![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin.....................................January 28, 2008**

> **Contents:**
>
> **H.R. 4240**---To designate the facility of the United States Postal
> Service located at 10799 West Alameda Avenue in Lakewood, Colorado, as
> the "Felix Sparks Post Office Building"
>
> **S. 2110---**A bill to designate the facility of the United States
> Postal Service located at 427 North Street in Taft, California, as the
> "Larry S. Pierce Post Office"**\
> H.Res. 832---**Honoring the Texas Water Development Board on its
> selection as a recipient of the Environmental Protection Agency's 2007
> Clean Water State Revolving Fund Performance and Innovation Award
>
> **H.Res. 845---**Recognizing the 60th anniversary of Everglades
> National Park
>
> **H.R. 3712---**To designate the Federal building and United States
> courthouse located at 1716 Spielbusch Avenue in Toledo, Ohio, as the
> "James M. & Thomas W.L. Ashley Customs Building and United States
> Courthouse"
>
> **H.R. 4140---**To designate the Port Angeles Federal Building in Port
> Angeles, Washington, as the "Richard B. Anderson Federal Building"
>
> **H.R. 3913---**To amend the International Center Act to authorize the
> lease or sublease of certain property described in such Act to an
> entity other than a foreign government or international organization
> if certain conditions are met
>
> **H.Res. 933---**Commending the Louisiana State University Tigers
> football team for winning the 2007 Bowl Championship Series national
> championship game
>
> **H.Res. 938---**Commending the West Virginia University Mountaineer
> football team for exemplifying the pride, determination, and spirit of
> the Mountain State and overcoming adversity with skill, commitment,
> and teamwork to win the 2008 Tostitos Fiesta Bowl
>
> **H.R. 5104---**To extend the Protect America Act of 2007 for 30 days

**H.R. 4240---To designate the facility of the United States Postal
Service located at 10799 West Alameda Avenue in Lakewood, Colorado, as
the "Felix Sparks Post Office Building" *(Perlmutter, D-CO) ***

**[Order of Business]{.underline}**: H.R. 4240 is scheduled for
consideration on Monday, January 28, 2008, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4240 would designate the facility of the
United States Postal Service located at 10799 West Alameda Avenue in
Lakewood, Colorado, as the "Felix Sparks Post Office Building."

**[Additional Background]{.underline}**: According to the Colorado Bar
Association, Felix Sparks was a lawyer, judge, and commander of the
3^rd^ Battalion of the Army's 45^th^ Infantry Division during World War
II. As leader of the 3^rd^ Battalion, Sparks commanded the first
Americans to enter the concentration camp at Dachau, Germany. After his
service, Sparks received a law degree and continued his career in
Colorado. On September 25, 2007, Sparks died at the age of 90.

**[Committee Action]{.underline}**: H.R. 4240 was introduced on November
15, 2007, and was referred to the Committee on Oversight and Government
Reform, which held a mark-up and reported the bill by voice vote on
December 12, 2007.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 4240 is
unavailable, but the only costs associated with a U.S. post office
renaming are those for sign and map changes, none of which significantly
affect the federal budget.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post roads.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

**S. 2110---A bill to designate the facility of the United States Postal
Service located at 427 North Street in Taft, California, as the "Larry
S. Pierce Post Office" *(Sen. Feinstein, D-CA) ***

**[Order of Business]{.underline}**: S. 2110 is scheduled for
consideration on Monday, January 28, 2008, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: S. 2110 would designate the facility of the
United States Postal Service located at 427 North Street in Taft,
California, as the "Larry S. Pierce Post Office."

**[Additional Background]{.underline}**: Larry Pierce was a Sergeant in
the U.S. Army who posthumously received the Congressional Medal of Honor
following his death in Vietnam in 1965. According to U.S. Army, Sergeant
Pierce served as squad leader of a platoon of soldiers that was
ambushed. Under Pierce's leadership, his platoon defeated and pursued
the enemy. During the chase, Pierce discovered a mine on the road had
been tripped and he threw himself directly onto the mine as it exploded
to save the lives of his men. Sergeant Pierce was 24 at the time of his
death.

