II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Foreign Intelligence 

3 Surveillance Improvement and Enhancement Act of 

4 2006’’. 

5 TITLE I—CONSTRUCTION OF 

6 FOREIGN INTELLIGENCE 

7 SURVEILLANCE AUTHORITY 

8 SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF 

9 TITLE 18, UNITED STATES CODE, AND FOR10 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

11 1978 AS EXCLUSIVE MEANS BY WHICH DOMES12 TIC ELECTRONIC SURVEILLANCE MAY BE 

13 CONDUCTED. 

14 (a) EXCLUSIVE MEANS.—Notwithstanding any other 

15 provision of law, chapters 119, 121, and 206 of title 18, 

16 United States Code, and the Foreign Intelligence Surveil17 lance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the 

18 exclusive means by which electronic surveillance may be 

19 conducted on a United States person in the United States. 

20 (b) AMENDMENT TO FOREIGN INTELLIGENCE SUR21 VEILLANCE ACT OF 1978.—Section 109(a) of the Foreign 

22 Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) 

23 is amended by striking ‘‘authorized by statute’’ each place 

24 it appears and inserting ‘‘authorized by this title or chap25 ter 119, 121 or 206 of title 18, United States Code’’. 


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1 (c) AMENDMENT TO TITLE 18, UNITED STATES

2 CODE.—Section 2511(2)(a)(ii)(B) of title 18, United 

3 States Code, is amended by striking ‘‘statutory require4 ments’’ and inserting ‘‘requirements under the Foreign In5 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

6 seq.), this chapter, or chapters 121 or 206 of this title’’. 

7 SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY 

8 REPEAL OR MODIFICATION OF TITLE I OF 

9 THE FOREIGN INTELLIGENCE SURVEIL10 LANCE ACT OF 1978. 

11 (a) IN GENERAL.—Title I of the Foreign Intelligence 

12 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 

13 amended by inserting after section 109 the following new 

14 section: 

15 ‘‘SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL

16 OR MODIFICATION OF TITLE

17 ‘‘SEC. 109A. No provision of law shall be construed 

18 to implicitly repeal or modify this title or any provision 

19 thereof, nor shall any provision of law be deemed to repeal 

20 or modify this title in any manner unless such provision 

21 of law, if enacted after the date of the enactment of the 

22 Foreign Intelligence Surveillance Improvement and En23 hancement Act of 2006, expressly amends or otherwise 

24 specifically cites this title.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for that Act is amended by inserting after the item relat3 ing to section 109 the following new item: 

‘‘Sec. 109A. Specific authorization required for any repeal or modification of 

title.’’. 

4 SEC. 103. PROHIBITION ON USE OF FUNDS FOR ELEC5 TRONIC SURVEILLANCE NOT AUTHORIZED 

6 BY LAW. 

7 Commencing on the effective date of this Act, no 

8 funds appropriated or otherwise made available by any Act 

9 may be obligated or expended to conduct electronic surveil10 lance (as defined in section 101(f) of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1801(f)), ex12 cept in accordance with the provisions of law as follows: 

13 (1) Title I of the Foreign Intelligence Surveil14 lance Act of 1978 (50 U.S.C. 1801 et seq.). 

15 (2) Title IV of the Foreign Intelligence Surveil16 lance Act of 1978 (50 U.S.C. 1841 et seq). 

17 (3) Chapter 119 of title 18, United States 

18 Code. 

19 (4) Chapter 121 of title 18, United States 

20 Code. 

21 (5) Chapter 206 of title 18, United States 

22 Code. 


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1 SEC. 104. INFORMATION FOR CONGRESS ON THE TER2 RORIST SURVEILLANCE PROGRAM AND SIMI3 LAR PROGRAMS. 

4 As soon as practicable after the date of the enactment 

5 of this Act, but not later than seven days after such date, 

6 the President shall brief and inform each member of the 

7 congressional intelligence committees on the following: 

8 (1) The Terrorist Surveillance Program of the 

9 National Security Agency. 

10 (2) Any program which involves, whether in 

11 part or in whole, the electronic surveillance of 

12 United States persons in the United States for for13 eign intelligence purposes, and which is conducted 

14 by any department, agency, or other element of the 

15 United States Government, or by any entity at the 

16 direction of a department, agency, or other element 

17 of the United States Government, without fully com18 plying with the procedures set forth in the Foreign 

19 Intelligence Surveillance Act of 1978 (50 U.S.C. 

20 1801 et seq.) or chapter 119, 121, or 206 of title 

21 18, United States Code. 


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1 TITLE II—APPLICATIONS AND 

2 PROCEDURES FOR ELEC3 TRONIC SURVEILLANCE FOR 

4 FOREIGN INTELLIGENCE 

5 PURPOSES 

6 SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR 

7 ORDERS FOR EMERGENCY ELECTRONIC SUR8 VEILLANCE. 

9 Section 105(f) of the Foreign Intelligence Surveil10 lance Act of 1978 (50 U.S.C. 1805(f)) is amended by 

11 striking ‘‘72 hours’’ both places it appears and inserting 

12 ‘‘168 hours’’. 

13 SEC. 202. DELEGATION OF AUTHORITY TO APPROVE APPLI14 CATIONS FOR ELECTRONIC SURVEILLANCE. 

15 (a) IN GENERAL.—Section 104 of the Foreign Intel16 ligence Surveillance Act of 1978 (50 U.S.C. 1804) is 

17 amended— 

18 (1) in subsection (a), by striking ‘‘Attorney 

19 General based upon his finding’’ and inserting ‘‘At20 torney General (or a delegee of the Attorney General 

21 under subsection (f)) based upon a finding’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(f) The Attorney General may delegate the authority 

25 to approve an application under this section for an order 


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1 approving electronic surveillance under this title to each 

2 of the following: 

3 ‘‘(1) The Deputy Attorney General. 

4 ‘‘(2) The Assistant Attorney General for Na5 tional Security.’’. 

