[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4051 Placed on Calendar Senate (PCS)]






                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Intelligence Surveillance 
Oversight and Resource Enhancement Act of 2006''.

    TITLE I--ENHANCEMENT OF RESOURCES AND PERSONNEL FOR ELECTRONIC 
             SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 101. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.

    (a) Authority for Additional Judges.--Section 103(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) in paragraph (1), as so designated, by inserting ``at 
        least'' before ``seven of the United States judicial 
        circuits'';
            (3) by designating the second sentence as paragraph (4) and 
        indenting such paragraph, as so designated, accordingly; and
            (4) by inserting after paragraph (1), as so designated, the 
        following new paragraph:
            ``(2) In addition to the judges designated under paragraph 
        (1), the Chief Justice of the United States may designate as 
        judges of the court established by paragraph (1) such judges 
        appointed under Article III of the Constitution of the United 
        States as the Chief Justice determines appropriate in order to 
        provide for the prompt and timely consideration under section 
        105 of applications under section 104 for electronic 
        surveillance under this title. Any judge designated under this 
        paragraph shall be designated publicly.''.
    (b) Consideration of Emergency Applications.--Such section is 
further amended by inserting after paragraph (2), as added by 
subsection (a) of this section, the following new paragraph:
            ``(3) A judge of the court established by paragraph (1) 
        shall make a determination to approve, deny, or seek 
        modification of an application submitted under section 
        subsection (f) or (g) of section 105 not later than 24 hours 
        after the receipt of such application by the court.''.

SEC. 102. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF 
              APPLICATIONS FOR ORDERS APPROVING ELECTRONIC 
              SURVEILLANCE.

    (a) Office of Intelligence Policy and Review.--
            (1) Additional personnel.--The Office of Intelligence 
        Policy and Review of the Department of Justice is authorized 
        such additional personnel, including not fewer than 21 full-
        time attorneys, as may be necessary to carry out the prompt and 
        timely preparation, modification, and review of applications 
        under section 104 of the Foreign Intelligence Surveillance Act 
        of 1978 (50 U.S.C. 1804) for orders under section 105 of that 
        Act (50 U.S.C. 1805) approving electronic surveillance for 
        foreign intelligence purposes.
            (2) Assignment.--The Attorney General shall assign 
        personnel authorized by paragraph (1) to and among appropriate 
        offices of the National Security Agency in order that such 
        personnel may directly assist personnel of the Agency in 
        preparing applications described in that paragraph.
    (b) Federal Bureau of Investigation.--
            (1) Additional legal and other personnel.--The National 
        Security Branch of the Federal Bureau of Investigation is 
        authorized such additional legal and other personnel as may be 
        necessary to carry out the prompt and timely preparation of 
        applications under section 104 of the Foreign Intelligence 
        Surveillance Act of 1978 for orders under section 105 of that 
        Act approving electronic surveillance for foreign intelligence 
        purposes.
            (2) Assignment.--The Director of the Federal Bureau of 
        Investigation shall assign personnel authorized by paragraph 
        (1) to and among the field offices of the Federal Bureau of 
        Investigation in order that such personnel may directly assist 
        personnel of the Bureau in such field offices in preparing 
        applications described in that paragraph.
    (c) Additional Legal and Other Personnel for National Security 
Agency.--The National Security Agency is authorized such additional 
legal and other personnel as may be necessary to carry out the prompt 
and timely preparation of applications under section 104 of the Foreign 
Intelligence Surveillance Act of 1978 for orders under section 105 of 
that Act approving electronic surveillance for foreign intelligence 
purposes.
    (d) Additional Legal and Other Personnel for Foreign Intelligence 
Surveillance Court.--There is authorized for the Foreign Intelligence 
Surveillance Court such additional personnel (other than judges) as may 
be necessary to facilitate the prompt and timely consideration by that 
Court of applications under section 104 of the Foreign Intelligence 
Surveillance Act of 1978 for orders under section 105 of that Act 
approving electronic surveillance for foreign intelligence purposes. 
Personnel authorized by this paragraph shall perform such duties 
relating to the consideration of such applications as that Court shall 
direct.
    (e) Supplement Not Supplant.--The personnel authorized by this 
section are in addition to any other personnel authorized by law.

SEC. 103. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND NATIONAL 
              SECURITY AGENCY PERSONNEL IN FOREIGN INTELLIGENCE 
              SURVEILLANCE MATTERS.

