II 

109TH CONGRESS 

2D SESSION S. 2453 

To establish procedures for the review of electronic surveillance programs. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16 (legislative day, MARCH 15), 2006 

Mr. SPECTER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To establish procedures for the review of electronic 

surveillance programs. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Security Sur5 veillance Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) After the terrorist attacks of September 11, 

9 2001, President Bush authorized the National Secu10 rity Agency to intercept communications between 


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1 people inside the United States, including American 

2 citizens, and terrorism suspects overseas. 

3 (2) One of the lessons learned from September 

4 11, 2001, is that the enemies who seek to greatly 

5 harm and terrorize our Nation utilize technologies 

6 and techniques that defy conventional law enforce7 ment practices. 

8 (3) The Commander in Chief requires the abil9 ity and means to detect and track an enemy that 

10 can master and exploit modern technology. 

11 (4) Although it is essential that the President 

12 have all necessary means to protect us against our 

13 enemies, it is equally essential that, in doing so, the 

14 President does not compromise the very civil lib15 erties that the President seeks to safeguard. As Jus16 tice Hugo Black observed, ‘‘The President’s power, 

17 if any, to issue [an] order must stem either from an 

18 Act of Congress or from the Constitution itself.’’. 

19 Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 

20 579, 585 (1952) (opinion by Black, J.). 

21 (5) In 2004, Justice Sandra Day O’Connor ex22 plained in her plurality opinion for the Supreme 

23 Court in Hamdi v. Rumsfeld: ‘‘We have long since 

24 made clear that a state of war is not a blank check 

25 for the President when it comes to the rights of the 


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1 Nation’s citizens. Youngstown Sheet & Tube, 343 

2 U.S., at 587, 72 S.Ct. 863. Whatever power the 

3 United States Constitution envisions for the Execu4 tive in its exchanges with other nations or with 

5 enemy organizations in times of conflict, it most as6 suredly envisions a role for all three branches when 

7 individual liberties are at stake.’’. Hamdi v. Rums8 feld, 542 U.S. 507, 536 (2004) (citations omitted). 

9 (6) Similarly, as Justice Jackson famously ob10 served in his Youngstown concurrence: ‘‘When the 

11 President acts pursuant to an express or implied au12 thorization of Congress, his authority is at its max13 imum, for it includes all that he possesses in his own 

14 right plus all that Congress can delegate. . . . When 

15 the President acts in absence of either a congres16 sional grant or denial of authority, he can only rely 

17 upon his own independent powers, but there is a 

18 zone of twilight in which he and Congress may have 

19 concurrent authority, or in which its distribution is 

20 uncertain. Therefore, congressional inertia, indiffer21 ence or quiescence may sometimes, at least as a 

22 practical matter, enable, if not invite, measures on 

23 independent presidential responsibility . . . When the 

24 President takes measures incompatible with the ex25 pressed or implied will of Congress, his power is at 


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1 its lowest ebb, for then he can rely only upon his 

2 own constitutional powers minus any constitutional 

3 powers of Congress over the matter. Courts can sus4 tain exclusive Presidential control in such a case 

5 only by disabling the Congress from acting upon the 

6 subject.’’. Youngstown Sheet & Tube Co. v. Sawyer, 

7 343 U.S. 579, 635–38 (1952) (Jackson, J., concur8 ring). 

9 (7) The Constitution provides Congress with 

10 broad powers of oversight over national security and 

11 foreign policy, under article I, section 8 of the Con12 stitution of the United States, which confers on Con13 gress numerous powers, including the powers— 

14 (A) ‘‘To declare War, grant Letters of 

15 Marque and Reprisal, and make Rules con16 cerning Captures on Land and Water’’; 

17 (B) ‘‘To raise and support Armies’’; 

18 (C) ‘‘To provide and maintain a Navy’’; 

19 (D) ‘‘To make Rules for the Government 

20 and Regulation of the land and naval Forces’’; 