6 (b) CONFORMING AMENDMENT.—Section 102(b) of 

7 such Act (50 U.S.C. 1802(b)) is amended by inserting 

8 ‘‘(or delegee of the Attorney General under section 

9 104(f))’’ after ‘‘Attorney General’’. 

10 SEC. 203. ADDITIONAL AUTHORITY FOR EMERGENCY ELEC11 TRONIC SURVEILLANCE. 

12 Section 105 of the Foreign Intelligence Surveillance 

13 Act of 1978 (50 U.S.C. 1805) is amended— 

14 (1) by redesignating subsections (g), (h), (i), 

15 and (j) as subsections (h), (i), (j), and (k), respec16 tively; and 

17 (2) by inserting after subsection (f) the fol18 lowing new subsection (g): 

19 ‘‘(g)(1)(A) Notwithstanding any other provision of 

20 this title and subject to the provisions of this subsection, 

21 the Attorney General may, with the concurrence of the Di22 rector of National Intelligence, appoint appropriate super23 visory or executive personnel within the Federal Bureau 

24 of Investigation and the National Security Agency to au25 thorize electronic surveillance on a United States person 


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1 in the United States on an emergency basis pursuant to 

2 the provisions of this subsection. 

3 ‘‘(B) For purposes of this subsection, an intelligence 

4 agent or employee acting under the supervision of a super5 visor or executive appointed under subparagraph (A) may 

6 conduct emergency electronic surveillance under this sub7 section if such supervisor or executive reasonably deter8 mines that— 

9 ‘‘(i) an emergency situation exists with respect 

10 to the employment of electronic surveillance to ob11 tain foreign intelligence information before an order 

12 authorizing such surveillance can with due diligence 

13 be obtained; and 

14 ‘‘(ii) the factual basis exists for the issuance of 

15 an order approving such surveillance under this title. 

16 ‘‘(2) The supervisors and executives appointed by the 

17 Attorney General under paragraph (1) may only be offi18 cials as follows: 

19 ‘‘(A) In the case of the Federal Bureau of In20 vestigation, officials at or above the level of Special 

21 Agent in Charge. 

22 ‘‘(B) In the case of the National Security Agen23 cy, officials at or above the level of head of branch 

24 of the National Security Agency. 


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1 ‘‘(3) A supervisor or executive responsible for the 

2 emergency employment of electronic surveillance under 

3 this subsection shall submit to the Attorney General (and, 

4 if authorized by the Attorney General, to the Deputy At5 torney General and the Assistant Attorney General for 

6 National Security) a request for approval of the surveil7 lance within 24 hours of the commencement of the surveil8 lance. The request shall set forth the ground for the belief 

9 specified in paragraph (1), together with such other infor10 mation as the Attorney General shall require. 

11 ‘‘(4)(A) The review of a request under paragraph (3) 

12 shall be completed by the official concerned under that 

13 paragraph as soon as practicable, but not more than 72 

14 hours after the commencement of the electronic surveil15 lance concerned under paragraph (1). 

16 ‘‘(B)(i) If the official concerned determines that the 

17 electronic surveillance does not meet the requirements of 

18 paragraph (1), the surveillance shall terminate imme19 diately and may not be recommenced by any supervisor 

20 or executive appointed under paragraph (1), or any agent 

21 or employee acting under the supervision of such super22 visor or executive, absent additional facts or changes in 

23 circumstances that lead a supervisor or executive ap24 pointed under paragraph (1) to reasonably believe that the 

25 requirements of paragraph (1) are satisfied. 


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1 ‘‘(ii) In the event of a determination under clause (i), 

2 the Attorney General shall not be required, under section 

3 106(j), to notify any United States person of the fact that 

4 the electronic surveillance covered by such determination 

5 was conducted before the termination of the surveillance 

6 under that clause. However, the official making such de7 termination shall notify the court established by section 

8 103(a) of such determination, and shall also provide notice 

9 of such determination in the first report that is submitted 

10 under section 108(a) after such determination is made. 

11 ‘‘(C) If the official concerned determines that the sur12 veillance meets the requirements of subsection (f), the sur13 veillance may continue, subject to the requirements of 

14 paragraph (5). 

15 ‘‘(5)(A) An application in accordance with this title 

16 shall be made to a judge having jurisdiction under section 

17 103 as soon as practicable but not more than 168 hours 

18 after the commencement of electronic surveillance under 

19 paragraph (1). 

20 ‘‘(B) In the absence of a judicial order approving 

21 electronic surveillance commenced under paragraph (1), 

22 the surveillance shall terminate at the earlier of— 

23 ‘‘(i) when the information sought is obtained; or 


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1 ‘‘(ii) when the application under subparagraph 

2 (A) for an order approving the surveillance is de3 nied; or 

4 ‘‘(iii) 168 hours after the commencement of the 

5 surveillance. 

6 ‘‘(C) If an application under subparagraph (A) for 

7 an order approving electronic surveillance commenced 

8 under paragraph (1) is denied, or in any other case in 

9 which the surveillance is terminated and no order approv10 ing the surveillance is issued by a court, the use of infor11 mation obtained or evidence derived from the surveillance 

12 shall be governed by the provisions of subsection (f). 

13 ‘‘(D) The denial of an application submitted under 

14 subparagraph (A) may be reviewed as provided in section 

15 103. 

16 ‘‘(6) Any person who engages in the emergency em17 ployment of electronic surveillance under paragraph (1) 

18 shall follow the minimization procedures otherwise re19 quired by this title for the issuance of a judicial order ap20 proving the conduct of electronic surveillance. 

21 ‘‘(7) Not later than 30 days after appointing super22 visors and executives under paragraph (1) to authorize the 

23 exercise of authority in that paragraph, the Attorney Gen24 eral, in consultation with the Director of National Intel25 ligence, shall submit to the Foreign Intelligence SurveilVerDate Aug 31 2005 04:33 Sep 14, 2006 Jkt 049196 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S3001.RS S3001

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1 lance Court and the congressional intelligence committees, 

2 and bring up to date as required, a report that— 

3 ‘‘(A) identifies the number of supervisors and 

4 executives who have been so appointed and the posi5 tions held by such supervisors and executives; and 

6 ‘‘(B) sets forth guidelines or other directives 

7 that describe the responsibilities of such supervisors 

8 and executives under this subsection.’’. 

