II 

110TH CONGRESS 

1ST SESSION S. 187 

To provide sufficient resources to permit electronic surveillance of United 

States persons for foreign intelligence purposes to be conducted pursuant 

to individualized court-issued orders for calls originating in the United 

States, to provide additional resources to enhance oversight and streamline the procedures of the Foreign Intelligence Surveillance Act of 1978, 

to ensure review of the Terrorist Surveillance Program by the United 

States Supreme Court, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

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

to the Committee on the Judiciary 

A BILL 

To provide sufficient resources to permit electronic surveillance of United States persons for foreign intelligence 

purposes to be conducted pursuant to individualized 

court-issued orders for calls originating in the United 

States, to provide additional resources to enhance oversight and streamline the procedures of the Foreign Intelligence Surveillance Act of 1978, to ensure review of 

the Terrorist Surveillance Program by the United States 

Supreme Court, 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 Oversight and Resource Enhancement Act of 

4 2007’’. 

5 TITLE I—ENHANCEMENT OF RE6 SOURCES AND PERSONNEL 

7 FOR ELECTRONIC SURVEIL8 LANCE FOR FOREIGN INTEL9 LIGENCE PURPOSES 

10 SEC. 101. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

11 MATTERS. 

12 (a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 

13 103(a) of the Foreign Intelligence Surveillance Act of 

14 1978 (50 U.S.C. 1803(a)) is amended— 

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

16 (2) in paragraph (1), as so designated, by in17 serting ‘‘at least’’ before ‘‘seven of the United States 

18 judicial circuits’’; 

19 (3) by designating the second sentence as para20 graph (4) and indenting such paragraph, as so des21 ignated, accordingly; and 

22 (4) by inserting after paragraph (1), as so des23 ignated, the following new paragraph: 

24 ‘‘(2) In addition to the judges designated under 

25 paragraph (1), the Chief Justice of the United 

26 States may designate as judges of the court estabVerDate Aug 31 2005 22:31 Jan 09, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S187.IS S187

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1 lished by paragraph (1) such judges appointed under 

2 Article III of the Constitution of the United States 

3 as the Chief Justice determines appropriate in order 

4 to provide for the prompt and timely consideration 

5 under section 105 of applications under section 104 

6 for electronic surveillance under this title. Any judge 

7 designated under this paragraph shall be designated 

8 publicly.’’. 

9 (b) CONSIDERATION OF EMERGENCY APPLICA10 TIONS.—Such section is further amended by inserting 

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

12 section, the following new paragraph: 

13 ‘‘(3) A judge of the court established by para14 graph (1) shall make a determination to approve, 

15 deny, or seek modification of an application sub16 mitted under subsection (f) or (g) of section 105 not 

17 later than 24 hours after the receipt of such applica18 tion by the court.’’. 

19 SEC. 102. ADDITIONAL PERSONNEL FOR PREPARATION 

20 AND CONSIDERATION OF APPLICATIONS FOR 

21 ORDERS APPROVING ELECTRONIC SURVEIL22 LANCE. 

23 (a) OFFICE OF INTELLIGENCE POLICY AND RE24 VIEW.— 


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1 (1) ADDITIONAL PERSONNEL.—The Office of 

2 Intelligence Policy and Review of the Department of 

3 Justice is authorized such additional personnel, in4 cluding not fewer than 21 full-time attorneys, as 

5 may be necessary to carry out the prompt and time6 ly preparation, modification, and review of applica7 tions under section 104 of the Foreign Intelligence 

8 Surveillance Act of 1978 (50 U.S.C. 1804) for or9 ders 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 applica17 tions described in that paragraph. 

18 (b) FEDERAL BUREAU OF INVESTIGATION.— 

19 (1) ADDITIONAL LEGAL AND OTHER PER20 SONNEL.—The National Security Branch of the 

21 Federal Bureau of Investigation is 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 


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1 under section 105 of that Act approving electronic 

2 surveillance 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

11 FOR NATIONAL SECURITY AGENCY.—The National Secu12 rity Agency is authorized such additional legal and other 

13 personnel as may be necessary to carry out the prompt 

14 and timely preparation of applications under section 104 

15 of the Foreign Intelligence Surveillance Act of 1978 for 

16 orders under section 105 of that Act approving electronic 

17 surveillance for foreign intelligence purposes. 

