II 

Calendar No. 665 

109TH CONGRESS 

2D SESSION S. 4051 

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 

NOVEMBER 14, 2006 

Mr. SPECTER introduced the following bill; which was read the first time 

NOVEMBER 15, 2006 

Read the second time and placed on the calendar 

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. 


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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 ‘‘Foreign Intelligence 

5 Surveillance Oversight and Resource Enhancement Act of 

6 2006’’. 

7 TITLE I—ENHANCEMENT OF RE8 SOURCES AND PERSONNEL 

9 FOR ELECTRONIC SURVEIL10 LANCE FOR FOREIGN INTEL11 LIGENCE PURPOSES 

12 SEC. 101. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

13 MATTERS. 

14 (a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 

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

16 1978 (50 U.S.C. 1803(a)) is amended— 

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

18 (2) in paragraph (1), as so designated, by in19 serting ‘‘at least’’ before ‘‘seven of the United States 

20 judicial circuits’’; 

21 (3) by designating the second sentence as para22 graph (4) and indenting such paragraph, as so des23 ignated, accordingly; 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 

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

3 States may designate as judges of the court estab4 lished by paragraph (1) such judges appointed under 

5 Article III of the Constitution of the United States 

6 as the Chief Justice determines appropriate in order 

7 to provide for the prompt and timely consideration 

8 under section 105 of applications under section 104 

9 for electronic surveillance under this title. Any judge 

10 designated under this paragraph shall be designated 

11 publicly.’’. 

12 (b) CONSIDERATION OF EMERGENCY APPLICA13 TIONS.—Such section is further amended by inserting 

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

15 section, the following new paragraph: 

16 ‘‘(3) A judge of the court established by para17 graph (1) shall make a determination to approve, 

18 deny, or seek modification of an application sub19 mitted under section subsection (f) or (g) of section 

20 105 not later than 24 hours after the receipt of such 

21 application by the court.’’. 


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1 SEC. 102. ADDITIONAL PERSONNEL FOR PREPARATION 

2 AND CONSIDERATION OF APPLICATIONS FOR 

3 ORDERS APPROVING ELECTRONIC SURVEIL4 LANCE. 

5 (a) OFFICE OF INTELLIGENCE POLICY AND RE6 VIEW.— 

7 (1) ADDITIONAL PERSONNEL.—The Office of 

8 Intelligence Policy and Review of the Department of 

9 Justice is authorized such additional personnel, in10 cluding not fewer than 21 full-time attorneys, as 

11 may be necessary to carry out the prompt and time12 ly preparation, modification, and review of applica13 tions under section 104 of the Foreign Intelligence 

14 Surveillance Act of 1978 (50 U.S.C. 1804) for or15 ders under section 105 of that Act (50 U.S.C. 1805) 

16 approving electronic surveillance for foreign intel17 ligence purposes. 

18 (2) ASSIGNMENT.—The Attorney General shall 

19 assign personnel authorized by paragraph (1) to and 

20 among appropriate offices of the National Security 

21 Agency in order that such personnel may directly as22 sist personnel of the Agency in preparing applica23 tions described in that paragraph. 

24 (b) FEDERAL BUREAU OF INVESTIGATION.— 

25 (1) ADDITIONAL LEGAL AND OTHER PER26 SONNEL.—The National Security Branch of the 


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1 Federal Bureau of Investigation is authorized such 

2 additional legal and other personnel as may be nec3 essary to carry out the prompt and timely prepara4 tion of applications under section 104 of the Foreign 

5 Intelligence Surveillance Act of 1978 for orders 

6 under section 105 of that Act approving electronic 

7 surveillance for foreign intelligence purposes. 

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

9 Bureau of Investigation shall assign personnel au10 thorized by paragraph (1) to and among the field of11 fices of the Federal Bureau of Investigation in order 

12 that such personnel may directly assist personnel of 

13 the Bureau in such field offices in preparing applica14 tions described in that paragraph. 