9 SEC. 204. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

10 MATTERS. 

11 (a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 

12 103(a) of the Foreign Intelligence Surveillance Act of 

13 1978 (50 U.S.C. 1803(a)) is amended— 

14 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

15 (2) by designating the second sentence as para16 graph (4) and indenting such paragraph, as so des17 ignated, two ems from the left margin; and 

18 (3) by inserting after paragraph (1), as so des19 ignated, the following new paragraph: 

20 ‘‘(2) In addition to the judges designated under para21 graph (1), the Chief Justice of the United States may des22 ignate as judges of the court established by paragraph (1) 

23 such judges appointed under Article III of the Constitu24 tion of the United States as the Chief Justice determines 

25 appropriate in order to provide for the prompt and timely 


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1 consideration under section 105 of applications under sec2 tion 104 for electronic surveillance under this title. Any 

3 judge designated under this paragraph shall be designated 

4 publicly.’’. 

5 (b) CONSIDERATION OF EMERGENCY APPLICA6 TIONS.—Such section is further amended by inserting 

7 after paragraph (2), as added by subsection (a)(3) of this 

8 section, the following new paragraph: 

9 ‘‘(3) A judge of the court shall make a determination 

10 to approve, deny, or seek modification of an application 

11 submitted pursuant to section subsection (f) or (g) of sec12 tion 105 not later than 24 hours after the receipt of such 

13 application by the court.’’. 

14 SEC. 205. DOCUMENT MANAGEMENT SYSTEM FOR APPLICA15 TIONS FOR ORDERS APPROVING ELEC16 TRONIC SURVEILLANCE. 

17 (a) SYSTEM REQUIRED.—The Attorney General 

18 shall, in consultation with the Director of the Federal Bu19 reau of Investigation, the Director of the National Secu20 rity Agency, and the Foreign Intelligence Surveillance 

21 Court, develop and implement a secure, classified docu22 ment management system that permits the prompt prepa23 ration, modification, and review by appropriate personnel 

24 of the Department of Justice, the Federal Bureau of In25 vestigation, the National Security Agency, and other appliVerDate Aug 31 2005 04:33 Sep 14, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S3001.RS S3001

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1 cable elements of the United States Government of appli2 cations under section 104 of the Foreign Intelligence Sur3 veillance Act of 1978 (50 U.S.C. 1804) before their sub4 mittal to the Foreign Intelligence Surveillance Court. 

5 (b) SCOPE OF SYSTEM.—The document management 

6 system required by subsection (a) shall— 

7 (1) permit and facilitate the prompt submittal 

8 of applications to the Foreign Intelligence Surveil9 lance Court under section 104 or 105(g)(5) of the 

10 Foreign Intelligence Surveillance Act of 1978; and 

11 (2) permit and facilitate the prompt transmittal 

12 of rulings of the Foreign Intelligence Surveillance 

13 Court to personnel submitting applications described 

14 in paragraph (1). 

15 SEC. 206. ADDITIONAL PERSONNEL FOR PREPARATION 

16 AND CONSIDERATION OF APPLICATIONS FOR 

17 ORDERS APPROVING ELECTRONIC SURVEIL18 LANCE. 

19 (a) OFFICE OF INTELLIGENCE POLICY AND RE20 VIEW.— 

21 (1) ADDITIONAL PERSONNEL.—The Office of 

22 Intelligence Policy and Review of the Department of 

23 Justice is hereby authorized such additional per24 sonnel, including not fewer than 21 full-time attor25 neys, as may be necessary to carry out the prompt 


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1 and timely preparation, modification, and review of 

2 applications under section 104 of the Foreign Intel3 ligence Surveillance Act of 1978 (50 U.S.C. 1804) 

4 for orders under section 105 of that Act (50 U.S.C. 

5 1805) approving electronic surveillance for foreign 

6 intelligence purposes. 

7 (2) ASSIGNMENT.—The Attorney General shall 

8 assign personnel authorized by paragraph (1) to and 

9 among appropriate offices of the National Security 

10 Agency in order that such personnel may directly as11 sist personnel of the Agency in preparing applica12 tions described in that paragraph. 

13 (b) FEDERAL BUREAU OF INVESTIGATION.— 

14 (1) ADDITIONAL LEGAL AND OTHER PER15 SONNEL.—The National Security Branch of the 

16 Federal Bureau of Investigation is hereby authorized 

17 such additional legal and other personnel as may be 

18 necessary to carry out the prompt and timely prepa19 ration of applications under section 104 of the For20 eign Intelligence Surveillance Act of 1978 for orders 

21 under section 105 of that Act approving electronic 

22 surveillance for foreign intelligence purposes. 

23 (2) ASSIGNMENT.—The Director of the Federal 

24 Bureau of Investigation shall assign personnel au25 thorized by paragraph (1) to and among the field ofVerDate Aug 31 2005 04:33 Sep 14, 2006 Jkt 049196 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S3001.RS S3001

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1 fices of the Federal Bureau of Investigation in order 

2 that such personnel may directly assist personnel of 

3 the Bureau in such field offices in preparing applica4 tions described in that paragraph. 

5 (c) ADDITIONAL LEGAL AND OTHER PERSONNEL

6 FOR NATIONAL SECURITY AGENCY.—The National Secu7 rity Agency is hereby authorized such additional legal and 

8 other personnel as may be necessary to carry out the 

9 prompt and timely preparation of applications under sec10 tion 104 of the Foreign Intelligence Surveillance Act of 

11 1978 for orders under section 105 of that Act approving 

12 electronic surveillance for foreign intelligence purposes. 