18 (d) ADDITIONAL LEGAL AND OTHER PERSONNEL

19 FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

20 There is authorized for the Foreign Intelligence Surveil21 lance Court such additional personnel (other than judges) 

22 as may be necessary to facilitate the prompt and timely 

23 consideration by that Court of applications under section 

24 104 of the Foreign Intelligence Surveillance Act of 1978 

25 for orders under section 105 of that Act approving elecVerDate Aug 31 2005 22:31 Jan 09, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S187.IS S187

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1 tronic surveillance for foreign intelligence purposes. Per2 sonnel authorized by this paragraph shall perform such 

3 duties relating to the consideration of such applications 

4 as that Court shall direct. 

5 (e) SUPPLEMENT NOT SUPPLANT.—The personnel 

6 authorized by this section are in addition to any other per7 sonnel authorized by law. 

8 SEC. 103. TRAINING OF FEDERAL BUREAU OF INVESTIGA9 TION AND NATIONAL SECURITY AGENCY PER10 SONNEL IN FOREIGN INTELLIGENCE SUR11 VEILLANCE MATTERS. 

12 The Director of the Federal Bureau of Investigation 

13 and the Director of the National Security Agency shall 

14 each, in consultation with the Attorney General— 

15 (1) develop regulations establishing procedures 

16 for conducting and seeking approval of electronic 

17 surveillance on an emergency basis, and for pre18 paring and properly submitting and receiving appli19 cations and orders, under sections 104 and 105 of 

20 the Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 1804 and 1805); and 

22 (2) prescribe related training for the personnel 

23 of the applicable agency. 


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1 TITLE II—IMPROVEMENT OF 

2 FOREIGN INTELLIGENCE 

3 SURVEILLANCE AUTHORITY 

4 SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR 

5 ORDERS FOR EMERGENCY ELECTRONIC SUR6 VEILLANCE. 

7 Section 105(f) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1805(f)) is amended by 

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

10 ‘‘168 hours’’. 

11 SEC. 202. ACQUISITION OF FOREIGN-FOREIGN COMMU12 NICATIONS. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of this Act or the Foreign Intelligence Surveillance 

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

16 be required for the acquisition through electronic surveil17 lance of the contents of any communication between one 

18 person who is not located within the United States and 

19 another person who is not located within the United States 

20 for the purpose of collecting foreign intelligence informa21 tion even if such communication passes through, or the 

22 surveillance device is located within, the United States. 

23 (b) TREATMENT OF INTERCEPTED COMMUNICATIONS

24 INVOLVING DOMESTIC PARTY.—If surveillance conducted, 

25 as described in subsection (a), inadvertently collects a 


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1 communication in which at least one party is within the 

2 United States, the contents of such communications shall 

3 be handled in accordance with the minimization proce4 dures set forth in section 101(h)(4) of the Foreign Intel5 ligence Surveillance Act of 1978 (50 U.S.C. 1801(h)(4)). 

6 (c) DEFINITIONS.—In this section, the terms ‘‘con7 tents’’, ‘‘electronic surveillance’’, and ‘‘foreign intelligence 

8 information’’ have the meaning given such terms in sec9 tion 101 of the Foreign Intelligence Surveillance Act of 

10 1978 (50 U.S.C. 1801). 

11 SEC. 203. INDIVIDUALIZED FISA APPLICATIONS. 

12 The contents of any wire or radio communication sent 

13 by a person who is reasonably believed to be inside the 

14 United States to a person outside the United States may 

15 not be retained or used unless a court order authorized 

16 under the Foreign Intelligence Surveillance Act is ob17 tained. 