**[Committee Action]{.underline}**: S. 2110 was received from the Senate
on December 4, 2007, and was referred to the Committee on Oversight and
Government Reform, which held a mark-up and reported the bill by voice
vote on December 12, 2007.

[**Cost to Taxpayers**:]{.underline} A CBO score of S. 2110 is
unavailable, but the only costs associated with a U.S. post office
renaming are those for sign and map changes, none of which significantly
affect the federal budget.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post roads.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.Res. 832---Honoring the Texas Water Development Board on its selection
as a recipient of the Environmental Protection Agency's 2007 Clean Water
State Revolving Fund Performance and Innovation Award *(Johnson, D-TX)*

**[Order of Business]{.underline}**: H.Res. 832 is scheduled to be
considered on Monday, January 28, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 832 would express the sense that the
House:

-   "Honors the Texas Water Development Board on their selection as the
    Environmental Protection Agency's 2007 Clean Water State Revolving
    Fund Performance and Innovation Award recipient; and

-   "Recognizes the importance of adequate investment and management of
    water resources in sustainable development, including environmental
    integrity and human health and overall quality of life in the United
    States."

The resolution lists a number of findings, including:

-   "On November 5, 2007, the Texas Water Development Board (TWDB) was
    honored as a recipient of the Environmental Protection Agency's 2007
    Performance and Innovation in the Clean Water State Revolving Fund
    (CWSRF) Creating Environmental Success Award at the Council of
    Infrastructure Financing Authorities annual conference in Denver,
    Colorado;

-   "The CWSRF program in Texas has been a front-runner and
    precedent-setting program in wastewater management for many years,
    and the State\'s CWSRF leveraging practices as well as other
    established management practices are used by many other States as
    examples to enhance the management of their funds;

-   "The CWSRF in Texas has successfully awarded communities
    approximately \$4,300,000,000 in low-interest loans to finance 472
    water infrastructure projects across the State of Texas; and

-   "These projects, which serve approximately one-half of the
    population of Texas and treat about 2,100,000,000 gallons per day of
    wastewater, provide direct environmental and public health
    benefits."

**[Committee Action]{.underline}**: H.Res. 832 was introduced on
November 15, 2007, and referred to the Committee on Transportation and
Infrastructure, which held a mark-up and reported the resolution, by
voice vote on January 16, 2008.\
\
**[Cost to Taxpayers:]{.underline}** The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.Res. 845---Recognizing the 60th anniversary of Everglades National
Park *(Hastings, D-FL)*

**[Order of Business]{.underline}**: H.Res. 845 is scheduled to be
considered on Monday, January 28, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 845 would express the sense that the
House:

-   "Recognizes the 60th anniversary of Everglades National Park; and

-   "Dedicates itself to the success of the Comprehensive Everglades
    Restoration Plan."

The resolution lists a number of findings, including:

-   "Everglades National Park will celebrate its 60th anniversary on
    December 6, 2007;

-   "When President Harry S. Truman dedicated Everglades National Park
    on December 6, 1947, he stated: 'Here is land, tranquil in its quiet
    beauty, serving not as the source of water, but as the last receiver
    of it. To its natural abundance we owe the spectacular plant and
    animal life that distinguishes this place from all others in our
    country';

-   "The Everglades ecosystem encompasses 3,000,000 acres of wetlands
    and is the largest subtropical wilderness in the United States
    featuring slow-moving freshwater that flows south from Lake
    Okeechobee through sawgrass and tree islands to the mangroves and
    seagrasses of Florida Bay;

-   "Everglades National Park is the subject of the most extensive
    ecosystem restoration plan in the history of mankind, the
    Comprehensive Everglades Restoration Plan; and

-   "This restoration plan must succeed in order for the treasures of
    Everglades National Park to be passed on to our children and
    grandchildren."