21 (E) ‘‘To provide for calling forth the Mili22 tia to execute the Laws of the Union, suppress 

23 Insurrections and repel Invasions’’; and 

24 (F) ‘‘To provide for organizing, arming, 

25 and disciplining the Militia, and for governing 


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1 such Part of them as may be employed in the 

2 Service of the United States’’. 

3 (8) It is in our Nation’s best interest for Con4 gress to use its oversight power to establish a system 

5 to ensure that electronic surveillance programs do 

6 not infringe on the constitutional rights of Ameri7 cans, while at the same time making sure that the 

8 President has all the powers and means necessary to 

9 detect and track our enemies. 

10 (9) While Attorney General Alberto Gonzales 

11 explained that the executive branch reviews the elec12 tronic surveillance program of the National Security 

13 Agency every 45 days to ensure that the program is 

14 not overly broad, it is the belief of Congress that ap15 proval and supervision of electronic surveillance pro16 grams should be conducted outside of the executive 

17 branch, by the Article III court established under 

18 section 103 of the Foreign Intelligence Surveillance 

19 Act of 1978 (50 U.S.C. 1803). It is also the belief 

20 of Congress that it is appropriate for an Article III 

21 court to pass upon the constitutionality of electronic 

22 surveillance programs that may implicate the rights 

23 of Americans. 

24 (10) The Foreign Intelligence Surveillance 

25 Court is the proper court to approve and supervise 


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1 classified electronic surveillance programs because it 

2 is adept at maintaining the secrecy with which it 

3 was charged and it possesses the requisite expertise 

4 and discretion for adjudicating sensitive issues of 

5 national security. 

6 (11) In 1975, then-Attorney General Edward 

7 Levi, a strong defender of executive authority, testi8 fied that in times of conflict, the President needs the 

9 power to conduct long-range electronic surveillance 

10 and that a foreign intelligence surveillance court 

11 should be empowered to issue special warrants in 

12 these circumstances. 

13 (12) This Act clarifies and definitively estab14 lishes that the Foreign Intelligence Surveillance 

15 Court has the authority to review electronic surveil16 lance programs and pass upon their constitu17 tionality. Such authority is consistent with well-es18 tablished, longstanding practices. 

19 (13) The Foreign Intelligence Surveillance 

20 Court already has broad authority to approve sur21 veillance of members of international conspiracies, in 

22 addition to granting warrants for surveillance of a 

23 particular individual under sections 104, 105, and 

24 402 of the Foreign Intelligence Surveillance Act of 

25 1978 (50 U.S.C. 1804, 1805, and 1842). 


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1 (14) Prosecutors have significant flexibility in 

2 investigating domestic conspiracy cases. Courts have 

3 held that flexible warrants comply with the fourth 

4 amendment to the Constitution of the United States 

5 when they relate to complex, far reaching, and 

6 multi-faceted criminal enterprises like drug conspir7 acies and money laundering rings. The courts recog8 nize that applications for search warrants must be 

9 judged in a common sense and realistic fashion, and 

10 the courts permit broad warrant language where, 

11 due to the nature and circumstances of the inves12 tigation and the criminal organization, more precise 

13 descriptions are not feasible. 

14 (15) Federal agents investigating international 

15 terrorism by foreign enemies are entitled to tools at 

16 least as broad as those used by Federal agents in17 vestigating domestic crimes by United States citi18 zens. The Supreme Court, in the ‘‘Keith Case’’, 

19 United States v. United States District Court for 

20 the Eastern District of Michigan, 407 U.S. 297 

21 (1972), recognized that the standards and proce22 dures used to fight ordinary crime may not be appli23 cable to cases involving national security. The Court 

24 recognized that national ‘‘security surveillance may 

25 involve different policy and practical considerations 


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1 from the surveillance of ordinary crime’’ and that 

2 courts should be more flexible in issuing warrants in 

3 national security cases. United States v. United 

4 States District Court for the Eastern District of 

5 Michigan, 407 U.S. 297, 322 (1972). 

6 (16) By authorizing the Foreign Intelligence 

7 Surveillance Court to review electronic surveillance 

8 programs, Congress preserves the ability of the 

9 Commander in Chief to use the necessary means to 

10 guard our national security, while also protecting the 

11 civil liberties and constitutional rights that we cher12 ish. 