15 (c) ADDITIONAL LEGAL AND OTHER PERSONNEL

16 FOR NATIONAL SECURITY AGENCY.—The National Secu17 rity Agency is authorized such additional legal and other 

18 personnel as may be necessary to carry out the prompt 

19 and timely preparation of applications under section 104 

20 of the Foreign Intelligence Surveillance Act of 1978 for 

21 orders under section 105 of that Act approving electronic 

22 surveillance for foreign intelligence purposes. 

23 (d) ADDITIONAL LEGAL AND OTHER PERSONNEL

24 FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

25 There is authorized for the Foreign Intelligence SurveilVerDate Aug 31 2005 19:21 Nov 21, 2006 Jkt 059196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4051.PCS S4051

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1 lance Court such additional personnel (other than judges) 

2 as may be necessary to facilitate the prompt and timely 

3 consideration by that Court of applications under section 

4 104 of the Foreign Intelligence Surveillance Act of 1978 

5 for orders under section 105 of that Act approving elec6 tronic surveillance for foreign intelligence purposes. Per7 sonnel authorized by this paragraph shall perform such 

8 duties relating to the consideration of such applications 

9 as that Court shall direct. 

10 (e) SUPPLEMENT NOT SUPPLANT.—The personnel 

11 authorized by this section are in addition to any other per12 sonnel authorized by law. 

13 SEC. 103. TRAINING OF FEDERAL BUREAU OF INVESTIGA14 TION AND NATIONAL SECURITY AGENCY PER15 SONNEL IN FOREIGN INTELLIGENCE SUR16 VEILLANCE MATTERS. 

17 The Director of the Federal Bureau of Investigation 

18 and the Director of the National Security Agency shall 

19 each, in consultation with the Attorney General— 

20 (1) develop regulations establishing procedures 

21 for conducting and seeking approval of electronic 

22 surveillance on an emergency basis, and for pre23 paring and properly submitting and receiving appli24 cations and orders, under sections 104 and 105 of 


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1 the Foreign Intelligence Surveillance Act of 1978 

2 (50 U.S.C. 1804 and 1805); and 

3 (2) prescribe related training for the personnel 

4 of the applicable agency. 

5 TITLE II—IMPROVEMENT OF 

6 FOREIGN INTELLIGENCE 

7 SURVEILLANCE AUTHORITY 

8 SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR 

9 ORDERS FOR EMERGENCY ELECTRONIC SUR10 VEILLANCE. 

11 Section 105(f) of the Foreign Intelligence Surveil12 lance Act of 1978 (50 U.S.C. 1805(f)) is amended by 

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

14 ‘‘168 hours’’. 

15 SEC. 202. ACQUISITION OF FOREIGN-FOREIGN COMMU16 NICATIONS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of this Act or the Foreign Intelligence Surveillance 

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

20 be required for the acquisition through electronic surveil21 lance of the contents of any communication between one 

22 person who is not located within the United States and 

23 another person who is not located within the United States 

24 for the purpose of collecting foreign intelligence informaVerDate Aug 31 2005 19:21 Nov 21, 2006 Jkt 059196 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4051.PCS S4051

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1 tion even if such communication passes through, or the 

2 surveillance device is located within, the United States. 

3 (b) TREATMENT OF INTERCEPTED COMMUNICATIONS

4 INVOLVING DOMESTIC PARTY.—If surveillance conducted, 

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

6 communication in which at least one party is within the 

7 United States, the contents of such communications shall 

8 be handled in accordance with the minimization proce9 dures set forth in section 101(h)(4) of the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 1801(h)(4)). 

11 (c) DEFINITIONS.—In this section, the terms ‘‘con12 tents’’, ‘‘electronic surveillance’’, and ‘‘foreign intelligence 

13 information’’ have the meaning given such terms in sec14 tion 101 of the Foreign Intelligence Surveillance Act of 

15 1978 (50 U.S.C. 1801). 

16 SEC. 203. INDIVIDUALIZED FISA APPLICATIONS. 

17 The contents of any wire or radio communication sent 

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

19 United States to a person outside the United States may 

20 not be retained or used unless a court order authorized 

21 under the Foreign Intelligence Surveillance Act is ob22 tained. 

