Terrorist Surveillance Act of 2006: S. 3931 and Title II of S. 3929, the Terrorist Tracking, Identification, and Prosecution Act of 2006

Publication Date: September 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Military and defense

Type:

Abstract:

On Friday, September 22, 2006, two bills were introduced by Senator Mitch McConnell, for himself and Senator William H. Frist, that deal with foreign intelligence surveillance: 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.