13 SEC. 3. DEFINITIONS. 

14 The Foreign Intelligence Surveillance Act of 1978 

15 (50 U.S.C. 1801 et seq.) is amended— 

16 (1) by redesignating title VII as title VIII; 

17 (2) by redesignating section 701 as section 801; 

18 and 

19 (3) by inserting after title VI the following: 

20 ‘‘TITLE VII—ELECTRONIC 

21 SURVEILLANCE 

22 ‘‘SEC. 701. DEFINITIONS. 

23 ‘‘As used in this title— 

24 ‘‘(1) the terms ‘agent of a foreign power’, ‘At25 torney General’, ‘foreign intelligence information’, 


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1 ‘foreign power’, ‘international terrorism’, ‘minimiza2 tion procedures’, ‘person’, ‘United States’, and 

3 ‘United States person’ have the same meaning as in 

4 section 101; 

5 ‘‘(2) the term ‘congressional intelligence com6 mittees’ means the Select Committee on Intelligence 

7 of the Senate and the Permanent Select Committee 

8 on Intelligence of the House of Representatives; 

9 ‘‘(3) the term ‘electronic communication’ means 

10 any transfer of signs, signals, writing, images, 

11 sounds, data, or intelligence of any nature trans12 mitted in whole or in part by a wire, radio, electro13 magnetic, photoelectronic or photooptical system, 

14 cable, or other like connection furnished or operated 

15 by any person engaged as a common carrier in pro16 viding or operating such facilities for the trans17 mission of communications; 

18 ‘‘(4) the term ‘electronic surveillance’ means the 

19 acquisition by an electronic, mechanical, or other 

20 surveillance device of the substance of any electronic 

21 communication sent by, received by, or intended to 

22 be received by a person who is in the United States, 

23 where there is a reasonable possibility that the sur24 veillance will intercept communication in which a 

25 person in the United States participating in the 


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1 communication has a reasonable expectation of pri2 vacy; 

3 ‘‘(5) the term ‘electronic surveillance program’ 

4 means a program to engage in electronic surveil5 lance— 

6 ‘‘(A) to gather foreign intelligence informa7 tion or to protect against international ter8 rorism or clandestine intelligence activities by 

9 obtaining the substance of or information re10 garding electronic communications sent by, re11 ceived by, or intended to be received by a for12 eign power, an agent or agents of a foreign 

13 power, or a person or persons who have had 

14 communication with a foreign power seeking to 

15 commit an act of international terrorism or 

16 clandestine intelligence activities against the 

17 United States; 

18 ‘‘(B) where it is not feasible to name every 

19 person or address every location to be subjected 

20 to electronic surveillance; and 

21 ‘‘(C) where effective gathering of foreign 

22 intelligence information requires an extended 

23 period of electronic surveillance; 


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1 ‘‘(6) the term ‘Foreign Intelligence Surveillance 

2 Court’ means the court, sitting en banc, established 

3 under section 103(a); 

4 ‘‘(7) the term ‘Foreign Intelligence Surveillance 

5 Court of review’ means the court established under 

6 section 103(b); 

7 ‘‘(8) the term ‘intercept’ means the acquisition 

8 of the substance of any electronic communication by 

9 a person through the use of any electronic, mechan10 ical, or other device; and 

11 ‘‘(9) the term ‘substance’ means any informa12 tion concerning the words, purport, or meaning of a 

13 communication, and does not include information 

14 identifying the sender, origin, or recipient of the 

15 communication or the date or time of its trans16 mission.’’. 

