National Security Surveillance Act of 2006

Bill: 109-s-2453
Sponsor: Sen. Specter, Arlen [R-PA]
Introduced: 2006-03-16 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Appellate procedure
Armed Forces and National Security
Classified defense information
Congress
Congress and foreign policy
Congressional oversight
Congressional reporting requirements
Counterintelligence
Courts of special jurisdiction
Criminal investigation
Data banks
Department of Defense
Department of Justice
Electronic surveillance
Evidence (Law)
Federal Bureau of Investigation (FBI)
Federal law enforcement officers
Foreign agents
Government Operations and Politics
Governmental investigations
Information leaking
International Affairs
Judicial opinions
Jurisdiction
Law
Management information systems
President and foreign policy
Presidential powers
Searches and seizures
State-sponsored terrorism
Supreme Court
Terrorism
Warrants (Law)

Summary:
action_date: 2006-03-16
text: 
National Security Surveillance Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (the Act) to establish a new title relating to electronic surveillance.
 
Gives the Foreign Intelligence Surveillance Court (Court) (established under the Act) jurisdiction to review U.S. electronic surveillance programs (programs) that seek to obtain foreign intelligence information or protect against international terrorism or clandestine intelligence activities. Allows the Court to issue an order that authorizes a program for up to 45 days. Requires the Attorney General, at the end of each 45-day period, to apply for reauthorization of such order. Allows for application modifications and appeals when applications are denied.
 
Outlines program application requirements, including a statement: (1) that the program is consistent with constitutional requirements; (2) that the information sought cannot reasonably be obtained by conventional investigative techniques; and (3) containing the name, identity, or description of the foreign power or agent thereof seeking to commit an act of international terrorism or clandestine intelligence activity against the United States. Outlines procedures for Court approval of such applications.
 
Directs the President, whenever requested, to report to each Member of the congressional intelligence committees on the management and operational details of such programs. Requires an additional semiannual report on all electronic surveillance conducted.
 
Allows the President to authorize electronic surveillance without a court order to acquire foreign intelligence information for up to 45 days following a declaration of war by Congress.

action_date: 2006-09-13
text: 
National Security Surveillance Act of 2006 - (Sec. 4) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new title relating to electronic surveillance. Gives the Foreign Intelligence Surveillance Court (Court) (established under FISA) jurisdiction to issue an order, lasting no longer than 90 days, that authorizes an electronic surveillance program as defined by such title (program) to obtain foreign intelligence information or to protect against international terrorism. Allows the Court to reauthorize a program for a period of time it determines reasonable. Allows the Attorney General (AG) to submit a new application if the Court refuses to approve an application for a program. Prohibits limiting the number of times the AG may seek approval of an electronic surveillance program. Permits the AG to appeal the decision of the Foreign Intelligence Surveillance Court to the Foreign Intelligence Surveillance Court of Review. Requires an originating court of review, under specified circumstances, to transfer to the Foreign Intelligence Court of Review certain cases which the AG alleges that further review in the originating court would harm U.S. national security. Subjects decisions of the Foreign Intelligence Court of Review to certiorari review in the U.S. Supreme Court.
 
(Sec. 5) Outlines requirements for each application for approval of a program, including that the application: (1) be made by the AG or his designee; (2) set forth the legal basis for the conclusion by the AG that the electronic surveillance program is consistent with the Constitution; (3) certify that a significant purpose of the program is to gather foreign intelligence information or to protect against international terrorism; (4) state the means and procedures by which the electronic tracking will be executed; and (5) state proposed minimization procedures (procedures to minimize interruption of normal communications service and to protect the confidentiality of information obtained).
 
(Sec. 6) Requires the Court to enter an ex parte order approving the application for a program if it finds that: (1) the President has authorized the AG to make the application; (2) program approval is consistent with the U.S. Constitution; (3) the program is intercepting communications of or with a foreign power engaged in international terrorism, an agent of such a foreign power, or a person believed to be in communication or associated with such a foreign power or agent; (4) proposed minimization procedures meet FISA requirements; and (5) the application contains all other required statements and certifications. Provides elements to be considered by the Court in determining the constitutionality of a program.
 
(Sec. 7) Requires the AG to report to the congressional intelligence committees at least every 180 days on activities under authorized programs.
 
(Sec. 8) Prohibits any provision of this Act from being construed to limit the constitutional authority of the President to collect intelligence with respect to foreign powers and agents thereof.
 
Repeals FISA provisions permitting electronic surveillance, physical searches, and the use of a pen register or trap by the President following a declaration of war for up to 15 days without a court order.
 
(Sec. 9) Revises FISA provisions concerning: (1) the definition of electronic surveillance; (2) the conduct of such surveillance without a court order for periods of up to one year upon the AG making certain certifications; (3) the designation of judges; (4) applications for court orders; (5) the issuance of orders; (6) the use of information; (7) congressional oversight; and (8) penalties. Defines the term &quot;physical search.&quot;
 
Authorizes the AG to deliver to a provider of communications service, landlord, custodian, or other person with access to electronic communications a certificate requiring the person to furnish any information, facilities, or technical assistance to an official authorized by the President to engage in electronic surveillance for foreign intelligence purposes, for periods of up to one year if the AG certifies in writing to the carrier that the provision of such information, facilities, or technical assistance does not constitute electronic surveillance as defined under FISA.
 
States that electronic surveillance directed solely at the collection of international radio communications of diplomatically immune persons in the United States may be authorized by an official designated by the President in accordance with procedures approved by the AG.
 
Allows an order to approve the emergency employment of electronic surveillance for a period not to exceed one year, with an authorized one-year extension. Requires an application for an emergency order to be made to the Court or another judge having jurisdiction within seven days (currently, 72 hours) after the surveillance is authorized.
 
Requires the AG and Director of National Intelligence to conduct a feasibility study to develop and implement a secure, classified document management system for the preparation, modification, and review of applications for orders approving electronic surveillance.


Legislative actions:
action_date: 2006-09-13
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 609.
action_date: 2006-09-13
text: Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
action_date: 2006-09-13
text: Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
action_date: 2006-09-13
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2006-09-07
text: Committee on the Judiciary. Committee consideration and Mark Up Session held.
action_date: 2006-08-03
text: Committee on the Judiciary. Committee consideration and Mark Up Session held.
action_date: 2006-08-02
text: Committee on the Judiciary. Hearings held.
action_date: 2006-07-26
text: Committee on the Judiciary. Hearings held.
action_date: 2006-04-27
text: Committee on the Judiciary. Committee consideration and Mark Up Session held.
action_date: 2006-03-16
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S2341-2376)
action_date: 2006-03-16
text: Sponsor introductory remarks on measure. (CR S2340-2341)
action_date: 2006-03-16
text: Introduced in Senate