18 SEC. 204. ISSUES RESERVED FOR THE COURTS. 

19 Nothing in this Act shall be deemed to amend those 

20 provisions of FISA concerning any wire or radio commu21 nication sent from outside the United States to a person 

22 inside the United States. The constitutionality of such 

23 interceptions shall be determined by the courts, including 

24 the President’s claim that his article II authority super25 sedes FISA. 


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1 TITLE III—ENHANCED CONGRES2 SIONAL OVERSIGHT AND SU3 PREME COURT REVIEW OF 

4 THE TERRORIST SURVEIL5 LANCE PROGRAM 

6 SEC. 301. CONGRESSIONAL OVERSIGHT. 

7 (a) ELECTRONIC SURVEILLANCE UNDER FISA.— 

8 Section 108 of the Foreign Intelligence Surveillance Act 

9 of 1978 (50 U.S.C. 1808) is amended— 

10 (1) in subsection (a)(2)— 

11 (A) in subparagraph (B), by striking 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (C), by striking the 

14 period and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(D) the authority under which the elec17 tronic surveillance is conducted.’’; and 

18 (2) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b) On a semiannual basis, the Attorney General ad21 ditionally shall fully inform the Permanent Select Com22 mittee on Intelligence of the House of Representatives and 

23 the Select Committee on Intelligence of the Senate on elec24 tronic surveillance conducted without a court order.’’. 


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1 (b) INTELLIGENCE ACTIVITIES.—The National Secu2 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended— 

3 (1) in section 501 (50 U.S.C. 413)— 

4 (A) by redesignating subsection (f) as sub5 section (g); and 

6 (B) by inserting after subsection (e) the 

7 following new subsection: 

8 ‘‘(f) The Chair of each of the congressional intel9 ligence committees, in consultation with the ranking mem10 ber of the committee for which the person is Chair, may 

11 inform, on a bipartisan basis, all members or any indi12 vidual members of such committee of a report submitted 

13 under subsection (a)(1) or subsection (b) as such Chair 

14 considers necessary.’’; and 

15 (2) in section 502 (50 U.S.C. 414), by adding 

16 at the end the following new subsection: 

17 ‘‘(d) INFORMING OF COMMITTEE MEMBERS.—The 

18 Chair of each of the congressional intelligence committees, 

19 in consultation with the ranking member of the committee 

20 for which the person is Chair, may inform, on a bipartisan 

21 basis, all members or any individual members of such com22 mittee of a report submitted under subsection (a) as such 

23 Chair considers necessary.’’. 


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1 SEC. 302. SUPREME COURT REVIEW OF THE TERRORIST 

2 SURVEILLANCE PROGRAM. 

3 (a) IN GENERAL.—Upon appeal by the United States 

4 or any party to the underlying proceedings, the Supreme 

5 Court of the United States shall review the final decision 

6 of any United States court of appeal concerning the legal7 ity of the Terrorist Surveillance Program. 

8 (b) EXPEDITED CONSIDERATION.—It shall be the 

9 duty of the Supreme Court of the United States to ad10 vance on the docket and to expedite to the greatest pos11 sible extent the disposition of any matter brought under 

12 subsection (a). 

13 (c) DEFINITION.—In this section, the term ‘‘Ter14 rorist Surveillance Program’’ means the program identi15 fied by the President of the United States on December 

16 17, 2005, to intercept international communications into 

17 and out of the United States of persons linked to al Qaeda 

18 or related terrorist organizations. 

19 TITLE IV—OTHER MATTERS 

20 SEC. 401. DEFINITION. 

21 In this Act, the term ‘‘Foreign Intelligence Surveil22 lance Court’’ means the court established by section 

23 103(a) of the Foreign Intelligence Surveillance Act of 

24 1978 (50 U.S.C. 1803(a)). 


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1 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated such sums as 

3 may be necessary to carry out this Act and the amend4 ments made by this Act. 

5 SEC. 403. EFFECTIVE DATE. 

6 This Act, and the amendments made by this Act, 

7 shall take effect on the date that is 30 days after the date 

8 of the enactment of this Act. 

Æ 


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