I 
109TH CONGRESS 
2D SESSION 
H. R. 6056 
Entitled the ‘‘Foreign Intelligence Surveillance Improvement and 
Enhancement Act of 2006’’. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2006 
Ms. HARMAN introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Select Committee on Intel-
ligence (Permanent Select), for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
Entitled the ‘‘Foreign Intelligence Surveillance Improvement 
and Enhancement Act of 2006’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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TITLE 
I—CONSTRUCTION 
OF 
FOREIGN 
INTELLIGENCE 
SURVEILLANCE AUTHORITY 
SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF 
TITLE 18, UNITED STATES CODE, AND FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT OF 
1978 AS EXCLUSIVE MEANS BY WHICH DOMES-
TIC ELECTRONIC SURVEILLANCE MAY BE 
CONDUCTED. 
(a) EXCLUSIVE MEANS.—Notwithstanding any other 
provision of law, chapters 119, 121, and 206 of title 18, 
United States Code, and the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the 
exclusive means by which electronic surveillance (as that 
term is defined in section 101(f) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801(f)) may 
be conducted. 
(b) AMENDMENT TO FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978.—Section 109(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) 
is amended by striking ‘‘authorized by statute’’ each place 
it appears and inserting ‘‘authorized by this title or chap-
ter 119, 121 or 206 of title 18, United States Code’’. 
(c) AMENDMENT
TO TITLE 18, UNITED STATES 
CODE.—Section 2511(2)(a)(ii)(B) of title 18, United 
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States Code, is amended by striking ‘‘statutory require-
ments’’ and inserting ‘‘requirements under the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.), this chapter, or chapters 121 or 206 of this title’’. 
SEC. 102. SPECIFIC AUTHORIZATION REQUIRED FOR ANY 
REPEAL OR MODIFICATION OF TITLE I OF 
THE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE ACT OF 1978. 
(a) IN GENERAL.—Title I of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by inserting after section 109 the following new 
section: 
‘‘SPECIFIC AUTHORIZATION REQUIRED FOR ANY REPEAL 
OR MODIFICATION OF TITLE 
‘‘SEC. 109A. No provision of law shall be construed 
to implicitly repeal or modify this title or any provision 
thereof, nor shall any provision of law be deemed to repeal 
or modify this title in any manner unless such provision 
of law, if enacted after the date of the enactment of the 
Foreign Intelligence Surveillance Improvement and En-
hancement Act of 2006, expressly amends or otherwise 
specifically cites this title.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for that Act is amended by inserting after the item relat-
ing to section 109 the following new item: 
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‘‘Sec. 109A. Specific authorization required for any repeal or modification of 
title.’’. 
SEC. 103. INFORMATION FOR CONGRESS ON THE TER-
RORIST SURVEILLANCE PROGRAM AND SIMI-
LAR PROGRAMS. 
As soon as practicable after the date of the enactment 
of this Act, but not later than seven days after such date, 
the President shall brief and inform each member of the 
congressional intelligence committees on the following: 
(1) The Terrorist Surveillance Program of the 
National Security Agency. 
(2) Any program which involves, whether in 
part or in whole, the electronic surveillance of 
United States persons in the United States for for-
eign intelligence purposes, and which is conducted 
by any department, agency, or other element of the 
United States Government, or by any entity at the 
direction of a department, agency, or other element 
of the United States Government, without fully com-
plying with the procedures set forth in the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) or chapter 119, 121, or 206 of title 
18, United States Code. 
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TITLE 
II—APPLICATIONS 
AND 
PROCEDURES 
FOR 
ELEC-
TRONIC SURVEILLANCE FOR 
FOREIGN 
INTELLIGENCE 
PURPOSES 
SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR 
ORDERS FOR EMERGENCY ELECTRONIC SUR-
VEILLANCE. 
Section 105(f) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1805(f)) is amended by 
striking ‘‘72 hours’’ both places it appears and inserting 
‘‘168 hours’’. 
SEC. 202. DELEGATION OF AUTHORITY TO APPROVE APPLI-
CATIONS FOR ELECTRONIC SURVEILLANCE. 
(a) IN GENERAL.—Section 104 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1804) is 
amended— 
(1) in subsection (a), by striking ‘‘Attorney 
General based upon his finding’’ and inserting ‘‘At-
torney General (or a delegee of the Attorney General 
under subsection (f)) based upon a finding’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) The Attorney General may delegate the authority 
to approve an application under this section for an order 
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