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ask.heather@mail.house.gov
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In Washington DC
442 Cannon House
Office Building
Washington, DC
20515
202-225-6316 Phone
202-225-4975 Fax |
In Albuquerque
20 First Plaza NW
Suite 603
Albuquerque, NM
87102
505-346-6781 Phone
505-346-6723 Fax |  |
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Congresswoman Heather Wilson, First Congressional District of New Mexico
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| Wilson Releases Summary of Electronic Surveillance Act of 2006 |
July 14, 2006 |
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| Subcommittee Chair to Introduce the Bill Tuesday, July 18
Washington, DC – Congresswoman Heather Wilson, chair of the House Subcommittee on Technical and Tactical Intelligence, today released the following summary of the Electronic Surveillance Act of 2006. The legislation will be introduced Tuesday, July 18, 2006, and the complete text will be available at that time.
The Electronic Surveillance Modernization Act of 2006 will amend the Foreign Intelligence Surveillance Act (FISA).
The bill will:
Strengthen oversight of the executive branch and enhance accountability by requiring that more information be provided to the courts and each member of the House and Senate Intelligence committees receive information concerning electronic surveillance,
Modernize and simplify the process of getting a FISA warrant so that we focus resources on protecting civil liberties of Americans,
Update the FISA law to take into account changes in twenty-first century communications so that our intelligence agencies can use their powerful tools to spy on terrorists while protecting the privacy of Americans,
Provide clear authority to our intelligence agencies in the event of a terrorist attack or an armed attack on the Unites States, along with more stringent accountability to ensure American privacy is protected, and
Remove several outdated limitations in current law that have hampered the ability of our intelligence agencies to keep Americans safe and have provided unintentional protection for terrorists and their affiliates.
Section-by-Section
Section 1 Title
Section 2 of the Act would update the definition of electronic surveillance. This change would update the law to take into account significant changes in technology since the 1978 passage of FISA. This section would remove the current distinction between treatment of “wire” and “radio” communications, and use a technology-neutral definition of electronic surveillance. This section also provides protection for persons with a reasonable expectation of privacy if both the sender and all intended recipients are located within the United States.
Section 3 of the Act would modernize the law by including providers of any electronic communication service, landlord, custodian, or other person who has access to electronic communications. This section updates the current “common carrier” definition.
Sections 4 and 5 of the Act would simplify the process of developing information to get approval of a FISA warrant. This section would reduce the volume of material required for a FISA application, including minimizing the detailed description of the nature of foreign intelligence information sought and the detailed descriptions of the intended method of collection. The FISA application should focus on probable cause for a warrant rather than technical details about the means of collection. Current protections and minimization procedures will remain in place to protect unintended targets. In the event of an emergency employment of electronic surveillance, the Attorney General would have up to 5 days to file for an emergency application.
Section 6 clarifies and makes conforming changes with respect to previous sections and FISA.
Section 7 updates the current FISA provisions for electronic surveillance after a declaration of war and would provide clear authority for our intelligence agencies in the event of an armed attack on the United States. The President, through the Attorney General, is authorized to collect electronic surveillance without a court order to acquire foreign intelligence information for a period not to exceed 60 days following an armed attack against the territory of the U.S. The current statute allows for 15 days after a declaration of war by the Congress. Notification to each member of the HPSCI and SSCI is required.
Section 8 of this Act governs electronic surveillance after a terrorist attack. The President, acting through the Attorney General, would have the authority to authorize electronic surveillance to acquire foreign intelligence information without an order when the terrorist organizations and their affiliates responsible for the attack have been identified and notified to the Congress and the FISA court, when there is a reasonable belief that the target is communicating with a terrorist organization, for a period not to exceed 45 days following a terrorist attack against the U.S. Notification to each Member of the HPSCI and SSCI and to the FISA court is required. The President may submit a subsequent certification to Congress which would allow for an additional 45 days of electronic surveillance.
Section 9 of the Act would strengthen congressional oversight by amending current law to mandate that each Member of the HPSCI and SSCI be informed of electronic surveillance activities conducted under this Act.
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