text: 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.
target: Foreign Intelligence Surveillance Oversight and Resource Enhancement Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to: (1) authorize the appointment of additional judges to the Foreign Intelligence Surveillance Court (Court); and (2) require FISA judges to act on applications for emergency electronic surveillance within 24 hours. Authorizes the hiring of additional personnel in the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Security Agency (NSA), and the Court to process surveillance applications.
  
  Requires the Directors of the FBI and NSA to develop regulations for conducting and seeking approval for emergency electronic surveillance, preparing and submitting applications for such surveillance, and training personnel.
  
  Extends from 72 to 168 hours the period during which the Attorney General may authorize emergency electronic surveillance pending judicial authorization of such surveillance.
  
  Permits electronic surveillance without a court order of communications between individuals outside the United States for the purpose of collecting foreign intelligence information even if such communications pass through, or the surveillance device is located within, the United States. Requires a court order for the contents of any wire or radio communication sent by a person inside the United States to a person outside the United States.
  
  Authorizes enhanced congressional oversight of electronic surveillance activities under FISA.
  
  Requires Supreme Court review of any final decision of a U.S. court of appeals concerning the legality of the Terrorist Surveillance Program.
feat_title: 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-based 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.