States that specified chapters of the federal criminal code relating to electronic surveillance and the Foreign Intelligence Surveillance Act of 1978 (FISA) shall provide the exclusive means by which domestic electronic surveillance may be conducted.
Prohibits any modification or repeal of any provisions of title I (Electronic Surveillance) of FISA without an express legislative directive.
Directs the President to brief each member of the congressional intelligence committees on the Terrorist Surveillance Program of the National Security Agency (NSA) and certain other surveillance programs.
Amends FISA to extend the period allowed for emergency electronic surveillance without a court order.
Authorizes the Attorney General to delegate the authority to approve an application for electronic surveillance and to appoint certain personnel in the Federal Bureau of Investigation (FBI) and the NSA to authorize emergency surveillance in the United States.
Authorizes the appointment of additional judges to the Foreign Intelligence Surveillance Court.
Directs the Attorney General to develop and implement a classified document management system to process electronic surveillance applications.
Expands the authority of the President to authorize wartime electronic surveillance without a court order.
Permits electronic surveillance without a court order of communications between individuals outside of the United States under certain circumstances.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6056 Introduced in House (IH)]
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
Committee on the Judiciary, and in addition to the Select Committee on
Intelligence (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 Representatives of the
United States of America in Congress assembled,
TITLE I--CONSTRUCTION OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY
SEC. 101. REITERATION OF CHAPTERS 119, 121, AND 206 OF TITLE 18, UNITED
STATES CODE, AND FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978 AS EXCLUSIVE MEANS BY WHICH DOMESTIC 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 Surveillance 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 Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(f)) may be conducted.
(b) Amendment to Foreign Intelligence Surveillance 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 chapter
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 States Code, is amended by
striking ``statutory requirements'' and inserting ``requirements under
the Foreign Intelligence 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
SURVEILLANCE 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
Enhancement 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 relating to section 109 the
following new item:
``Sec. 109A. Specific authorization required for any repeal or
modification of title.''.
SEC. 103. INFORMATION FOR CONGRESS ON THE TERRORIST SURVEILLANCE
PROGRAM AND SIMILAR 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 foreign 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 complying 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.
TITLE II--APPLICATIONS AND PROCEDURES FOR ELECTRONIC SURVEILLANCE FOR
FOREIGN INTELLIGENCE PURPOSES
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. DELEGATION OF AUTHORITY TO APPROVE APPLICATIONS FOR
ELECTRONIC SURVEILLANCE.
(a) In General.--Section 104 of the Foreign Intelligence
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 ``Attorney 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 subsection:
``(f) The Attorney General may delegate the authority to approve an
application under this section for an order approving electronic
surveillance under this title to each of the following:
``(1) The Deputy Attorney General.
``(2) The Assistant Attorney General for National
Security.''.
(b) Conforming Amendment.--Section 102(b) of such Act (50 U.S.C.
1802(b)) is amended by inserting ``(or delegee of the Attorney General
under section 104(f))'' after ``Attorney General''.
SEC. 203. ADDITIONAL AUTHORITY FOR EMERGENCY ELECTRONIC SURVEILLANCE.
Section 105 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805) is amended--
(1) by redesignating subsections (g), (h), (i), and (j) as
subsections (h), (i), (j), and (k), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g)(1)(A) Notwithstanding any other provision of this title and
subject to the provisions of this subsection, the Attorney General may,
with the concurrence of the Director of National Intelligence, appoint
appropriate supervisory or executive personnel within the Federal
Bureau of Investigation and the National Security Agency to authorize
electronic surveillance on a United States person in the United States
on an emergency basis pursuant to the provisions of this subsection.
``(B) For purposes of this subsection, an intelligence agent or
employee acting under the supervision of a supervisor or executive
appointed under subparagraph (A) may conduct emergency electronic
surveillance under this subsection if such supervisor or executive
reasonably determines that--
``(i) an emergency situation exists with respect to the
employment of electronic surveillance to obtain foreign
intelligence information before an order authorizing such
surveillance can with due diligence be obtained; and
``(ii) the factual basis exists for the issuance of an
order approving such surveillance under this title.
``(2) The supervisors and executives appointed by the Attorney
General under paragraph (1) may only be officials as follows:
``(A) In the case of the Federal Bureau of Investigation,
officials at or above the level of Special Agent in Charge.
``(B) In the case of the National Security Agency,
officials at or above the level of head of branch of the
National Security Agency.
``(3) A supervisor or executive responsible for the emergency
employment of electronic surveillance under this subsection shall
submit to the Attorney General (and, if authorized by the Attorney
General, to the Deputy Attorney General and the Assistant Attorney
General for National Security) a request for approval of the
surveillance within 24 hours of the commencement of the surveillance.
The request shall set forth the ground for the belief specified in
paragraph (1), together with such other information as the Attorney
General shall require.
``(4)(A) The review of a request under paragraph (3) shall be
completed by the official concerned under that paragraph as soon as
practicable, but not more than 72 hours after the commencement of the
electronic surveillance concerned under paragraph (1).
