Terrorist Surveillance Act of 2006: S. 3931 and Title II of S. 3929, the Terrorist Tracking, Identification, and Prosecution Act of 2006 (CRS Report for Congress)
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| Release Date |
Revised Jan. 18, 2007 |
| Report Number |
RL33669 |
| Report Type |
Report |
| Authors |
Elizabeth B. Bazan, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
In the wake of disclosures related to the National Security Agency's Terrorism Surveillance Program (TSP), congressional attention has been focused on issues regarding authorization, review, and oversight of electronic surveillance programs designed to acquire foreign intelligence information or to address international terrorism. A number of legislative approaches were considered in the 109th Congress, and three related bills have been introduced to date in the 110th Congress: H.R. 11, S. 187, and S. 139. In a January 17, 2007, letter to Chairman Leahy and Senator Specter of the Senate Judiciary Committee, Attorney General Gonzales advised them that, on January 10, 2007, a Foreign Intelligence Surveillance Court (FISC) judge "issued orders authorizing the Government to target for collection international communications into or out of the United States where there is probable cause to believe that one of the communicants is a member or agent of al Qaeda or an associated terrorist organization." In light of these orders, which "will allow the necessary speed and agility," he stated that all surveillance previously occurring under the TSP will now be conducted subject to the approval of the FISC. He indicated further that the President has determined not to reauthorize the TSP when the current authorization expires.
Among the foreign intelligence surveillance bills introduced in the 109th Congress were S. 3931, the Terrorist Surveillance Act of 2006, and S. 3929, the Terrorist Tracking, Identification, and Prosecution Act of 2006, Title II of which parallels S. 3931. The bills would create a new Title VII of the Foreign Intelligence Surveillance Act of 1978, as amended (FISA), 50 U.S.C. § 1801 et seq., to address electronic surveillance programs. In addition, the measures would amend other provisions of FISA dealing with electronic surveillance without a warrant pursuant to an Attorney General certification, applications for a Foreign Intelligence Surveillance Court orders authorizing electronic surveillance for foreign intelligence purposes, the contents of such orders, emergency electronic surveillance under FISA, limitations on liability for those who aid the federal government in connection with electronic surveillance to obtain foreign intelligence information, and applicable congressional oversight. The bills would repeal the current wartime authorities for electronic surveillance without a warrant following a congressional declaration of war. Changes would be made to the FISA definitions of "electronic surveillance" and "agent of a foreign power," among others. Other provisions would modify the criminal provisions of FISA and the exclusivity clause 18 U.S.C. § 2511(2)(f). Still other provisions amend FISA to address those who engage in the development or proliferation of weapons of mass destruction and to accommodate the international movements of targets of electronic surveillance under FISA. This report discusses the provisions of S. 3931 and Title II of S. 3929, and notes the changes to existing law that these measures would make if enacted. The 110th Congress may choose to consider similar or different legislative approaches to these issues, or to forego legislation in light of the FISC orders and the anticipated termination of the TSP, while continuing congressional oversight. This report will not be updated.