**[Committee Action]{.underline}**: H.Res. 845 was introduced on
December 5, 2007, and referred to the Committee on Transportation and
Infrastructure's Subcommittee on Water Resources and Environment. On
January 16, 2008, the full committee held a mark-up and reported the
resolution, as amended, by voice vote.\
\
**[Cost to Taxpayers:]{.underline}** The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

**H.R. 3712**---**To designate the Federal building and United States
courthouse located at 1716 Spielbusch Avenue in Toledo, Ohio, as the
"James M. & Thomas W.L. Ashley Customs Building and United States
Courthouse" *(Kaptur, D-OH) ***

**[Order of Business]{.underline}**: H.R. 3712 is scheduled for
consideration on Monday, January 28, 2008, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3712 would designate the Federal
building and United States courthouse located at 1716 Spielbusch Avenue
in Toledo, Ohio, as the "James M. & Thomas W.L. Ashley Customs Building
and United States Courthouse."

**[Additional Background]{.underline}**: According to [House Report
110---445](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr455)),
James M. Ashley was an abolitionist Congressman from Ohio. James Ashley
was elected to Congress in 1858 and served in the House for five terms.
During his time in Congress, James Ashley was the first Member to call
for a constitutional amendment to outlaw slavery. Following his career
in Congress Ashley went on to serve as the Governor of the Montana
Territory, where he served until 1870.

Thomas W.L. Ashley, James Ashley's great grandson, served in Congress as
a representative from Ohio for 13 terms. During his time in office
Thomas Ashley served as the Chairman of the Select Committee on Energy,
Chairman of the Committee on Merchant Marine and Fisheries, and the
Assistant Majority Whip.

**[Committee Action]{.underline}**: H.R. 3712 was introduced on October
1, 2007, and was referred to the Committee on Transportation and
Infrastructure's Subcommittee on Economic Development, Public Buildings
and Emergency Management. On October 30, 2007, the subcommittee held a
mark-up and forwarded the bill, as amended, to the full committee. The
full committee held a mark-up and reported the bill by voice vote on
October 31, 2007.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 3712 is
unavailable, but the only costs associated with a U.S. post office
renaming are those for sign and map changes, none of which significantly
affect the federal budget.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post roads.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

**H.R. 4140**---**To designate the Port Angeles Federal Building in Port
Angeles, Washington, as the "Richard B. Anderson Federal Building"
*(Dicks, D-WA) ***

**[Order of Business]{.underline}**: H.R. 4140 is scheduled for
consideration on Monday, January 28, 2008, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4140 would designate the Port Angeles
Federal Building in Port Angeles, Washington, as the "Richard B.
Anderson Federal Building."

**[Additional Background]{.underline}**: According to the U.S. Marine
Corps, Richard B. Anderson was born in Tacoma, Washington, on June 26,
1921. Anderson joined the Marine Corps in July of 1942 and was sent to
fight in the Pacific Theatre. On February 1, 1944, Anderson was engaged
in battle on Roi Island, Kwajalein Atoll, Marshall Islands, when he
threw himself on a live grenade in order to save the men he was with.
Anderson died of his wounds and was buried at see with full military
honors. For his bravery and heroism, Anderson was posthumously awarded
the Medal of Honor.

**[Committee Action]{.underline}**: H.R. 4140 was introduced on November
9, 2007, and was referred to the Committee on Transportation and
Infrastructure, which held a mark-up and reported the bill by voice vote
on January 16, 2007.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 4140 is
unavailable, but the only costs associated with a U.S. post office
renaming are those for sign and map changes, none of which significantly
affect the federal budget.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post roads.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 3913---To amend the International Center Act to authorize the lease
or sublease of certain property described in such Act to an entity other
than a foreign government or international organization if certain
conditions are met (Ros-Lehtinen, R-FL)

**[Order of Business]{.underline}**: H.R. 3913 is expected to be
considered on Monday, January 28, 2008, on a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 3913 would amend current law to allow
certain parcels of federal property in the District of Columbia to be
leased or subleased to any entity or organization with the consent of
the Secretary of State. Under current law, the specific property may not
be leased to a group or entity that is not a foreign government or
international organization.

