedures established under section 

9 2(d), the Attorney General shall submit to the 

10 congressional intelligence committees the up11 dated or modified version of the minimization 

12 procedures. 

13 (5) FORM OF SUBMITTALS.—Any matter sub14 mitted under this subsection shall be submitted in 

15 classified form. 

16 (d) SUBMITTALS TO SUBCOMMITTEES.— 

17 (1) IN GENERAL.—The President shall submit 

18 to the terrorist surveillance subcommittees a report 

19 on the management and operational details of the 

20 Terrorist Surveillance Program generally and on any 

21 specific surveillance conducted under the Terrorist 

22 Surveillance Program whenever requested by either 

23 of the terrorist surveillance subcommittees. 

24 (2) SEMI-ANNUAL REPORTS.— 


ccoleman on PROD1PC71 with BILLS
19 

S 2455 RS

1 (A) IN GENERAL.—In addition to any re2 ports required under paragraph (1), the Presi3 dent shall, not later than 6 months after the 

4 date of the enactment of this Act and every 6 

5 months thereafter, fully inform the terrorist 

6 surveillance subcommittees on all electronic sur7 veillance conducted under the Terrorist Surveil8 lance Program. 

9 (B) CONTENTS.—Each report under sub10 paragraph (A) shall include the following: 

11 (i) A complete discussion of the man12 agement, operational details, effectiveness, 

13 and necessity of the Terrorist Surveillance 

14 Program generally, and of the manage15 ment, operational details, effectiveness, 

16 and necessity of all electronic surveillance 

17 conducted under the program, during the 

18 six-month period ending on the date of 

19 such report. 

20 (ii) For any target located within the 

21 United States subject to surveillance under 

22 the Terrorist Surveillance Program for 

23 more than 45 days— 

24 (I) an explanation why continued 

25 surveillance of the subject is necessary 


ccoleman on PROD1PC71 with BILLS
20 

S 2455 RS

1 to protect the United States, its citi2 zens, or interests; and 

3 (II) an explanation why the At4 torney General has not sought an 

5 order for the approval of electronic 

6 surveillance of the subject under the 

7 Foreign Intelligence Surveillance Act 

8 of 1978 (50 U.S.C. 1801 et seq.). 

9 (iii) The total number of targets of 

10 electronic surveillance within the United 

11 States during the preceding 6-month pe12 riod either commenced or continued under 

13 the Terrorist Surveillance Program. 

14 (iv) The total number of United 

15 States persons targeted for electronic sur16 veillance during the preceding 6-month pe17 riod under the Terrorist Surveillance Pro18 gram. 

19 (v) The total number of targets of 

20 electronic surveillance within the United 

21 States during the preceding 6-month pe22 riod under the Terrorist Surveillance Pro23 gram for which, an application was made 

24 under section 104 of the Foreign Intel25 ligence Surveillance Act of 1978 (50 


ccoleman on PROD1PC71 with BILLS
21 

S 2455 RS

1 U.S.C. 1804) for an order under section 

2 105 of that Act (50 U.S.C. 1805) approv3 ing electronic surveillance under that Act, 

4 and, of such applications, the total number 

5 either granted, modified, or denied. 

6 (vi) Any other information specified, 

7 in writing, to be included in such report by 

8 either of the terrorist surveillance sub9 committees. 

10 (vii) A description of the nature of the 

11 information sought under the Terrorist 

12 Surveillance Program, the types of commu13 nications subjected to such program, and 

14 whether the information sought under such 

15 program could be reasonably obtained by 

16 less intrusive investigative techniques in a 

17 timely and effective manner. 

18 (3) FORM OF REPORTS.—Any report or infor19 mation submitted under this subsection shall be sub20 mitted in classified form. 

