[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3138 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3138

 To amend the Foreign Intelligence Surveillance Act of 1978 to update 
               the definition of electronic surveillance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2007

Mrs. Wilson of New Mexico (for herself, Mr. Boehner, Mr. Sensenbrenner, 
 Mr. Hoekstra, Mr. Blunt, Ms. Foxx, Mrs. Miller of Michigan, Mr. Issa, 
 Mr. McHugh, Mr. Rogers of Michigan, Mr. Everett, Mr. Thornberry, Ms. 
 Pryce of Ohio, Mr. Tiahrt, Ms. Granger, Mrs. Bachmann, Mr. Gallegly, 
    Mr. Putnam, Mr. Fossella, Mrs. Capito, Mr. Mario Diaz-Balart of 
Florida, Mr. Burgess, Ms. Ginny Brown-Waite of Florida, Mr. LaTourette, 
 Mr. Regula, Mr. Kuhl of New York, Mr. Castle, Mr. Frelinghuysen, Mr. 
Shays, Mr. English of Pennsylvania, and Mr. Smith of Texas) 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 amend the Foreign Intelligence Surveillance Act of 1978 to update 
               the definition of electronic surveillance.

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

SECTION 1. ELECTRONIC SURVEILLANCE.

    Section 101(f) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801(f)) is amended to read as follows:
    ``(f) `Electronic surveillance' means--
            ``(1) the installation or use of an electronic, mechanical, 
        or other surveillance device for acquiring information by 
        intentionally directing surveillance at a particular known 
        person who is reasonably believed to be in the United States 
        under circumstances in which that person has a reasonable 
        expectation of privacy and a warrant would be required for law 
        enforcement purposes; or
            ``(2) the intentional acquisition of the contents of any 
        communication under circumstances in which a person has a 
        reasonable expectation of privacy and a warrant would be 
        required for law enforcement purposes, if both the sender and 
        all intended recipients are reasonably believed to be located 
        within the United States.''.
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