17 SEC. 4. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

18 JURISDICTION TO REVIEW ELECTRONIC SUR19 VEILLANCE PROGRAMS. 

20 Title VII of the Foreign Intelligence Surveillance Act 

21 of 1978, as amended by section 3, is amended by adding 

22 at the end the following: 


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1 ‘‘SEC. 702. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

2 JURISDICTION TO REVIEW ELECTRONIC SUR3 VEILLANCE PROGRAMS. 

4 ‘‘(a) IN GENERAL.—The Foreign Intelligence Sur5 veillance Court shall have jurisdiction to issue an order 

6 under this title, lasting not longer than 45 days, that au7 thorizes an electronic surveillance program to obtain for8 eign intelligence information or to protect against inter9 national terrorism or clandestine intelligence activities. 

10 ‘‘(b) REAUTHORIZATION.—In order to continue an 

11 electronic surveillance program after the time period de12 scribed in subsection (a), the Attorney General shall sub13 mit a new application under section 703. There shall be 

14 no limit on the number of times the Attorney General may 

15 seek approval of an electronic surveillance program. 

16 ‘‘(c) MODIFICATIONS AND APPEAL IN EVENT APPLI17 CATION IS DENIED.— 

18 ‘‘(1) IN GENERAL.—In the event that the For19 eign Intelligence Surveillance Court refuses to ap20 prove an application under subsection (a), the court 

21 shall state its reasons in a written opinion. 

22 ‘‘(2) OPINION.—The court shall submit a writ23 ten opinion described in paragraph (1) to the Attor24 ney General and to each member of the congres25 sional intelligence committees (or any subcommittee 


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1 thereof designated for oversight of electronic surveil2 lance programs under this title). 

3 ‘‘(3) RESUBMISSION OR APPEAL.—The Attor4 ney General shall be permitted to submit a new ap5 plication under section 703 for the electronic surveil6 lance program, reflecting modifications to address 

7 the concerns set forth in the written opinion of the 

8 Foreign Intelligence Surveillance Court. There shall 

9 be no limit on the number of times the Attorney 

10 General may seek approval of an electronic surveil11 lance program. Alternatively, the Attorney General 

12 shall be permitted to appeal the decision of the For13 eign Intelligence Surveillance Court to the Foreign 

14 Intelligence Surveillance Court of Review. 

15 ‘‘(d) COMMUNICATIONS SUBJECT TO THIS TITLE.— 

16 ‘‘(1) IN GENERAL.—The provisions of this title 

17 requiring authorization by the Foreign Intelligence 

18 Surveillance Court apply only to interception of the 

19 substance of electronic communications sent by, re20 ceived by, or intended to be received by a person 

21 who is in the United States, where there is a reason22 able possibility that a participant in the communica23 tion has a reasonable expectation of privacy. 

24 ‘‘(2) EXCLUSION.—The provisions of this title 

25 requiring authorization by the Foreign Intelligence 


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1 Surveillance Court do not apply to information iden2 tifying the sender, origin, or recipient of the elec3 tronic communication or the date or time of its 

4 transmission that is obtained without review of the 

5 substance of the electronic communication. 

6 ‘‘(e) EXISTING PROGRAMS SUBJECT TO THIS

7 TITLE.— 

8 ‘‘(1) IN GENERAL.—The Attorney General shall 

9 submit an application to the Foreign Intelligence 

10 Surveillance Court for any electronic surveillance 

11 program to obtain foreign intelligence information or 

12 to protect against international terrorism or clandes13 tine intelligence activities. 