    The Director of the Federal Bureau of Investigation and the 
Director of the National Security Agency shall each, in consultation 
with the Attorney General--
            (1) develop regulations establishing procedures for 
        conducting and seeking approval of electronic surveillance on 
        an emergency basis, and for preparing and properly submitting 
        and receiving applications and orders, under sections 104 and 
        105 of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1804 and 1805); and
            (2) prescribe related training for the personnel of the 
        applicable agency.

  TITLE II--IMPROVEMENT OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY

SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY 
              ELECTRONIC SURVEILLANCE.

    Section 105(f) of the Foreign Intelligence Surveillance 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. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS.

    (a) In General.--Notwithstanding any other provision of this Act or 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.), no court order shall be required for the acquisition through 
electronic surveillance of the contents of any communication between 
one person who is not located within the United States and another 
person who is not located within the United States for the purpose of 
collecting foreign intelligence information even if such communication 
passes through, or the surveillance device is located within, the 
United States.
    (b) Treatment of Intercepted Communications Involving Domestic 
Party.--If surveillance conducted, as described in subsection (a), 
inadvertently collects a communication in which at least one party is 
within the United States, the contents of such communications shall be 
handled in accordance with the minimization procedures set forth in 
section 101(h)(4) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801(h)(4)).
    (c) Definitions.--In this section, the terms ``contents'', 
``electronic surveillance'', and ``foreign intelligence information'' 
have the meaning given such terms in section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 203. INDIVIDUALIZED FISA APPLICATIONS.

    The contents of any wire or radio communication sent by a person 
who is reasonably believed to be inside the United States to a person 
outside the United States may not be retained or used unless a court 
order authorized under the Foreign Intelligence Surveillance Act is 
obtained.

SEC. 204. ISSUES RESERVED FOR THE COURTS.

    Nothing in this Act shall be deemed to amend those provisions of 
FISA concerning any wire or radio communication sent from outside the 
United States to a person inside the United States. The 
constitutionality of such interceptions shall be determined by the 
courts, including the President's claim that his article II authority 
supersedes FISA.

TITLE III--ENHANCED CONGRESSIONAL OVERSIGHT AND SUPREME COURT REVIEW OF 
                   THE TERRORIST SURVEILLANCE PROGRAM

SEC. 301. CONGRESSIONAL OVERSIGHT.

    (a) Electronic Surveillance Under FISA.--Section 108 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) the authority under which the electronic 
                surveillance is conducted.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) On a semiannual basis, the Attorney General additionally 
shall fully inform the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intelligence 
of the Senate on electronic surveillance conducted without a court 
order.''.
    (b) Intelligence Activities.--The National Security Act of 1947 (50 
U.S.C. 401 et seq.) is amended--
            (1) in section 501 (50 U.S.C. 413)--
                    (A) by redesignating subsection (f) as subsection 
                (g); and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) The Chair of each of the congressional intelligence 
committees, in consultation with the ranking member of the committee 
for which the person is Chair, may inform, on a bipartisan basis, all 
members or any individual members of such committee of a report 
submitted under subsection (a)(1) or subsection (b) as such Chair 
considers necessary.''; and
            (2) in section 502 (50 U.S.C. 414), by adding at the end 
        the following new subsection:
    ``(d) Informing of Committee Members.--The Chair of each of the 
congressional intelligence committees, in consultation with the ranking 
member of the committee for which the person is Chair, may inform, on a 
bipartisan basis, all members or any individual members of such 
committee of a report submitted under subsection (a) as such Chair 
considers necessary.''.

SEC. 302. SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE PROGRAM.

    (a) In General.--Upon appeal by the United States or any party to 
the underlying proceedings, the Supreme Court of the United States 
shall review the final decision of any United States court of appeal 
concerning the legality of the Terrorist Surveillance Program.
    (b) Expedited Consideration.--It shall be the duty of the Supreme 
Court of the United States to advance on the docket and to expedite to 
the greatest possible extent the disposition of any matter brought 
under subsection (a).
    (c) Definition.--In this section, the term ``Terrorist Surveillance 
Program'' means the program identified by the President of the United 
States on December 17, 2005, to intercept international communications 
into and out of the United States of persons linked to al Qaeda or 
related terrorist organizations.

                        TITLE IV--OTHER MATTERS

SEC. 401. DEFINITION.

    In this Act, the term ``Foreign Intelligence Surveillance Court'' 
means the court established by section 103(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act and the amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the date that is 30 days after the date of the enactment of this Act.
                                                       Calendar No. 665

109th CONGRESS

  2d Session

                                S. 4051

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 15, 2006

            Read the second time and placed on the calendar