[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 11 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                 H. R. 11

To reiterate that chapters 119 and 121 of title 18, United States Code, 
and the Foreign Intelligence Surveillance Act of 1978 are the exclusive 
 means by which domestic electronic surveillance may be conducted, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

Mr. Schiff (for himself, Mr. Flake, Mr. Van Hollen, Mr. Inglis of South 
  Carolina, Mr. Inslee, and Mr. Mack) 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


 
To reiterate that chapters 119 and 121 of title 18, United States Code, 
and the Foreign Intelligence Surveillance Act of 1978 are the exclusive 
 means by which domestic electronic surveillance may be conducted, 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 ``NSA Oversight Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On September 11, 2001, acts of treacherous violence 
        were committed against the United States and its citizens.
            (2) Such acts render it both necessary and appropriate that 
        the United States exercise its right to self-defense by 
        protecting United States citizens both at home and abroad.
            (3) The Federal Government has a duty to pursue al Qaeda 
        and other enemies of the United States with all available 
        tools, including the use of electronic surveillance, to thwart 
        future attacks on the United States and to destroy the enemy.
            (4) The President of the United States possesses the 
        inherent authority to engage in electronic surveillance of the 
        enemy outside of the United States consistent with his 
        authority as Commander-in-Chief under Article II of the 
        Constitution.
            (5) Congress possesses the authority to regulate electronic 
        surveillance within the United States.
            (6) The Fourth Amendment to the Constitution guarantees to 
        the American people the right ``to be secure in their persons, 
        houses, papers, and effects, against unreasonable searches and 
        seizures'' and provides that courts shall issue ``warrants'' to 
        authorize searches and seizures, based upon probable cause.
            (7) The Supreme Court has consistently held for nearly 40 
        years that the monitoring and recording of private 
        conversations constitutes a ``search and seizure'' within the 
        meaning of the Fourth Amendment.
            (8) The Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) and chapters 119 and 121 of title 18, 
        United States Code, were enacted to provide the legal authority 
        for the Federal Government to engage in searches of Americans 
        in connection with criminal investigations, intelligence 
        gathering, and counterintelligence.
            (9) The Foreign Intelligence Surveillance Act of 1978 and 
        specified provisions of the Federal criminal code, were 
        expressly enacted as the ``exclusive means by which electronic 
        surveillance ... may be conducted'' domestically pursuant to 
        law (18 U.S.C. 2511(2)(f)).
            (10) Warrantless electronic surveillance of Americans 
        inside the United States conducted without congressional 
        authorization may have a serious impact on the civil liberties 
        of citizens of the United States.
            (11) United States citizens, such as journalists, 
        academics, and researchers studying global terrorism, who have 
        made international phone calls subsequent to the terrorist 
        attacks of September 11, 2001, and are law-abiding citizens, 
        may have the reasonable fear of being the subject of such 
        surveillance.
            (12) Since the nature and criteria of the National Security 
        Agency (NSA) program is highly classified and unknown to the 
        public, many other Americans who make frequent international 
        calls, such as Americans engaged in international business, 
        Americans with family overseas, and others, have a legitimate 
        concern they may be the inadvertent targets of eavesdropping.
            (13) The President has sought and signed legislation 
        including the Uniting and Strengthening America by Providing 
        Appropriate Tools Required to Intercept and Obstruct Terrorism 
        (USA PATRIOT ACT) Act of 2001 (Public Law 107-56), and the 
        Intelligence Reform and Terrorism Protection Act of 2004 
        (Public Law 108-458), that have expanded authorities under the 
        Foreign Intelligence Surveillance Act of 1978.
            (14) It may be necessary and desirable to amend the Foreign 
        Intelligence Surveillance Act of 1978 to address new challenges 
        in the Global War on Terrorism. The President should submit a 
        request for legislation to Congress to amend the Foreign 
        Intelligence Surveillance Act of 1978 if the President desires 
        that the electronic surveillance authority provided by such Act 
        be further modified.
            (15) The Authorization for Use of Military Force (Public 
        Law 107-40), passed by Congress on September 14, 2001, 
        authorized military action against those responsible for the 
        attacks on September 11, 2001, but did not contain legal 
        authorization nor approve of domestic electronic surveillance 
        not authorized by chapters 119 or 121 of title 18, United 
        States Code, or the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.).

SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES 
              CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC 
              SURVEILLANCE MAY BE CONDUCTED.

    (a) Exclusive Means.--Notwithstanding any other provision of law, 
chapters 119 and 121 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 may be conducted.
    (b) Future Congressional Action.--Subsection (a) shall apply until 
specific statutory authorization for electronic surveillance, other 
than as an amendment to chapters 119 or 121 of title 18, United States 
Code, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.), is enacted. Such specific statutory authorization shall 
be the only exception to subsection (a).

SEC. 4. DISCLOSURE REQUIREMENTS.

    (a) Report.--As soon as practicable after the date of the enactment 
of this Act, but not later than 14 days after such date, the President 
shall submit to the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence of 
the Senate a report--
            (1) on the Terrorist Surveillance Program of the National 
        Security Agency;
            (2) on any program which involves the electronic 
        surveillance of United States persons in the United States, and 
        which is conducted by any department, agency, or other element 
        of the Federal Government, or by any entity at the direction of 
        a department, agency, or other element of the Federal 
        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 chapters 119 or 121 of title 18, United 
        States Code; and
            (3) including a general description of each United States 
        person who has been the subject of such electronic surveillance 
        not authorized to be conducted under the Foreign Intelligence 
        Surveillance Act of 1978 or chapters 119 or 121 of title 18, 
        United States Code, and the basis for the selection of each 
        person for such electronic surveillance.
    (b) Form.--The report submitted under subsection (a) may be 
submitted in classified form.
    (c) Access.--The Chair of the Permanent Select Committee on 
Intelligence of the House of Representatives and the Chair of the 
Select Committee on Intelligence of the Senate shall provide each 
member of the Committees on the Judiciary of the House of 
Representatives and the Senate, respectively, access to the report 
submitted under subsection (a). Such access shall be provided in 
accordance with security procedures required for the review of 
classified information.

SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.

    (a) Authority for Additional Judges.--The first sentence of section 
103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1803(a)) is amended by striking ``judicial circuits'' and inserting 
``judicial circuits, and any additional district court judges that the 
Chief Justice considers necessary for the prompt and timely 
consideration of applications under section 104,''.
    (b) Consideration of Emergency Applications.--Section 105(f) of 
such Act (50 U.S.C. 1805(f)) is amended by adding at the end the 
following new sentence: ``The judge receiving an application under this 
subsection shall review such application within 24 hours of the 
application being submitted.''

SEC. 6. STREAMLINING FISA APPLICATION PROCESS.

    (a) In General.--Section 104 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``detailed 
                description'' and inserting ``summary description'';
                    (B) in paragraph (7)--
                            (i) in subparagraph (C), by striking 
                        ``techniques;'' and inserting ``techniques; 
                        and'';
                            (ii) by striking subparagraph (D); and
                            (iii) by redesignating subparagraph (E) as 
                        subparagraph (D); and
                    (C) in paragraph (8), by striking ``a statement of 
                the means'' and inserting ``a summary statement of the 
                means''; and
            (2) in subsection (e)(1)(A), by striking ``or the Director 
        of National Intelligence'' and inserting ``the Director of 
        National Intelligence, or the Director of the Central 
        Intelligence Agency''.
    (b) Conforming Amendment.--Section 105(a)(5) of such Act (50 U.S.C. 
1805(a)(5)) is amended by striking ``104(a)(7)(E)'' and inserting 
``104(a)(7)(D)''.

SEC. 7. INTERNATIONAL MOVEMENT OF TARGETS.

    Section 105(d) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805(d)), as redesignated by section 7(4), is amended by 
adding at the end the following new paragraph:
    ``(4) An order issued under this section shall remain in force 
during the authorized period of surveillance notwithstanding the 
absence of the target from the United States, unless the Government 
files a motion to extinguish the order and the court grants the 
motion.''.

SEC. 8. 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 further amended by striking ``72 hours'' each 
place it appears and inserting ``168 hours''.