14 ‘‘(2) EXISTING PROGRAMS.—Not later than 45 

15 days after the date of enactment of this title, the At16 torney General shall submit an application under 

17 this title for approval of the electronic surveillance 

18 program sometimes referred to as the ‘Terrorist 

19 Surveillance Program’ and discussed by the Attorney 

20 General before the Committee on the Judiciary of 

21 the United States Senate on February 6, 2006. Not 

22 later than 120 days after the date of enactment of 

23 this title, the Attorney General shall submit applica24 tions under this title for approval of any other elec25 tronic surveillance program in existence on the date 


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1 of enactment of this title that has not been sub2 mitted to the Foreign Intelligence Surveillance 

3 Court.’’. 

4 SEC. 5. APPLICATIONS FOR APPROVAL OF ELECTRONIC 

5 SURVEILLANCE PROGRAMS. 

6 Title VII of the Foreign Intelligence Surveillance Act 

7 of 1978, as amended by section 4, is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 703. APPLICATIONS FOR APPROVAL OF ELECTRONIC 

10 SURVEILLANCE PROGRAMS. 

11 ‘‘(a) IN GENERAL.—Each application for approval of 

12 an electronic surveillance program under this title shall— 

13 ‘‘(1) be made by the Attorney General; 

14 ‘‘(2) include a statement of the authority con15 ferred on the Attorney General by the President of 

16 the United States; 

17 ‘‘(3) include a statement setting forth the legal 

18 basis for the conclusion by the Attorney General 

19 that the electronic surveillance program is consistent 

20 with the requirements of the Constitution of the 

21 United States; 

22 ‘‘(4) certify that the information sought cannot 

23 reasonably be obtained by conventional investigative 

24 techniques or through an application under section 

25 104; 


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1 ‘‘(5) include the name, if known, identity, or de2 scription of the foreign power or agent of a foreign 

3 power seeking to commit an act of international ter4 rorism or clandestine intelligence activities against 

5 the United States that the electronic surveillance 

6 program seeks to monitor or detect; 

7 ‘‘(6) include a statement of the means and 

8 operational procedures by which the surveillance will 

9 be executed and effected; 

10 ‘‘(7) include a statement of the facts and cir11 cumstances relied upon by the Attorney General to 

12 justify the belief that at least 1 of the participants 

13 in the communications to be intercepted by the elec14 tronic surveillance program will be the foreign power 

15 or agent of a foreign power that is specified under 

16 paragraph (5), or a person who has had communica17 tion with the foreign power or agent of a foreign 

18 power that is specified under paragraph (5), and is 

19 seeking to commit an act of international terrorism 

20 or clandestine intelligence activities against the 

21 United States; 

22 ‘‘(8) include a statement of the proposed mini23 mization procedures; 

24 ‘‘(9) include a detailed description of the nature 

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1 nication to be intercepted by the electronic surveil2 lance program; 

3 ‘‘(10) include an estimate of the number of 

4 communications to be intercepted by the electronic 

5 surveillance program during the requested authoriza6 tion period; 

7 ‘‘(11) specify the date that the electronic sur8 veillance program that is the subject of the applica9 tion was initiated, if it was initiated before submis10 sion of the application; 

11 ‘‘(12) certify that any electronic surveillance of 

12 a person in the United States under this title shall 

13 cease 45 days after the date of the authorization, 

14 unless the Government has obtained judicial author15 ization for continued surveillance of the person in 

16 the United States under section 104 or another Fed17 eral statute; 

18 ‘‘(13) include a statement of the facts con19 cerning all previous applications that have been 

20 made to the Foreign Intelligence Surveillance Court 

21 under this title involving the electronic surveillance 

22 program in the application, including the minimiza23 tion procedures and the means and operational pro24 cedures proposed, and the Foreign Intelligence SurVerDate Aug 31 2005 16:51 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2453.IS S2453

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1 veillance Court’s decision on each previous applica2 tion; and 

3 ‘‘(14) include a statement of the facts con4 cerning the implementation of the electronic surveil5 lance program described in the application, includ6 ing, for any period of operation of the program au7 thorized at least 45 days prior to the date of submis8 sion of the application— 

9 ‘‘(A) the minimization procedures imple10 mented; 

11 ‘‘(B) the means and operational procedures 

12 by which the surveillance was executed and ef13 fected; 

14 ‘‘(C) the number of communications sub15 jected to the electronic surveillance program; 

16 ‘‘(D) the identity, if known, or a descrip17 tion of any United States person whose commu18 nications sent or received in the United States 

19 were intercepted by the electronic surveillance 

20 program; and 

21 ‘‘(E) a description of the foreign intel22 ligence information obtained through the elec23 tronic surveillance program. 