13 (d) ADDITIONAL LEGAL AND OTHER PERSONNEL

14 FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

15 There is hereby authorized for the Foreign Intelligence 

16 Surveillance Court such additional staff personnel as may 

17 be necessary to facilitate the prompt and timely consider18 ation by that Court of applications under section 104 of 

19 the Foreign Intelligence Surveillance Act of 1978 for or20 ders under section 105 of that Act approving electronic 

21 surveillance for foreign intelligence purposes. Personnel 

22 authorized by this paragraph shall perform such duties re23 lating to the consideration of such applications as that 

24 Court shall direct. 


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1 (e) SUPPLEMENT NOT SUPPLANT.—The personnel 

2 authorized by this section are in addition to any other per3 sonnel authorized by law. 

4 SEC. 207. REPORT ON PROCEDURES FOR APPLICATIONS 

5 FOR ORDERS APPROVING ELECTRONIC SUR6 VEILLANCE. 

7 (a) REVIEW.—The Attorney General shall, in con8 sultation with the Foreign Intelligence Surveillance Court 

9 and the Foreign Intelligence Surveillance Court of Review, 

10 review the procedures applicable to the submittal under 

11 section 104 of the Foreign Intelligence Surveillance Act 

12 of 1978 (50 U.S.C. 1804) of applications for orders under 

13 section 105 of that Act (50 U.S.C. 1805) approving elec14 tronic surveillance for foreign intelligence purposes. 

15 (b) ELEMENTS.—The review required by subsection 

16 (a) shall address the following: 

17 (1) The procedures described in subsection (a). 

18 (2) The requirements, if any, under such proce19 dures that impose recurring, undue impediments on 

20 the submittal to the Foreign Intelligence Surveil21 lance Court of applications described in subsection 

22 (a), including requirements for the submittal of in23 formation that is unnecessary for that Court in its 

24 consideration of such applications. 


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1 (3) A determination of recommendations for 

2 legislative or administrative action in light of the 

3 matters addressed under paragraphs (1) and (2). 

4 (4) The average length of time, over the pre5 vious calendar year, between— 

6 (A) the submittal of a request or rec7 ommendation by a Federal officer to the De8 partment of Justice for an application under 

9 section 104 of the Foreign Intelligence Surveil10 lance Act of 1978 for an order under section 

11 105 of that Act; and 

12 (B) the decision of the Department of Jus13 tice on such request or recommendation. 

14 (5) The requirements imposed by the Depart15 ment of Justice in determining whether to submit an 

16 application under section 104 of the Foreign Intel17 ligence Surveillance Act of 1978 for an order under 

18 section 105 of that Act. 

19 (c) MODIFICATION OF PROCEDURES.— 

20 (1) IN GENERAL.—If the Attorney General de21 termines as a result of the review required by sub22 section (a) that the procedures described in that 

23 subsection should be modified, including modifica24 tion to address requirements described by subsection 

25 (b)(2), the Attorney General shall prescribe in reguVerDate Aug 31 2005 04:33 Sep 14, 2006 Jkt 049196 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S3001.RS S3001

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1 lations such modifications as the Attorney General 

2 considers appropriate. Such modification shall be 

3 consistent with the provisions of title I of the For4 eign Intelligence Surveillance Act of 1978 (50 

5 U.S.C. 1801 et seq.). 

6 (2) SCOPE.—Any procedures prescribed under 

7 paragraph (1) shall, to the extent practicable, apply 

8 uniformly among all elements of the Department of 

9 Justice, and among any other element of the United 

10 States Government, concerned with the submittal of 

11 applications under section 104 of the Foreign Intel12 ligence Surveillance Act of 1978 for orders under 

13 section 105 of that Act approving electronic surveil14 lance for foreign intelligence purposes. 

15 (d) REPORT.—Not later than 90 days after the effec16 tive date of this Act, the Attorney General shall submit 

17 to the Committee on the Judiciary and the Select Com18 mittee on Intelligence of the Senate and the Committee 

19 the Judiciary and the Permanent Select Committee on In20 telligence of the House of Representatives a report setting 

21 forth the procedures applicable to applications under sec22 tion 104 of the Foreign Intelligence Surveillance Act of 

23 1978 for orders under section 105 of that Act approving 

24 electronic surveillance for foreign intelligence purposes, inVerDate Aug 31 2005 04:33 Sep 14, 2006 Jkt 049196 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\S3001.RS S3001

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1 cluding any modification to such procedures prescribed 

2 under subsection (c). 

3 SEC. 208. TRAINING OF FEDERAL BUREAU OF INVESTIGA4 TION AND NATIONAL SECURITY AGENCY PER5 SONNEL IN FOREIGN INTELLIGENCE SUR6 VEILLANCE MATTERS. 

7 The Director of the Federal Bureau of Investigation 

8 and the Director of the National Security Agency shall 

9 each, in consultation with the Attorney General— 

10 (1) develop regulations to establish procedures 

11 for conducting and seeking approval of electronic 

12 surveillance on an emergency basis, and for pre13 paring and properly submitting and receiving appli14 cations and orders, under sections 104 and 105 of 

15 the Foreign Intelligence Surveillance Act of 1978; 

16 and 

17 (2) prescribe related training for the personnel 

18 of the applicable agency. 

19 SEC. 209. ENHANCEMENT OF ELECTRONIC SURVEILLANCE 

20 AUTHORITY IN WARTIME. 

21 Section 111 of the Foreign Intelligence Surveillance 

22 Act of 1978 (50 U.S.C. 1811) is amended by striking ‘‘fol23 lowing a declaration of war by the Congress’’ and inserting 

24 ‘‘following any of the following: 

25 ‘‘(1) A declaration of war by the Congress. 


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1 ‘‘(2) An authorization for the use of military 

2 force within the meaning of section 2(c)(2) of the 

3 War Powers Resolution (50 U.S.C. 1541(c)(2)). 

4 ‘‘(3) A national emergency created by attack 

5 upon the United States, its territories or posses6 sions, or the Armed Forces within the meaning of 

7 section 2(c)(3) of the War Powers Resolution (50 

8 U.S.C. 1541(c)(3)).’’. 

9 TITLE III—OTHER MATTERS 

10 SEC. 301. DEFINITIONS. 

11 In this Act: 

12 (1) The term ‘‘congressional intelligence com13 mittees’’ means— 

14 (A) the Select Committee on Intelligence of 

15 the Senate; and 

16 (B) the Permanent Select Committee on 

17 Intelligence of the House of Representatives. 

18 (2) The term ‘‘Foreign Intelligence Surveillance 

19 Court’’ means the court established by section 

20 103(a) of the Foreign Intelligence Surveillance Act 

21 of 1978 (50 U.S.C. 1803(a)). 