``(B)(i) If the official concerned determines that the electronic
surveillance does not meet the requirements of paragraph (1), the
surveillance shall terminate immediately and may not be recommenced by
any supervisor or executive appointed under paragraph (1), or any agent
or employee acting under the supervision of such supervisor or
executive, absent additional facts or changes in circumstances that
lead a supervisor or executive appointed under paragraph (1) to
reasonably believe that the requirements of paragraph (1) are
satisfied.
``(ii) In the event of a determination under clause (i), the
Attorney General shall not be required, under section 106(j), to notify
any United States person of the fact that the electronic surveillance
covered by such determination was conducted before the termination of
the surveillance under that clause. However, the official making such
determination shall notify the court established by section 103(a) of
such determination, and shall also provide notice of such determination
in the first report that is submitted under section 108(a) after such
determination is made.
``(C) If the official concerned determines that the surveillance
meets the requirements of subsection (f), the surveillance may
continue, subject to the requirements of paragraph (5).
``(5)(A) An application in accordance with this title shall be made
to a judge having jurisdiction under section 103 as soon as practicable
but not more than 168 hours after the commencement of electronic
surveillance under paragraph (1).
``(B) In the absence of a judicial order approving electronic
surveillance commenced under paragraph (1), the surveillance shall
terminate at the earlier of--
``(i) when the information sought is obtained; or
``(ii) when the application under subparagraph (A) for an
order approving the surveillance is denied; or
``(iii) 168 hours after the commencement of the
surveillance, unless an application under subparagraph (A) is
pending, in which case the surveillance may continue for up to
an additional 24 hours while the judge has the application
under advisement.
``(C) If an application under subparagraph (A) for an order
approving electronic surveillance commenced under paragraph (1) is
denied, or in any other case in which the surveillance is terminated
and no order approving the surveillance is issued by a court, the use
of information obtained or evidence derived from the surveillance shall
be governed by the provisions of subsection (f).
``(D) The denial of an application submitted under subparagraph (A)
may be reviewed as provided in section 103.
``(6) Any person who engages in the emergency employment of
electronic surveillance under paragraph (1) shall follow the
minimization procedures otherwise required by this title for the
issuance of a judicial order approving the conduct of electronic
surveillance.
``(7) Not later than 30 days after appointing supervisors and
executives under paragraph (1) to authorize the exercise of authority
in that paragraph, the Attorney General, in consultation with the
Director of National Intelligence, shall submit to the Foreign
Intelligence Surveillance Court and the congressional intelligence
committees, and bring up to date as required, a report that--
``(A) identifies the number of supervisors and executives
who have been so appointed and the positions held by such
supervisors and executives; and
``(B) sets forth guidelines or other directives that
describe the responsibilities of such supervisors and
executives under this subsection.''.
SEC. 204. 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, two ems from the
left margin; 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)(3) of this section, the following new paragraph:
``(3) A judge of the court shall make a determination to approve,
deny, or seek modification of an application submitted pursuant to
section subsection (f) or (g) of section 105 not later than 24 hours
after the receipt of such application by the court.''.
SEC. 205. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR ORDERS
APPROVING ELECTRONIC SURVEILLANCE.
(a) System Required.--The Attorney General shall, in consultation
with the Director of the Federal Bureau of Investigation, the Director
of the National Security Agency, and the Foreign Intelligence
Surveillance Court, develop and implement a secure, classified document
management system that permits the prompt preparation, modification,
and review by appropriate personnel of the Department of Justice, the
Federal Bureau of Investigation, the National Security Agency, and
other applicable elements of the United States Government of
applications under section 104 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1804) before their submittal to the Foreign
Intelligence Surveillance Court.
(b) Scope of System.--The document management system required by
subsection (a) shall--
(1) permit and facilitate the prompt submittal of
applications to the Foreign Intelligence Surveillance Court
under section 104 or 105(g)(5) of the Foreign Intelligence
Surveillance Act of 1978; and
(2) permit and facilitate the prompt transmittal of rulings
of the Foreign Intelligence Surveillance Court to personnel
submitting applications described in paragraph (1).
SEC. 206. 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 hereby
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
hereby 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 hereby 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 hereby authorized for the Foreign
Intelligence Surveillance Court such additional staff personnel 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. 207. 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 to establish 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; and
(2) prescribe related training for the personnel of the
applicable agency.
SEC. 208. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN WARTIME.
Section 111 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1811) is amended by striking ``following a declaration of
war by the Congress'' and inserting ``following any of the following:
``(1) A declaration of war by the Congress.
``(2) An authorization for the use of military force within
the meaning of section 2(c)(2) of the War Powers Resolution (50
U.S.C. 1541(c)(2)).
``(3) A national emergency created by attack upon the
United States, its territories or possessions, or the Armed
Forces within the meaning of section 2(c)(3) of the War Powers
Resolution (50 U.S.C. 1541(c)(3)).''.
TITLE III--FOREIGN-FOREIGN COMMUNICATIONS
SEC. 301. 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).
TITLE IV--OTHER MATTERS
SEC. 401. DEFINITIONS.
In this Act:
(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) 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)).
(3) The term ``Foreign Intelligence Surveillance Court of
Review'' means the court established by section 103(b) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(b).
(4) The term ``United States person'' has the meaning given
such term in section 101(i) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(i)).
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.
Except as provided in section 103, 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (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.
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (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.
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (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.
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