National Security Surveillance Act of 2006: S. 3886, Title II (S. 2453 as Reported Out of the Senate Judiciary Committee)

Publication Date: January 2007

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

In the wake of disclosures related to the National Security Agency's Terrorist Surveillance Program, 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 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.

The NSA program has been challenged on legal and constitutional grounds. On August 17, 2006, in American Civil Liberties Union v. National Security Agency, Case No. 06-CV-10204 (E.D. Mich. August 17, 2006), Judge Taylor held the program unconstitutional and granted a permanent injunction of the Terrorist Surveillance Program. The decision has been appealed to the U.S. Court of Appeals for the Sixth Circuit. On October 4, 2006, the Sixth Circuit granted a motion staying Judge Taylor's judgment and permanent injunction pending appeal.

One of the bills considered in the 109th Congress, S. 3886, the Terrorist Tracking, Identification, and Prosecution Act of 2006, was introduced by Senator William H. Frist on September 11, 2006. Title II of S. 3886, the National Security Surveillance Act of 2006, substantively parallels S. 2453 as reported out of the Senate Judiciary Committee without a written report. This report summarizes Title II of S. 3886/S. 2453, as reported out of the Senate Judiciary Committee, and compares its language with the existing provisions of the Foreign Intelligence Surveillance Act (FISA), as amended, 50 U.S.C. §§ 1801 et seq. The 110th Congress may wish to contemplate similar or different legislative approaches to these issues, or may choose to forego legislation in light of the new FISC orders and the anticipated termination of the TSP, while continuing congressional oversight. This report will not be updated.