22 (3) The term ‘‘Foreign Intelligence Surveillance 

23 Court of Review’’ means the court established by 

24 section 103(b) of the Foreign Intelligence Surveil25 lance Act of 1978 (50 U.S.C. 1803(b). 


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1 (4) The term ‘‘United States person’’ has the 

2 meaning given such term in section 101(i) of the 

3 Foreign Intelligence Surveillance Act of 1978 (50 

4 U.S.C. 1801(i)). 

5 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated such sums as 

7 may be necessary to carry out this Act and the amend8 ments made by this Act. 

9 SEC. 303. EFFECTIVE DATE. 

10 (a) IN GENERAL.—Except as provided in subsection 

11 (b), this Act, and the amendments made by this Act, shall 

12 take effect on the date that is 30 days after the date of 

13 the enactment of this Act. 

14 (b) INFORMATION ON TERRORIST SURVEILLANCE

15 PROGRAM.—Section 104 shall take effect on the date of 

16 the enactment of this Act. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Foreign Intelligence 

19 Surveillance Improvement and Enhancement Act of 2006’’. 


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1 TITLE I—CONSTRUCTION OF 

2 FOREIGN INTELLIGENCE SUR3 VEILLANCE AUTHORITY 

4 SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF 

5 TITLE 18, UNITED STATES CODE, AND FOR6 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

7 1978 AS EXCLUSIVE MEANS BY WHICH DOMES8 TIC ELECTRONIC SURVEILLANCE MAY BE 

9 CONDUCTED. 

10 (a) EXCLUSIVE MEANS.—Notwithstanding any other 

11 provision of law, chapters 119, 121, and 206 of title 18, 

12 United States Code, and the Foreign Intelligence Surveil13 lance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclu14 sive means by which electronic surveillance (as that term 

15 is defined in section 101(f) of the Foreign Intelligence Sur16 veillance Act of 1978 (50 U.S.C. 1801(f)) may be conducted. 

17 (b) AMENDMENT TO FOREIGN INTELLIGENCE SUR18 VEILLANCE ACT OF 1978.—Section 109(a) of the Foreign 

19 Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) 

20 is amended by striking ‘‘authorized by statute’’ each place 

21 it appears and inserting ‘‘authorized by this title or chapter 

22 119, 121 or 206 of title 18, United States Code’’. 

23 (c) AMENDMENT TO TITLE 18, UNITED STATES

24 CODE.—Section 2511(2)(a)(ii)(B) of title 18, United States 

25 Code, is amended by striking ‘‘statutory requirements’’ and 


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1 inserting ‘‘requirements under the Foreign Intelligence Sur2 veillance Act of 1978 (50 U.S.C. 1801 et seq.), this chapter, 

3 or chapters 121 or 206 of this title’’. 

4 SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY 

5 REPEAL OR MODIFICATION OF TITLE I OF 

6 THE FOREIGN INTELLIGENCE SURVEILLANCE 

7 ACT OF 1978. 

8 (a) IN GENERAL.—Title I of the Foreign Intelligence 

9 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amend10 ed by inserting after section 109 the following new section: 

11 ‘‘SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL

12 OR MODIFICATION OF TITLE

13 ‘‘SEC. 109A. No provision of law shall be construed 

14 to implicitly repeal or modify this title or any provision 

15 thereof, nor shall any provision of law be deemed to repeal 

16 or modify this title in any manner unless such provision 

17 of law, if enacted after the date of the enactment of the For18 eign Intelligence Surveillance Improvement and Enhance19 ment Act of 2006, expressly amends or otherwise specifically 

20 cites this title.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents for 

22 that Act is amended by inserting after the item relating 

23 to section 109 the following new item: 

‘‘Sec. 109A. Specific authorization required for any repeal or modification of 

title.’’. 


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1 SEC. 103. INFORMATION FOR CONGRESS ON THE TER2 RORIST SURVEILLANCE PROGRAM AND SIMI3 LAR PROGRAMS. 

4 As soon as practicable after the date of the enactment 

5 of this Act, but not later than seven days after such date, 

6 the President shall brief and inform each member of the 

7 congressional intelligence committees on the following: 

8 (1) The Terrorist Surveillance Program of the 

9 National Security Agency. 

10 (2) Any program which involves, whether in 

11 part or in whole, the electronic surveillance of United 

12 States persons in the United States for foreign intel13 ligence purposes, and which is conducted by any de14 partment, agency, or other element of the United 

15 States Government, or by any entity at the direction 

16 of a department, agency, or other element of the 

17 United States Government, without fully complying 

18 with the procedures set forth in the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

20 seq.) or chapter 119, 121, or 206 of title 18, United 

21 States Code. 


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1 TITLE II—APPLICATIONS AND 

2 PROCEDURES FOR ELEC3 TRONIC SURVEILLANCE FOR 

4 FOREIGN INTELLIGENCE PUR5 POSES 

6 SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR 

7 ORDERS FOR EMERGENCY ELECTRONIC SUR8 VEILLANCE. 

9 Section 105(f) of the Foreign Intelligence Surveillance 

10 Act of 1978 (50 U.S.C. 1805(f)) is amended by striking ‘‘72 

11 hours’’ both places it appears and inserting ‘‘168 hours’’. 