**[Additional Information]{.underline}**: According to the CBO, the
specific parcel of land referred to in H.R. 3912 has been leased since
1982 by Intelsat, a provider of fixed satellite technology that is used
by media, telecom and government service providers. Intelsat was
initially created in 1964 as an international organization, but was
privatized in 2001. Under current law the property, located at the
International Chancery Center in Washington, D.C., may only be leased by
foreign governments and international organizations. H.R. 3912 would
clarify language to allow for Intelsat to continue leasing the property.

**[Committee Action]{.underline}**: H.R. 3913 was introduced on October
22, 2007, and referred to the Committee on Transportation and
Infrastructure, which held a mark-up and reported the bill by voice vote
on January 16, 2008.

**[Cost to Taxpayer]{.underline}**: According to CBO, H.R. 3913 would
have no budgetary effect.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.

[]{.mark}

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.

[]{.mark}

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable. However, House Rule XIII,
Section 3(d)(1), requires that all committee reports contain "a
statement citing the *specific* powers granted to Congress in the
Constitution to enact the law proposed by the bill or joint resolution."
*\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.Res. 933---Commending the Louisiana State University Tigers football
team for winning the 2007 Bowl Championship Series national championship
game (Baker, R-LA)

**[Order of Business]{.underline}**: H.Res. 933 is scheduled to be
considered on Monday, January 28, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 933 would express the sense that the
House:

-   "Commends the Louisiana State University Tigers football team for
    winning the 2007 Bowl Championship Series national championship
    game;

-   "Recognizes the achievements of all the players, coaches, and
    support staff who were instrumental in helping the Louisiana State
    University football team during the 2007 football season;

-   "Congratulates the citizens of Louisiana, the Louisiana State
    University community and fans of Tiger football; and

-   "Directs the Clerk of the House of Representatives to make available
    enrolled copies of this resolution to Louisiana State University for
    appropriate display and distribution to the coaches and members of
    the 2007 Louisiana State University football team."

The resolution lists a number of findings, including:

-   "The Louisiana State University Tigers football team won the 2007
    Bowl Championship Series national championship game, defeating the
    Ohio State University by a score of 38 to 24 at the Louisiana
    Superdome in New Orleans, Louisiana, on January 7, 2008;

-   "The Louisiana State University football team won the Southeastern
    Conference Championship, on December 1, 2007, defeating the
    University of Tennessee by a score of 21 to 14 in the Southeastern
    Conference championship game at the Georgia Dome in Atlanta,
    Georgia;

-   "The Louisiana State University football team won 12 games during
    the 2007 season;

-   "The Louisiana State University football team won 7 games against
    nationally ranked opponents during the 2007 season;

-   "Louisiana State University head coach Les Miles has led the Tiger
    football program to 34 wins, 20 Southeastern Conference victories,
    14 wins over nationally ranked opponents, and three double-digit win
    seasons as head coach; and

-   "Louisiana State University is the first team to win two Bowl
    Championship Series national championship titles, having won two
    titles in 5 years."

**[Committee Action]{.underline}**: H.Res. 933 was introduced on January
18, 2008, and referred to the Committee on Education and Labor, which
took no official action.\
\
**[Cost to Taxpayers:]{.underline}** The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.Res. 938---Commending the West Virginia University Mountaineer
football team for exemplifying the pride, determination, and spirit of
the Mountain State and overcoming adversity with skill, commitment, and
teamwork to win the 2008 Tostitos Fiesta Bowl *(Mollohan, D-WV)*

**[Order of Business]{.underline}**: H.Res. 938 is scheduled to be
considered on Monday, January 28, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 938 would express the sense that the
House:

-   "Congratulates the West Virginia University Mountaineer football
    team for winning the 2008 Tostitos Fiesta Bowl; and

-   "Commends the team for demonstrating throughout the season the best
    qualities of teamwork, dedication, and sportsmanship."