24 ‘‘(b) ADDITIONAL INFORMATION.—The Foreign In25 telligence Surveillance Court may require the Attorney 


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1 General to furnish such other information as may be nec2 essary to make a determination under section 704.’’. 

3 SEC. 6. APPROVAL OF ELECTRONIC SURVEILLANCE PRO4 GRAMS. 

5 Title VII of the Foreign Intelligence Surveillance Act 

6 of 1978, as amended by section 5, is amended by adding 

7 at the end the following: 

8 ‘‘SEC. 704. APPROVAL OF ELECTRONIC SURVEILLANCE 

9 PROGRAMS. 

10 ‘‘(a) NECESSARY FINDINGS.—Upon receipt of an ap11 plication under section 703, the Foreign Intelligence Sur12 veillance Court shall enter an ex parte order as requested, 

13 or as modified, approving the electronic surveillance pro14 gram if it finds that— 

15 ‘‘(1) the President has authorized the Attorney 

16 General to make the application for electronic sur17 veillance for foreign intelligence information; 

18 ‘‘(2) approval of the electronic surveillance pro19 gram in the application is consistent with the duty 

20 of the Foreign Intelligence Surveillance Court to up21 hold the Constitution of the United States; 

22 ‘‘(3) there is probable cause to believe that the 

23 electronic surveillance program will intercept com24 munications of the foreign power or agent of a for25 eign power specified in the application, or a person 


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1 who has had communication with the foreign power 

2 or agent of a foreign power that is specified in the 

3 application and is seeking to commit an act of inter4 national terrorism or clandestine intelligence activi5 ties against the United States; 

6 ‘‘(4) the proposed minimization procedures 

7 meet the definition of minimization procedures 

8 under section 101(h); 

9 ‘‘(5) the application contains all statements and 

10 certifications required by section 703; and 

11 ‘‘(6) an evaluation of the implementation of the 

12 electronic surveillance program, as described in sub13 section (b), supports approval of the application. 

14 ‘‘(b) EVALUATION OF THE IMPLEMENTATION OF THE

15 ELECTRONIC SURVEILLANCE PROGRAM.—In determining 

16 whether the implementation of the electronic surveillance 

17 program supports approval of the application for purposes 

18 of subsection (a)(6), the Foreign Intelligence Surveillance 

19 Court shall consider the performance of the electronic sur20 veillance program for at least 3 previously authorized peri21 ods, to the extent such information is available, and 

22 shall— 

23 ‘‘(1) evaluate whether the electronic surveillance 

24 program has been implemented in accordance with 


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1 the proposal by the Federal Government by com2 paring— 

3 ‘‘(A) the minimization procedures proposed 

4 with the minimization procedures implemented; 

5 ‘‘(B) the nature of the information sought 

6 with the nature of the information obtained; 

7 and 

8 ‘‘(C) the means and operational procedures 

9 proposed with the means and operational proce10 dures implemented; 

11 ‘‘(2) consider the number of communications 

12 intercepted by the electronic surveillance program 

13 and the length of time the electronic surveillance 

14 program has been in existence; and 

15 ‘‘(3) consider the effectiveness of the electronic 

16 surveillance program, as reflected by the foreign in17 telligence information obtained.’’. 

18 SEC. 7. CONGRESSIONAL OVERSIGHT. 

19 Title VII of the Foreign Intelligence Surveillance Act 

20 of 1978, as amended by section 6, is amended by adding 

21 at the end the following: 

22 ‘‘SEC. 705. CONGRESSIONAL OVERSIGHT. 