12 SEC. 202. DELEGATION OF AUTHORITY TO APPROVE APPLI13 CATIONS FOR ELECTRONIC SURVEILLANCE. 

14 (a) IN GENERAL.—Section 104 of the Foreign Intel15 ligence Surveillance Act of 1978 (50 U.S.C. 1804) is amend16 ed— 

17 (1) in subsection (a), by striking ‘‘Attorney Gen18 eral based upon his finding’’ and inserting ‘‘Attorney 

19 General (or a delegee of the Attorney General under 

20 subsection (f)) based upon a finding’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(f) The Attorney General may delegate the authority 

24 to approve an application under this section for an order 


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1 approving electronic surveillance under this title to each of 

2 the following: 

3 ‘‘(1) The Deputy Attorney General. 

4 ‘‘(2) The Assistant Attorney General for Na5 tional Security.’’. 

6 (b) CONFORMING AMENDMENT.—Section 102(b) of 

7 such Act (50 U.S.C. 1802(b)) is amended by inserting ‘‘(or 

8 delegee of the Attorney General under section 104(f))’’ after 

9 ‘‘Attorney General’’. 

10 SEC. 203. ADDITIONAL AUTHORITY FOR EMERGENCY ELEC11 TRONIC SURVEILLANCE. 

12 Section 105 of the Foreign Intelligence Surveillance 

13 Act of 1978 (50 U.S.C. 1805) is amended— 

14 (1) by redesignating subsections (g), (h), (i), and 

15 (j) as subsections (h), (i), (j), and (k), respectively; 

16 and 

17 (2) by inserting after subsection (f) the following 

18 new subsection (g): 

19 ‘‘(g)(1)(A) Notwithstanding any other provision of this 

20 title and subject to the provisions of this subsection, the At21 torney General may, with the concurrence of the Director 

22 of National Intelligence, appoint appropriate supervisory 

23 or executive personnel within the Federal Bureau of Inves24 tigation and the National Security Agency to authorize 

25 electronic surveillance on a United States person in the 


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1 United States on an emergency basis pursuant to the provi2 sions of this subsection. 

3 ‘‘(B) For purposes of this subsection, an intelligence 

4 agent or employee acting under the supervision of a super5 visor or executive appointed under subparagraph (A) may 

6 conduct emergency electronic surveillance under this sub7 section if such supervisor or executive reasonably deter8 mines that— 

9 ‘‘(i) an emergency situation exists with respect to 

10 the employment of electronic surveillance to obtain 

11 foreign intelligence information before an order au12 thorizing such surveillance can with due diligence be 

13 obtained; and 

14 ‘‘(ii) the factual basis exists for the issuance of 

15 an order approving such surveillance under this title. 

16 ‘‘(2) The supervisors and executives appointed by the 

17 Attorney General under paragraph (1) may only be officials 

18 as follows: 

19 ‘‘(A) In the case of the Federal Bureau of Inves20 tigation, officials at or above the level of Special 

21 Agent in Charge. 

22 ‘‘(B) In the case of the National Security Agen23 cy, officials at or above the level of head of branch of 

24 the National Security Agency. 


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1 ‘‘(3) A supervisor or executive responsible for the emer2 gency employment of electronic surveillance under this sub3 section shall submit to the Attorney General (and, if author4 ized by the Attorney General, to the Deputy Attorney Gen5 eral and the Assistant Attorney General for National Secu6 rity) a request for approval of the surveillance within 24 

7 hours of the commencement of the surveillance. The request 

8 shall set forth the ground for the belief specified in para9 graph (1), together with such other information as the At10 torney General shall require. 

11 ‘‘(4)(A) The review of a request under paragraph (3) 

12 shall be completed by the official concerned under that para13 graph as soon as practicable, but not more than 72 hours 

14 after the commencement of the electronic surveillance con15 cerned under paragraph (1). 

16 ‘‘(B)(i) If the official concerned determines that the 

17 electronic surveillance does not meet the requirements of 

18 paragraph (1), the surveillance shall terminate immediately 

19 and may not be recommenced by any supervisor or execu20 tive appointed under paragraph (1), or any agent or em21 ployee acting under the supervision of such supervisor or 

22 executive, absent additional facts or changes in cir23 cumstances that lead a supervisor or executive appointed 

24 under paragraph (1) to reasonably believe that the require25 ments of paragraph (1) are satisfied. 


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1 ‘‘(ii) In the event of a determination under clause (i), 

2 the Attorney General shall not be required, under section 

3 106(j), to notify any United States person of the fact that 

4 the electronic surveillance covered by such determination 

5 was conducted before the termination of the surveillance 

6 under that clause. However, the official making such deter7 mination shall notify the court established by section 103(a) 

8 of such determination, and shall also provide notice of such 

9 determination in the first report that is submitted under 

10 section 108(a) after such determination is made. 

11 ‘‘(C) If the official concerned determines that the sur12 veillance meets the requirements of subsection (f), the sur13 veillance may continue, subject to the requirements of para14 graph (5). 

15 ‘‘(5)(A) An application in accordance with this title 

16 shall be made to a judge having jurisdiction under section 

17 103 as soon as practicable but not more than 168 hours 

18 after the commencement of electronic surveillance under 

19 paragraph (1). 

20 ‘‘(B) In the absence of a judicial order approving elec21 tronic surveillance commenced under paragraph (1), the 

22 surveillance shall terminate at the earlier of— 

23 ‘‘(i) when the information sought is obtained; or 


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1 ‘‘(ii) when the application under subparagraph 

2 (A) for an order approving the surveillance is denied; 

3 or 

4 ‘‘(iii) 168 hours after the commencement of the 

5 surveillance, unless an application under subpara6 graph (A) is pending, in which case the surveillance 

7 may continue for up to an additional 24 hours while 

8 the judge has the application under advisement. 

9 ‘‘(C) If an application under subparagraph (A) for an 

10 order approving electronic surveillance commenced under 

11 paragraph (1) is denied, or in any other case in which the 

12 surveillance is terminated and no order approving the sur13 veillance is issued by a court, the use of information ob14 tained or evidence derived from the surveillance shall be 

15 governed by the provisions of subsection (f). 

16 ‘‘(D) The denial of an application submitted under 

17 subparagraph (A) may be reviewed as provided in section 

18 103. 