21 (e) ANNUAL REPORTS BY SUBCOMMITTEES.—The 

22 terrorist surveillance subcommittees shall prepare sepa23 rate annual reports on the Terrorist Surveillance Pro24 gram, including the program’s effectiveness, its manage25 ment, its operational details, and any other matters that 


ccoleman on PROD1PC71 with BILLS
22 

S 2455 RS

1 the subcommittees consider appropriate. Each report shall 

2 be prepared in a classified form. 

3 SEC. 7. SUNSET. 

4 This Act and the amendments made by this Act are 

5 repealed effective on the date that is 5 years after the date 

6 of enactment of this Act. 

7 SEC. 8. CRIMINAL PENALTIES FOR UNAUTHORIZED DIS8 CLOSURE OF INFORMATION ON SURVEIL9 LANCE PROGRAMS. 

10 (a) ESTABLISHMENT OF OFFENSE.—Chapter 37 of 

11 title 18, United States Code, is amended by inserting after 

12 section 798A the following new section: 

13 ‘‘§ 798B. Unauthorized disclosure of information on 

14 surveillance programs 

15 ‘‘(a) IN GENERAL.—Any covered person who inten16 tionally discloses information identifying or describing, 

17 whether in whole or in part, electronic surveillance author18 ized by section 2 of the Terrorist Surveillance Act of 2006, 

19 or any other information relating to the Terrorist Surveil20 lance Program under that Act or any program of surveil21 lance under the Foreign Intelligence Surveillance Act of 

22 1978 (50 U.S.C. 1801 et seq.) to any individual not au23 thorized to receive such information shall be fined not 

24 more than $1,000,000, imprisoned not more than 15 

25 years, or both. 


ccoleman on PROD1PC71 with BILLS
23 

S 2455 RS

1 ‘‘(b) DEFINITION.—In this section, the term ‘covered 

2 person’ means any person authorized to receive informa3 tion under the Terrorist Surveillance Act of 2006, or the 

4 Foreign Intelligence Surveillance Act of 1978.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by inserting 

7 after the item relating to section 798A the following new 

8 item: 

‘‘798B. Unauthorized disclosure of information on surveillance programs.’’. 

9 SEC. 9. DEFINITIONS. 

10 In this Act— 

11 (1) the term ‘‘congressional intelligence commit12 tees’’ means— 

13 (A) each member of the Select Committee 

14 on Intelligence of the Senate; and 

15 (B) each member of the Permanent Select 

16 Committee on Intelligence of the House of Rep17 resentatives; 

18 (2) the term ‘‘congressional leadership’’ 

19 means— 

20 (A) the Speaker of the House of Rep21 resentatives and the Minority Leader of the 

22 House of Representatives; and 

23 (B) the Majority Leader and Minority 

24 Leader of the Senate; 


ccoleman on PROD1PC71 with BILLS
24 

S 2455 RS

1 (3) the terms ‘‘international terrorism’’, ‘‘elec2 tronic surveillance’’, ‘‘foreign intelligence informa3 tion’’, and ‘‘United States person’’ have the meaning 

4 given such terms in section 101 of the Foreign Intel5 ligence Surveillance Act of 1978 (50 U.S.C. 1801); 

6 and 

7 (4) the term ‘‘terrorist surveillance subcommit8 tees’’ means the subcommittees of the Select Com9 mittee on Intelligence of the Senate and the Perma10 nent Select Committee on Intelligence of the House 

11 of Representatives created under section 6(a) and 

12 (b). 


ccoleman on PROD1PC71 with BILLS

ccoleman on PROD1PC71 with BILLS
Calendar No. 607 

109TH CONGRESS 

2D SESSION S. 2455 

A BILL 

To provide in statute for the conduct of electronic 

citizens are safeguarded, and for other purposes. ensuring that the civil liberties of United States tion, and its interests from terrorist attack while poses of protecting the American people, the Nasurveillance of suspected terrorists for the purSEPTEMBER 13, 2006 

Reported without amendment 


ccoleman on PROD1PC71 with BILLS