The resolution lists a number of findings, including:

-   "The West Virginia University Mountaineer football team won the 2008
    Tostitos Fiesta Bowl, defeating the University of Oklahoma Sooners
    by a score of 48 to 28 in Glendale, Arizona, on January 2, 2008;

-   "The Mountaineer football team has been a source of great pride for
    West Virginians throughout the years;

-   "The people of West Virginia take their team's triumphs and setbacks
    as their own, in times of hardship and prosperity;

-   "The Mountaineers displayed uncommon intensity and determination in
    preparing for the challenge of meeting one of the best teams in the
    country in the Tostitos Fiesta Bowl;

-   "Mountaineer athletic director Ed Pastilong has instilled in the
    athletic department of West Virginia University the highest
    standards of ethics and performance throughout his many years of
    leadership; and

-   "The Mountaineers and their new head coach Bill Stewart have brought
    great honor to themselves, their university, and the State of West
    Virginia."

**[Committee Action]{.underline}**: H.Res. 938 was introduced on January
18, 2008, and referred to the Committee on Education and Labor, which
took no official action.\
\
**[Cost to Taxpayers:]{.underline}** The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 5104---To extend the Protect America Act of 2007 for 30 days
*(Conyers, D-MI)*

**[Order of Business]{.underline}**: H.R. 5104 is expected to be
considered on Monday, January 28, 2008, on a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 5104 would extend the provisions of the
Protect America Act of 2007 (PAA), which defines certain procedures to
request and initiate foreign electronic surveillance, for thirty days.
Under current law, the PAA is set to expire on February 1, 2008.

While the Senate debates possible long-term amendments to the Foreign
Intelligence Surveillance Act (FISA), the PAA allows the U.S.
intelligence community to conduct foreign electronic surveillance. The
specific provisions of the PAA, which passed the House by a vote of
[227---183](http://clerk.house.gov/evs/2007/roll836.xml) on August 4,
2007, are listed below.

*Additional Procedures for Authorizing Certain Electronic Surveillance.*

-   States that nothing in the definition of electronic surveillance
    (section 101(f) of FISA) may be construed to encompass surveillance
    directed at a person reasonably believed to be outside the U.S. In
    other words, if the person under surveillance is outside the U.S.,
    it does [not]{.underline} qualify as "electronic surveillance" and
    therefore is not subject to the same restrictions, court orders,
    etc.

-   Authorizes Director of National Intelligence (DNI) and the Attorney
    General (AG) to authorize the acquisition of foreign intelligence
    information for up to one year on persons believed to be outside the
    U.S., if:

    -   "reasonable procedures" are in place to determine that the
        information acquired concerns persons reasonably believed to be
        outside the U.S. (and such procedures are subject to court
        review);

    -   the acquisition does not constitute electronic surveillance;

    -   the acquisition involves obtaining the foreign intelligence
        information from or with the assistance of a communications
        service provider (or related person or agent) who has access to
        communications;

    -   a significant purpose of the acquisition is to obtain foreign
        intelligence information; and

    -   the minimization procedures to be used adhere to current law.

> [Foreign intelligence information]{.underline} is defined in U.S. Code
> to mean information necessary to protect the United States against
> actual or potential grave attack, sabotage, or international
> terrorism.
>
> [Electronic surveillance]{.underline} means the acquisition (using a
> surveillance device) of any wire, radio, or related electronic
> communication sent or received by a known U.S. person where the person
> has a reasonable expectation of privacy and a warrant would be
> required for law enforcement purposes.
>
> [Minimization procedures]{.underline} means specific procedures that
> must be adopted by the AG designed to minimize the acquisition and
> retention -- and to prohibit the dissemination -- of non-publicly
> available information concerning nonconsenting U.S. persons.
>
> *Source: 50 U.S.C 1801(e).*

-   Requires the determination by the DNI or the AG of the above-noted
    provisions to be in the form of a written certification, under oath,
    supported as appropriate by affidavit of appropriate officials in
    senior positions in the national security field.

