I 
110TH CONGRESS 
1ST SESSION H. R. 3356 
To amend the Foreign Intelligence Surveillance Act of 1978 to establish 
a procedure for authorizing certain electronic surveillance. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 3, 2007 
Mr. REYES (for himself, Mr. CONYERS, Mr. SCHIFF, and Mr. FLAKE) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Select Committee on Intelligence (Perma-
nent Select), for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned; which was considered and failed of 
passage 
A BILL 
To amend the Foreign Intelligence Surveillance Act of 1978 
to establish a procedure for authorizing certain electronic 
surveillance. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Foreign In-
telligence Surveillance to Defend the Nation and the Con-
stitution Act of 2007’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to facilitate the acquisition 
of foreign intelligence information by providing for the 
electronic surveillance of persons reasonably believed to be 
outside the United States pursuant to methodologies pro-
posed by the Attorney General, reviewed by the Foreign 
Intelligence Surveillance Court, and applied by the Attor-
ney General without further court approval, unless other-
wise required under the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.). 
SEC. 3. ADDITIONAL PROCEDURE FOR AUTHORIZING CER-
TAIN ELECTRONIC SURVEILLANCE. 
(a) IN GENERAL.—The Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 
by inserting after section 105 the following: 
‘‘CLARIFICATION OF ELECTRONIC SURVEILLANCE OF 
PERSONS OUTSIDE THE UNITED STATES 
‘‘SEC. 105A. Notwithstanding any other provision of 
this Act, a court order is not required for the acquisition 
of the contents of any communication between persons 
that are not located within the United States for the pur-
pose of collecting foreign intelligence information, without 
respect to whether the communication passes through the 
United States or the surveillance device is located within 
the United States. 
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‘‘ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN 
ELECTRONIC SURVEILLANCE 
‘‘SEC. 105B. (a) IN GENERAL.—Notwithstanding 
any other provision of this title, the Attorney General, 
upon the authorization of the President, may apply to a 
judge of the court established under section 103(a) for an 
ex parte order, or an extension of an order, authorizing 
electronic surveillance for periods of not more than 1 year, 
for the purpose of acquiring foreign intelligence informa-
tion, in accordance with this section. 
‘‘(b) APPLICATION.— 
‘‘(1) SPECIFIC PERSONS AND PLACES NOT RE-
QUIRED.—An application for an order, or extension 
of an order, submitted under subsection (a) shall not 
be required to identify— 
‘‘(A) the persons, other than a foreign 
power, against whom electronic surveillance will 
be directed; or 
‘‘(B) the specific facilities, places, prem-
ises, or property at which the electronic surveil-
lance will be directed. 
‘‘(2) CONTENTS.—An application for an order, 
or extension of an order, submitted under subsection 
(a) shall include— 
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‘‘(A) a statement that the electronic sur-
veillance is directed at persons reasonably be-
lieved to be outside the United States; 
‘‘(B) the identity of the Federal officer 
seeking to conduct such electronic surveillance; 
‘‘(C) a description of— 
‘‘(i) the methods to be used by the At-
torney General to determine, during the 
duration of the order, that there is a rea-
sonable belief that the targets of the elec-
tronic surveillance are persons outside the 
United States; and 
‘‘(ii) the procedures to audit the im-
plementation of the methods described in 
clause (i) to achieve the objective described 
in that clause; 
‘‘(D) a description of the nature of the in-
formation sought, including the identity of any 
foreign power against whom electronic surveil-
lance will be directed; and 
‘‘(E) a statement of the means by which 
the electronic surveillance will be effected and 
such other information about the surveillance 
techniques to be used as may be necessary to 
assess the proposed minimization procedures. 
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‘‘(c) APPLICATION APPROVAL; ORDER.— 
‘‘(1) APPLICATION APPROVAL.—A judge consid-
ering an application for an order, or extension of an 
order, submitted under subsection (a) shall approve 
such application if the Attorney General certifies in 
writing under oath, and the judge upon consider-
ation of the application determines, that— 
‘‘(A) the acquisition does not constitute 
electronic surveillance within the meaning of 
paragraph (1) or (3) of section 101(f); 
‘‘(B) the methods described by the Attor-
ney General under subsection (b)(2)(B)(i) are 
reasonably designed to determine whether the 
persons are outside the United States; 
‘‘(C) a significant purpose of the electronic 
surveillance is to obtain foreign intelligence in-
formation; and 
‘‘(D) the proposed minimization procedures 
meet the definition of minimization procedures 
under section 101(h). 
‘‘(2) ORDER.—A judge approving an applica-
tion pursuant to paragraph (1) shall issue an order 
that— 
‘‘(A) authorizes electronic surveillance as 
requested, or as modified by the judge; 
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‘‘(h) EFFECT
OF SECTION
ON OTHER AUTHORI-
TIES.—The authority under this section is in addition to 
the authority to conduct electronic surveillance under sec-
tions 104 and 105. 
‘‘(i) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘appropriate committees 
of Congress’ means— 
‘‘(1) the Select Committee on Intelligence and 
the Committee on the Judiciary of the Senate; and 
‘‘(2) the Permanent Select Committee on Intel-
ligence and the Committee on the Judiciary of the 
House of Representatives.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in the first section of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended by inserting after the item relating to 
section 105 the following: 
‘‘Sec. 105A. Clarification of electronic surveillance of persons outside the 
United States. 
‘‘Sec. 105B. Additional procedure for authorizing certain electronic surveil-
lance.’’. 
(c) SUNSET.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), effective on the date that is 120 days 
after the date of the enactment of this Act, sections 
105A and 105B of the Foreign Intelligence Surveil-
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lance Act of 1978, as added by subsection (a), are 
hereby repealed. 
(2) EXCEPTION.—Any order under section 
105B of the Foreign Intelligence Surveillance Act of 
1978, as added by this Act, in effect on such date 
that is 120 days after the date of the enactment of 
this Act, shall continue in effect until the date of the 
expiration of such order. 
Æ 
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