I 
109TH CONGRESS 
2D SESSION 
H. R. 5223 
To establish the National Commission on Surveillance Activities and the 
Rights of Americans. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2006 
Mr. CONYERS (for himself, Mr. WEXLER, Mr. GRIJALVA, Mr. SANDERS, Mr. 
MCDERMOTT, Ms. SCHAKOWSKY, Mr. STARK, Mr. CAPUANO, Ms. 
MCCOLLUM of Minnesota, Ms. BALDWIN, Mr. HONDA, Mrs. MALONEY, 
Mr. VAN HOLLEN, Mr. FARR, and Ms. LEE) introduced the following bill; 
which was referred to the Select Committee on Intelligence (Permanent 
Select), and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To establish the National Commission on Surveillance 
Activities and the Rights of Americans. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Surveillance Activities 
Commission Act of 2006’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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(1) the term ‘‘Commission’’ means the National 
Commission on Surveillance Activities and the 
Rights of Americans established under section 3; 
(2) the term ‘‘electronic surveillance’’ has the 
same meaning as in section 101 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1801); 
(3) the term ‘‘Foreign Intelligence Surveillance 
Court’’ means the court established under section 
103(a) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1803(a)); 
(4) the terms ‘‘pen register’’ and ‘‘trap and 
trace device’’ have the same meaning as in section 
3127 of title 18, United States Code; 
(5) The term ‘‘physical search’’ has the same 
meaning as in section 301 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1821); 
(6) the term ‘‘surveillance’’ means any elec-
tronic surveillance, physical search, use of a pen reg-
ister or trap and trace device, order for the produc-
tion of any tangible item, or surveillance activity for 
which a Federal or State government agent is re-
quired to obtain a warrant, before or after engaging 
in the activity; and 
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(7) the term ‘‘warrantless surveillance pro-
gram’’ means a program of warrantless surveillance 
conducted inside the United States by any Federal 
or State agency. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
There is established in the legislative branch the Na-
tional Commission on Surveillance Activities and the 
Rights of Americans to conduct an investigation and to 
study governmental operations with respect to warrantless 
surveillance conducted inside the United States and intel-
ligence activities, and the extent, if any, to which illegal, 
improper, or unethical activities were engaged in by any 
Federal, State, or local government agency or any person 
employed by a Federal, State, or local government. 
SEC. 4. PURPOSES. 
The purposes of the Commission are to— 
(1) examine and report upon the facts, causes, 
and use of executive authority relating to any 
warrantless surveillance conducted inside the United 
States that occurred after September 11, 2001, by 
the National Security Agency or any other Federal 
or State agency, and the extent to which any illegal, 
improper, or unethical activities were engaged in by 
any agency or by any person, acting either individ-
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ually or in combination with others, in carrying out 
any surveillance activities; 
(2) examine the origin and operation of any 
warrantless surveillance conducted inside the United 
States, including the collection, processing, analysis, 
dissemination, and retention of intelligence informa-
tion; 
(3) report on any constitutional, statutory, and 
regulatory basis for any warrantless surveillance pro-
gram, including all presidential orders and author-
izations, and all opinions, instructions, or guidance 
concerning any warrantless surveillance program 
provided by the Department of Justice, the Director 
of Central Intelligence, the Director of National In-
telligence, the Director of the National Security 
Agency, the Department of Defense, or any depart-
ment, office, or agency of the Federal Government, 
and any of their subordinate offices or officials, ei-
ther in writing or verbally; 
(4) examine any periodic reviews of any 
warrantless surveillance program, including all re-
views conducted by the National Security Agency In-
spector General, the Department of Justice, or any 
other Federal agency; 
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