19 ‘‘(6) Any person who engages in the emergency em20 ployment of electronic surveillance under paragraph (1) 

21 shall follow the minimization procedures otherwise required 

22 by this title for the issuance of a judicial order approving 

23 the conduct of electronic surveillance. 

24 ‘‘(7) Not later than 30 days after appointing super25 visors and executives under paragraph (1) to authorize the 


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1 exercise of authority in that paragraph, the Attorney Gen2 eral, in consultation with the Director of National Intel3 ligence, shall submit to the Foreign Intelligence Surveil4 lance Court and the congressional intelligence committees, 

5 and bring up to date as required, a report that— 

6 ‘‘(A) identifies the number of supervisors and ex7 ecutives who have been so appointed and the positions 

8 held by such supervisors and executives; and 

9 ‘‘(B) sets forth guidelines or other directives that 

10 describe the responsibilities of such supervisors and 

11 executives under this subsection.’’. 

12 SEC. 204. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

13 MATTERS. 

14 (a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 

15 103(a) of the Foreign Intelligence Surveillance Act of 1978 

16 (50 U.S.C. 1803(a)) is amended— 

17 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

18 (2) in paragraph (1), as so designated, by insert19 ing ‘‘at least’’ before ‘‘seven of the United States judi20 cial circuits’’; 

21 (3) by designating the second sentence as para22 graph (4) and indenting such paragraph, as so des23 ignated, two ems from the left margin; and 

24 (4) by inserting after paragraph (1), as so des25 ignated, the following new paragraph: 


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1 ‘‘(2) In addition to the judges designated under para2 graph (1), the Chief Justice of the United States may des3 ignate as judges of the court established by paragraph (1) 

4 such judges appointed under Article III of the Constitution 

5 of the United States as the Chief Justice determines appro6 priate in order to provide for the prompt and timely consid7 eration under section 105 of applications under section 104 

8 for electronic surveillance under this title. Any judge des9 ignated under this paragraph shall be designated pub10 licly.’’. 

11 (b) CONSIDERATION OF EMERGENCY APPLICATIONS.— 

12 Such section is further amended by inserting after para13 graph (2), as added by subsection (a)(3) of this section, the 

14 following new paragraph: 

15 ‘‘(3) A judge of the court shall make a determination 

16 to approve, deny, or seek modification of an application 

17 submitted pursuant to section subsection (f) or (g) of section 

18 105 not later than 24 hours after the receipt of such appli19 cation by the court.’’. 

20 SEC. 205. DOCUMENT MANAGEMENT SYSTEM FOR APPLICA21 TIONS FOR ORDERS APPROVING ELECTRONIC 

22 SURVEILLANCE. 

23 (a) SYSTEM REQUIRED.—The Attorney General shall, 

24 in consultation with the Director of the Federal Bureau of 

25 Investigation, the Director of the National Security Agency, 


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1 and the Foreign Intelligence Surveillance Court, develop 

2 and implement a secure, classified document management 

3 system that permits the prompt preparation, modification, 

4 and review by appropriate personnel of the Department of 

5 Justice, the Federal Bureau of Investigation, the National 

6 Security Agency, and other applicable elements of the 

7 United States Government of applications under section 

8 104 of the Foreign Intelligence Surveillance Act of 1978 (50 

9 U.S.C. 1804) before their submittal to the Foreign Intel10 ligence Surveillance Court. 

11 (b) SCOPE OF SYSTEM.—The document management 

12 system required by subsection (a) shall— 

13 (1) permit and facilitate the prompt submittal of 

14 applications to the Foreign Intelligence Surveillance 

15 Court under section 104 or 105(g)(5) of the Foreign 

16 Intelligence Surveillance Act of 1978; and 

17 (2) permit and facilitate the prompt transmittal 

18 of rulings of the Foreign Intelligence Surveillance 

19 Court to personnel submitting applications described 

20 in paragraph (1). 

21 SEC. 206. ADDITIONAL PERSONNEL FOR PREPARATION AND 

22 CONSIDERATION OF APPLICATIONS FOR OR23 DERS APPROVING ELECTRONIC SURVEIL24 LANCE. 

25 (a) OFFICE OF INTELLIGENCE POLICY AND REVIEW.— 


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1 (1) ADDITIONAL PERSONNEL.—The Office of In2 telligence Policy and Review of the Department of 

3 Justice is hereby authorized such additional per4 sonnel, including not fewer than 21 full-time attor5 neys, as may be necessary to carry out the prompt 

6 and timely preparation, modification, and review of 

7 applications under section 104 of the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 1804) for 

9 orders under section 105 of that Act (50 U.S.C. 1805) 

10 approving electronic surveillance for foreign intel11 ligence purposes. 

12 (2) ASSIGNMENT.—The Attorney General shall 

13 assign personnel authorized by paragraph (1) to and 

14 among appropriate offices of the National Security 

15 Agency in order that such personnel may directly as16 sist personnel of the Agency in preparing applications 

17 described in that paragraph. 

18 (b) FEDERAL BUREAU OF INVESTIGATION.— 

19 (1) ADDITIONAL LEGAL AND OTHER PER20 SONNEL.—The National Security Branch of the Fed21 eral Bureau of Investigation is hereby authorized such 

22 additional legal and other personnel as may be nec23 essary to carry out the prompt and timely prepara24 tion of applications under section 104 of the Foreign 

25 Intelligence Surveillance Act of 1978 for orders under 


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1 section 105 of that Act approving electronic surveil2 lance for foreign intelligence purposes. 

3 (2) ASSIGNMENT.—The Director of the Federal 

4 Bureau of Investigation shall assign personnel au5 thorized by paragraph (1) to and among the field of6 fices of the Federal Bureau of Investigation in order 

7 that such personnel may directly assist personnel of 

8 the Bureau in such field offices in preparing applica9 tions described in that paragraph. 

