[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1738 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1738

 To further the protection of constitutional rights in connection with 
          the conduct of Federal counterterrorism activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1995

Mr. Skaggs (for himself and Mr. Schiff) introduced the following bill; 
which was referred to the Committee on Government Reform and Oversight, 
 and in addition to the Committee on the Judiciary, 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


 
 To further the protection of constitutional rights in connection with 
          the conduct of Federal counterterrorism activities.
    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 ``Constitutional Rights Oversight 
Act''.

SEC. 2. ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL FOR FEDERAL 
              COUNTERTERRORISM ACTIVITIES.

    (a) Establishment as Independent Agency.--There is established as 
an independent agency in the executive branch of the Government an 
agency which shall be known as the ``Office of the Inspector General 
for Counterterrorism Activities''.
    (b) Purpose.--The purpose of the Office shall be to assure that 
counterterrorism activities of Federal agencies are carried out in a 
manner fully consistent with the requirements of the Constitution and 
in particular with the constitutional rights of individuals or groups 
of individuals who may be the subject of such counterterrorism 
activities or who are members of a group that may be the subject of 
such counterterrorism activities.
    (c) Rule of Construction.--This Act shall be construed to ensure 
the fullest protection of constitutional rights.

SEC. 3. INSPECTOR GENERAL FOR COUNTERTERRORISM ACTIVITIES.

    (a) In General.--The Office shall be under the direction and 
control of the Inspector General for Counterterrorism Activities.
    (b) Appointment.--The Inspector General shall be appointed by the 
President, by and with the advice and consent of the Senate, and shall 
report solely to the President. The term of the Inspector General shall 
be 6 years.
    (c) General Functions.--The Inspector General shall--
            (1) protect against abuses of constitutional rights and 
        civil liberties in the conduct of Federal counterterrorism 
        activities, as provided in this Act; and
            (2) with respect to counterterrorism agencies, perform all 
        functions that are performed under the Inspector General Act of 
        1978 (5 U.S.C. App.) with respect to establishments by 
        Inspectors General of establishments, without regard to section 
        8E of that Act.
    (d) Powers.--For the purpose of performing any function authorized 
under this Act, the Inspector General may exercise any power that is 
available under the Inspector General Act of 1978 to an Inspector 
General of an establishment, except that section 8E of that Act does 
not apply to the Inspector General.

SEC. 4. FUNCTIONS RELATING TO PROTECTION OF CONSTITUTIONAL RIGHTS.

    (a) Documents Related to Surveillance and Other Activities.--Each 
Federal official submitting to a court or another official any request 
for authorization for a search, wiretap, or other surveillance activity 
to be conducted for counterterrorism purposes or for deportation of any 
individual for reasons related to counterterrorism purposes shall as 
soon as practicable provide to the Inspector General a copy of the 
request together with all documents submitted to such court or official 
in support of such request.
    (b) Actions To Protect Constitutional Rights.--The Inspector 
General may provide to any court or another official receiving a 
request under subsection (a) a response to such request and may propose 
that such court or official take such action in response to such 
request as the Inspector General finds appropriate in order to assure 
the protection of the constitutional rights of any person likely to be 
affected by the granting of such request.
    (c) Public Involvement.--(1) The Inspector General shall provide 
for receipt and review of suggestions or complaints regarding the 
consistency with constitutional requirements of the conduct of 
counterterrorism activities by Federal agencies.
    (2) The Inspector General may refer any suggestion or complaint 
described in paragraph (1) to the appropriate Federal agency or 
agencies. Any agency to which such a suggestion or complaint is 
referred shall provide the Inspector General with a full and timely 
response to such suggestion or complaint.
    (d) Reports.--(1) The Inspector General shall submit to the 
Congress and the President annual reports reviewing compliance by 
counterterrorism agencies with protection of constitutional rights. The 
Inspector General shall also submit such special reports as the 
Inspector considers appropriate to promote full protection of 
constitutional rights with respect to counterterrorism activities of 
Federal agencies.
    (2) The Inspector General shall submit, with any report under this 
subsection that contains classified information, an unclassified 
summary.

SEC. 5. RELATIONSHIP TO LAWS REQUIRING SECURITY CLEARANCE.

    This Act shall not be considered or construed to affect any Federal 
law that requires the Inspector General or any personnel of the Office 
to obtain security clearance. The President shall take all steps 
necessary to assure that the Inspector General and any personnel of the 
Office are authorized, in accordance with those laws, to obtain all 
information appropriate for full implementation of this Act and the 
protection of constitutional rights.

SEC. 6. REFERENCES TO HEAD OF ESTABLISHMENT IN INSPECTOR GENERAL ACT OF 
              1978.

    For purposes of sections 2 and 3(a), a reference in the Inspector 
General Act of 1978 to the head of an establishment shall be treated as 
a reference to the President.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) The term ``counterterrorism agency'' means any Federal 
        agency involved in counterterrorism activities.
            (2) The term ``establishment'' has the meaning given that 
        term in section 11 of the Inspector General Act of 1978.
            (3) Except to the extent the context indicates otherwise, 
        the term ``Inspector General'' means the Inspector General for 
        Counterterrorism Activities appointed under this Act.
            (4) The term ``Office'' means the Office of the Inspector 
        General for Counterterrorism Activities established by this 
        Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.
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