23 ‘‘(a) IN GENERAL.—The President shall submit to 

24 each member of the congressional intelligence committees 

25 (or any subcommittee thereof designated for oversight of 


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1 electronic surveillance programs under this title) a report 

2 on the management and operational details of the elec3 tronic surveillance program generally and on any specific, 

4 surveillance conducted under the electronic surveillance 

5 program whenever requested by either of the committees, 

6 or any such subcommittee, as applicable. 

7 ‘‘(b) SEMI-ANNUAL REPORTS.— 

8 ‘‘(1) IN GENERAL.—In addition to any reports 

9 required under subsection (a), the President shall, 

10 not later than 6 months after the date of enactment 

11 of this Act and every 6 months thereafter, fully in12 form each member of the congressional intelligence 

13 committees (or any subcommittee thereof designated 

14 for oversight of electronic surveillance programs 

15 under this title) on all electronic surveillance con16 ducted under the electronic surveillance program. 

17 ‘‘(2) CONTENTS.—Each report under para18 graph (1) shall include the following: 

19 ‘‘(A) A complete discussion of the manage20 ment, operational details, effectiveness, and ne21 cessity of the electronic surveillance program 

22 generally, and of the management, operational 

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1 gram, during the 6-month period ending on the 

2 date of such report. 

3 ‘‘(B) The total number of targets of elec4 tronic surveillance commenced or continued 

5 under the electronic surveillance program. 

6 ‘‘(C) The total number of United States 

7 persons targeted for electronic surveillance 

8 under the electronic surveillance program. 

9 ‘‘(D) The total number of targets of elec10 tronic surveillance under the electronic surveil11 lance program for which an application was 

12 submitted under section 104 for an order under 

13 section 105 approving electronic surveillance, 

14 and, of such applications, the total number ei15 ther granted, modified, or denied. 

16 ‘‘(E) Any other information specified, in 

17 writing, to be included in such report by the 

18 congressional intelligence committees or any 

19 subcommittees thereof designated for oversight 

20 of the electronic surveillance program. 

21 ‘‘(F) A description of the nature of the in22 formation sought under the electronic surveil23 lance program, the types of communications 

24 subjected to such program, and whether the in25 formation sought under such program could be 


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1 reasonably obtained by less intrusive investiga2 tive techniques in a timely and effective man3 ner. 

4 ‘‘(c) FORM OF REPORTS.—Any report or information 

5 submitted under this section shall be submitted in classi6 fied form.’’. 

7 SEC. 8. EMERGENCY AUTHORIZATION. 

8 Title VII of the Foreign Intelligence Surveillance Act 

9 of 1978, as amended by section 6, is amended by adding 

10 at the end the following: 

11 ‘‘SEC. 706. EMERGENCY AUTHORIZATION. 

12 ‘‘Notwithstanding any other provision of law, the 

13 President, through the Attorney General, may authorize 

14 electronic surveillance without a court order under this 

15 title to, acquire foreign intelligence information for a pe16 riod not to exceed 45 days following a declaration of war 

17 by Congress.’’. 

18 SEC. 9. CONFORMING AMENDMENT. 

19 The table of contents for the Foreign Intelligence 

20 Surveillance Act of 1978 is amended by striking the items 

21 related to title VII and section 701 and inserting the fol22 lowing: 

‘‘TITLE VII—ELECTRONIC SURVEILLANCE 

‘‘Sec. 701. Definitions. 

‘‘Sec. 702. Foreign Intelligence Surveillance Court jurisdiction to review electronic surveillance programs. 

‘‘Sec. 703. Applications for approval of electronic surveillance programs. 

‘‘Sec. 704. Approval of electronic surveillance programs. 

‘‘Sec. 705. Congressional oversight. 


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‘‘Sec. 706. Emergency Authorization. 

‘‘TITLE VIII—EFFECTIVE DATE 

‘‘Sec. 801. Effective date.’’. 

Æ 


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