10 (c) ADDITIONAL LEGAL AND OTHER PERSONNEL FOR

11 NATIONAL SECURITY AGENCY.—The National Security 

12 Agency is hereby authorized such additional legal and other 

13 personnel as may be necessary to carry out the prompt and 

14 timely preparation of applications under section 104 of the 

15 Foreign Intelligence Surveillance Act of 1978 for orders 

16 under section 105 of that Act approving electronic surveil17 lance for foreign intelligence purposes. 

18 (d) ADDITIONAL LEGAL AND OTHER PERSONNEL FOR

19 FOREIGN INTELLIGENCE SURVEILLANCE COURT.—There is 

20 hereby authorized for the Foreign Intelligence Surveillance 

21 Court such additional staff personnel as may be necessary 

22 to facilitate the prompt and timely consideration by that 

23 Court of applications under section 104 of the Foreign In24 telligence Surveillance Act of 1978 for orders under section 

25 105 of that Act approving electronic surveillance for foreign 


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1 intelligence purposes. Personnel authorized by this para2 graph shall perform such duties relating to the consider3 ation of such applications as that Court shall direct. 

4 (e) SUPPLEMENT NOT SUPPLANT.—The personnel au5 thorized by this section are in addition to any other per6 sonnel authorized by law. 

7 SEC. 207. TRAINING OF FEDERAL BUREAU OF INVESTIGA8 TION AND NATIONAL SECURITY AGENCY PER9 SONNEL IN FOREIGN INTELLIGENCE SUR10 VEILLANCE MATTERS. 

11 The Director of the Federal Bureau of Investigation 

12 and the Director of the National Security Agency shall each, 

13 in consultation with the Attorney General— 

14 (1) develop regulations to establish procedures for 

15 conducting and seeking approval of electronic surveil16 lance on an emergency basis, and for preparing and 

17 properly submitting and receiving applications and 

18 orders, under sections 104 and 105 of the Foreign In19 telligence Surveillance Act of 1978; and 

20 (2) prescribe related training for the personnel of 

21 the applicable agency. 

22 SEC. 208. ENHANCEMENT OF ELECTRONIC SURVEILLANCE 

23 AUTHORITY IN WARTIME. 

24 Section 111 of the Foreign Intelligence Surveillance 

25 Act of 1978 (50 U.S.C. 1811) is amended by striking ‘‘folVerDate Aug 31 2005 04:33 Sep 14, 2006 Jkt 049196 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\S3001.RS S3001

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1 lowing a declaration of war by the Congress’’ and inserting 

2 ‘‘following any of the following: 

3 ‘‘(1) A declaration of war by the Congress. 

4 ‘‘(2) An authorization for the use of military 

5 force within the meaning of section 2(c)(2) of the War 

6 Powers Resolution (50 U.S.C. 1541(c)(2)). 

7 ‘‘(3) A national emergency created by attack 

8 upon the United States, its territories or possessions, 

9 or the Armed Forces within the meaning of section 

10 2(c)(3) of the War Powers Resolution (50 U.S.C. 

11 1541(c)(3)).’’. 

12 TITLE III—FOREIGN-FOREIGN 

13 COMMUNICATIONS 

14 SEC. 301. ACQUISITION OF FOREIGN-FOREIGN COMMUNICA15 TIONS. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of this Act or the Foreign Intelligence Surveillance Act 

18 of 1978 (50 U.S.C. 1801 et seq.), no court order shall be 

19 required for the acquisition through electronic surveillance 

20 of the contents of any communication between one person 

21 who is not located within the United States and another 

22 person who is not located within the United States for the 

23 purpose of collecting foreign intelligence information even 

24 if such communication passes through, or the surveillance 

25 device is located within, the United States. 


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1 (b) TREATMENT OF INTERCEPTED COMMUNICATIONS

2 INVOLVING DOMESTIC PARTY.—If surveillance conducted as 

3 described in subsection (a) inadvertently collects a commu4 nication in which at least one party is within the United 

5 States, the contents of such communications shall be han6 dled in accordance with the minimization procedures set 

7 forth in section 101(h)(4) of the Foreign Intelligence Sur8 veillance Act of 1978 (50 U.S.C. 1801(h)(4)). 

9 (c) DEFINITIONS.—In this section, the terms ‘‘con10 tents’’, ‘‘electronic surveillance’’, and ‘‘foreign intelligence 

11 information’’ have the meaning given such terms in section 

12 101 of the Foreign Intelligence Surveillance Act of 1978 (50 

13 U.S.C. 1801). 

14 TITLE IV—OTHER MATTERS 

15 SEC. 401. DEFINITIONS. 

16 In this Act: 

17 (1) The term ‘‘congressional intelligence commit18 tees’’ means— 

19 (A) the Select Committee on Intelligence of 

20 the Senate; and 

21 (B) the Permanent Select Committee on In22 telligence of the House of Representatives. 

23 (2) The term ‘‘Foreign Intelligence Surveillance 

24 Court’’ means the court established by section 103(a) 


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1 of the Foreign Intelligence Surveillance Act of 1978 

2 (50 U.S.C. 1803(a)). 

3 (3) The term ‘‘Foreign Intelligence Surveillance 

4 Court of Review’’ means the court established by sec5 tion 103(b) of the Foreign Intelligence Surveillance 

6 Act of 1978 (50 U.S.C. 1803(b). 

7 (4) The term ‘‘United States person’’ has the 

8 meaning given such term in section 101(i) of the For9 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

10 1801(i)). 

11 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated such sums as 

13 may be necessary to carry out this Act and the amendments 

14 made by this Act. 

15 SEC. 403. EFFECTIVE DATE. 

16 Except as provided in section 103, this Act, and the 

17 amendments made by this Act, shall take effect on the date 

18 that is 30 days after the date of the enactment of this Act. 


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Calendar No. 610 

109TH CONGRESS 

2D SESSION S. 3001 

A BILL 

To ensure that all electronic surveillance of United 

for other purposes. eign Intelligence Surveillance Act of 1978, and orders, to streamline the procedures of the Forconducted pursuant to individualized court-issued States persons for foreign intelligence purposes is 

SEPTEMBER 13, 2006 

Reported with an amendment 


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