SEC. 9. 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 ``the Congress'' and inserting 
``the Congress or an authorization for the use of military force 
described in section 2(c)(2) of the War Powers Resolution (50 U.S.C. 
1541(c)(2)) if such authorization contains a specific authorization for 
electronic surveillance under this section.''.

SEC. 10. ACQUISITION OF COMMUNICATIONS BETWEEN PARTIES NOT IN THE 
              UNITED STATES.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is further amended--
            (1) by adding at the end of title I the following new 
        section:

   ``acquisition of communications between parties not in the united 
                                 states

    ``Sec. 112.  (a) In General.--Notwithstanding any other provision 
of this Act, a court order is not required for the acquisition of the 
contents of any communication between persons that are not located 
within the United States for the purpose of collecting foreign 
intelligence information, without respect to whether the communication 
passes through the United States or the surveillance device is located 
within the United States.
    ``(b) Treatment of Intercepted Communications Involving a Domestic 
Party.--If an acquisition described in subsection (a) inadvertently 
collects a communication in which at least one party to the 
communication is within the United States--
            ``(1) in the case of a communication acquired inside the 
        United States, the contents of such communication shall be 
        handled in accordance with minimization procedures adopted by 
        the Attorney General that require that no contents of any 
        communication to which a United States person is a party shall 
        be disclosed, disseminated, or used for any purpose or retained 
        for longer than 168 hours unless a court order under section 
        105 is obtained or unless the Attorney General determines that 
        the information indicates a threat of death or serious bodily 
        harm to any person; and
            ``(2) in the case of a communication acquired outside the 
        United States, the contents of such communication shall be 
        handled in accordance with minimization procedures adopted by 
        the Attorney General.''; and
            (2) in the table of contents in the first section, by 
        inserting after the item relating to section 111 the following:

``112. Acquisition of communications between parties not in the United 
                            States.''.

SEC. 11. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF 
              APPLICATIONS FOR ORDERS APPROVING ELECTRONIC 
              SURVEILLANCE.

    (a) Office of Intelligence Policy and Review.--
            (1) In general.--The Attorney General may hire and assign 
        personnel to the Office of Intelligence Policy and Review 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 approving electronic 
        surveillance for foreign intelligence purposes under section 
        105 of such Act (50 U.S.C. 1805).
            (2) Assignment.--The Attorney General shall assign 
        personnel hired and assigned pursuant to paragraph (1) to and 
        among appropriate offices of the National Security Agency in 
        order that such personnel may directly assist personnel of the 
        National Security Agency in preparing applications under 
        section 104 of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1804).
    (b) National Security Branch of the FBI.--
            (1) In general.--The Director of the Federal Bureau of 
        Investigation may hire and assign personnel to the National 
        Security Branch 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 (50 U.S.C. 1804) 
        for orders approving electronic surveillance for foreign 
        intelligence purposes under section 105 of such Act (50 U.S.C. 
        1805).
            (2) Assignment.--The Director of the Federal Bureau of 
        Investigation shall assign personnel hired and assigned 
        pursuant to 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 Federal Bureau of 
        Investigation in such field offices in preparing applications 
        under section 104 of the Foreign Intelligence Surveillance Act 
        of 1978 (50 U.S.C. 1804).
    (c) National Security Agency.--The Director of the National 
Security Agency may hire and assign 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 (50 
U.S.C. 1804) for orders approving electronic surveillance for foreign 
intelligence purposes under section 105 of such Act (50 U.S.C. 1805).
    (d) Foreign Intelligence Surveillance Court.--The presiding judge 
designated under section 103(b) of such Act may hire and assign 
personnel as may be necessary to carry out the prompt and timely 
consideration of applications under section 104 of such Act (50 U.S.C. 
1804) for orders approving electronic surveillance for foreign 
intelligence purposes under section 105 of that Act (50 U.S.C. 1805).

SEC. 12. DEFINITIONS.

    In this Act:
            (1) The term ``electronic surveillance'' has the meaning 
        given the term in section 101(f) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801(f)).
            (2) The term ``foreign intelligence information'' has the 
        meaning given the term in section 101(e) of such Act (50 U.S.C. 
        1801(e)).
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