23 SEC. 204. ISSUES RESERVED FOR THE COURTS. 

24 Nothing in this Act shall be deemed to amend those 

25 provisions of FISA concerning any wire or radio commuVerDate Aug 31 2005 19:21 Nov 21, 2006 Jkt 059196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4051.PCS S4051

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1 nication sent from outside the United States to a person 

2 inside the United States. The constitutionality of such 

3 interceptions shall be determined by the courts, including 

4 the President’s claim that his article II authority super5 sedes FISA. 

6 TITLE III—ENHANCED CONGRES7 SIONAL OVERSIGHT AND SU8 PREME COURT REVIEW OF 

9 THE TERRORIST SURVEIL10 LANCE PROGRAM 

11 SEC. 301. CONGRESSIONAL OVERSIGHT. 

12 (a) ELECTRONIC SURVEILLANCE UNDER FISA.— 

13 Section 108 of the Foreign Intelligence Surveillance Act 

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

15 (1) in subsection (a)(2)— 

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

17 ‘‘and’’ at the end; 

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

19 period and inserting ‘‘; and’’; and 

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

21 ‘‘(D) the authority under which the elec22 tronic surveillance is conducted.’’; and 

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

24 following: 


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1 ‘‘(b) On a semiannual basis, the Attorney General ad2 ditionally shall fully inform the Permanent Select Com3 mittee on Intelligence of the House of Representatives and 

4 the Select Committee on Intelligence of the Senate on elec5 tronic surveillance conducted without a court order.’’. 

6 (b) INTELLIGENCE ACTIVITIES.—The National Secu7 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended— 

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

9 (A) by redesignating subsection (f) as sub10 section (g); and 

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

12 following new subsection: 

13 ‘‘(f) The Chair of each of the congressional intel14 ligence committees, in consultation with the ranking mem15 ber of the committee for which the person is Chair, may 

16 inform, on a bipartisan basis, all members or any indi17 vidual members of such committee of a report submitted 

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

19 considers necessary.’’; and 

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

21 at the end the following new subsection: 

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

23 Chair of each of the congressional intelligence committees, 

24 in consultation with the ranking member of the committee 

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


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1 basis, all members or any individual members of such com2 mittee of a report submitted under subsection (a) as such 

3 Chair considers necessary.’’. 

4 SEC. 302. SUPREME COURT REVIEW OF THE TERRORIST 

5 SURVEILLANCE PROGRAM. 

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

7 or any party to the underlying proceedings, the Supreme 

8 Court of the United States shall review the final decision 

9 of any United States court of appeal concerning the legal10 ity of the Terrorist Surveillance Program. 

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

12 duty of the Supreme Court of the United States to ad13 vance on the docket and to expedite to the greatest pos14 sible extent the disposition of any matter brought under 

15 subsection (a). 

16 (c) DEFINITION.—In this section, the term ‘‘Ter17 rorist Surveillance Program’’ means the program identi18 fied by the President of the United States on December 

19 17, 2005, to intercept international communications into 

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

21 or related terrorist organizations. 

22 TITLE IV—OTHER MATTERS 

23 SEC. 401. DEFINITION. 

24 In this Act, the term ‘‘Foreign Intelligence Surveil25 lance Court’’ means the court established by section 


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1 103(a) of the Foreign Intelligence Surveillance Act of 

2 1978 (50 U.S.C. 1803(a)). 

3 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated such sums as 

5 may be necessary to carry out this Act and the amend6 ments made by this Act. 

7 SEC. 403. EFFECTIVE DATE. 

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

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

10 of the enactment of this Act. 


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Calendar No. 665 

109TH CONGRESS 

2D SESSION S. 4051 

A BILL 

To provide sufficient resources to permit electronic 

States Supreme Court, and for other purposes. Terrorist Surveillance Program by the United veillance Act of 1978, to ensure review of the the procedures of the Foreign Intelligence Surresources to enhance oversight and streamline nating in the United States, to provide additional individualized court-issued orders for calls origiintelligence purposes to be conducted pursuant to surveillance of United States persons for foreign 

NOVEMBER 15, 2006 

Read the second time and placed on the calendar 


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