-   States that the certification is not required to identify the
    specific facilities, places, premises, or property where the
    acquisition of foreign intelligence information is being directed.

-   Requires the AG to transmit "as soon as practicable" a copy of a
    certification (under seal) to the applicable court.

-   Allows an acquisition to be conducted based on oral instructions by
    the AG or NDI if time does not permit the preparation of a
    certification, and requires the AG and NDI to ensure that
    minimization and other relevant procedures are adhered to.

-   Authorizes the DNI or AG, regarding an authorized acquisition, to
    direct a person to:

    -   immediately provide the government with all information and
        assistance necessary to accomplish the acquisition, and in a way
        that will protect the secrecy of the acquisition and produce
        minimum interference with any services the person may be
        providing;

    -   maintain, under security procedures approved by the AG, any
        applicable records regarding the acquisition or aid furnished.

-   Requires that the government compensate, at a prevailing rate, a
    person for providing information and assistance pursuant to the
    above provision.

-   Authorizes the AG, in the case of a failure to comply with a
    directive to comply with an acquisition, to invoke the aid of the
    relevant court, and directs the court to issue an order requiring
    the person to comply (if the directive is found to comply with
    regulations). Failure to obey the court's order may be punished by
    the court as contempt of court.

-   Allows any person receiving a directive (regarding an acquisition)
    to challenge the legality of that directive by filing a petition
    under procedures set forth in current law (section 103(e)(1) of
    FISA), and requires the court to conduct an initial review within 48
    hours, among other stipulations.

-   Requires the AG, within 120 days of enactment, to submit to the
    applicable court the procedures by which the government determines
    that acquisitions (section 105b, regarding foreign intelligence) do
    not constitute electronic surveillance (i.e. -- does not involve
    surveillance on U.S persons). These procedures must be updated and
    resubmitted to the court annually. Unless the court concludes that
    the determination used is "clearly erroneous," it must enter an
    order approving the continued use of the procedures. If the court
    finds the determination to be clearly erroneous, the government must
    submit new procedures within 30 days.

-   Requires the AG, on a semi-annual basis, to inform the relevant
    congressional committees concerning acquisitions during the previous
    6-month period. The report must include incidents of non-compliance
    by the intelligence community of the established guidelines, and the
    number of certifications and directives issued during the reporting
    period.

-   Sunset: All of the above-mentioned provisions expire 30 days after
    enactment

**[Additional Information]{.underline}**: FISA was created in 1978 to
establish a process for obtaining a court order to conduct foreign
intelligence surveillance within the United States. Due to dramatic
changes in telecommunications technology since then, FISA now frequently
requires government officials to obtain a court order to gather
information on suspected terrorists and various other foreign
intelligence targets located overseas. Federal law has not historically
restricted law enforcement officials or intelligence agents from
monitoring overseas communications, and this bill is intended to address
these concerns.

The PAA is [supported]{.underline} by Intelligence Committee Affairs
Ranking Member Pete Hoekstra and Judiciary Committee Ranking Member
Lamar Smith.

**[Committee Action]{.underline}**: H.R. 5104 was introduced on January
23, 2007, and was referred to the House Judiciary Committee and the
Intelligence Permanent Select Committee, neither of which took official
action.

**[Cost to Taxpayer]{.underline}**: A CBO score of H.R. 5104 was not
available.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.

[]{.mark}

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.

[]{.mark}

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable. However, House Rule XIII,
Section 3(d)(1), requires that all committee reports contain "a
statement citing the *specific* powers granted to Congress in the
Constitution to enact the law proposed by the bill or joint resolution."
*\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

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