I
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 connec-
tion with the conduct of Federal counterterrorism
activities.
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 ‘‘Constitutional Rights
Oversight Act’’.
SEC. 2. ESTABLISHMENT OF OFFICE OF INSPECTOR GEN-
ERAL FOR FEDERAL COUNTERTERRORISM
ACTIVITIES.
(a) ESTABLISHMENT AS INDEPENDENT AGENCY.—
There is established as an independent agency in the exec-
utive 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 re-
quirements 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 con-
strued to ensure the fullest protection of constitutional
rights.
SEC. 3. INSPECTOR GENERAL FOR COUNTERTERRORISM
ACTIVITIES.
(a) IN GENERAL.—The Office shall be under the di-
rection 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 Presi-
dent. 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 Inspec-
tor 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 CON-
STITUTIONAL 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 deporta-
tion 
of 
any 
individual 
for 
reasons 
related 
to
counterterrorism purposes shall as soon as practicable
provide to the Inspector General a copy of the request to-
gether with all documents submitted to such court or offi-
cial 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 sub-
section (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 Gen-
eral 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 In-
spector General with a full and timely response to such
suggestion or complaint.
(d) REPORTS.—(1) The Inspector General shall sub-
mit to the Congress and the President annual reports re-
viewing compliance by counterterrorism agencies with pro-
tection of constitutional rights. The Inspector General
shall also submit such special reports as the Inspector con-
siders appropriate to promote full protection of constitu-
tional rights with respect to counterterrorism activities of
Federal agencies.
(2) The Inspector General shall submit, with any re-
port under this subsection that contains classified infor-
mation, an unclassified summary.
SEC. 5. RELATIONSHIP TO LAWS REQUIRING SECURITY
CLEARANCE.
This Act shall not be considered or construed to af-
fect 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 IN-
SPECTOR 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 estab-
lishment 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 ac-
tivities.
(2) The term ‘‘establishment’’ has the meaning
given that term in section 11 of the Inspector Gen-
eral 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 es-
tablished 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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