[Infowarrior] - Schiff, Flake Introduce ³ NSA Oversight Act ²

[Richard Forno]

(c/o pogowasright.org)

Schiff, Flake Introduce ³NSA Oversight Act²
Congressional Desk


http://www.californiachronicle.com/articles/viewArticle.asp?articleID=18752

Congressional Desk
January 7, 2007

Bipartisan bill modernizes electronic surveillance authority to prevent
attacks and clarifies that FISA maintains exclusive means to conduct
domestic surveillance.

WASHINGTON, D.C. ­ On the first day of the 110th Congress, Reps. Adam Schiff
(D-CA) and Jeff Flake (R-AZ) offered a bipartisan measure that will
modernize the Foreign Intelligence Surveillance Act (FISA) to respond to
changes in technology and new threats, but that will retain court
supervision over domestic electronic surveillance. The ³NSA Oversight Act²
directly addresses the President's domestic surveillance program.

³Electronic surveillance of those seeking to harm our country must be
targeted and aggressive. It must also be constitutional and respect the
privacy of law-abiding Americans,² Schiff said. ³When Congress passed FISA
and Title III, it intended to provide the sole authority for surveillance of
Americans on American soil. Those acts require court approval for such
surveillance, and the FISA court has proved capable of acting
expeditiously.²

³Updates and improvements in FISA need to be codified in law to ensure that
they survive the present administration,² said Flake.

The Schiff-Flake legislation responds to the issues that have been raised by
officials at the National Security Agency (NSA) and the Department of
Justice last year in testimony to Congress. The bipartisan measure on NSA
oversight:

1. Extends Emergency Electronic Surveillance Authority to Prevent Attacks -
extends from 72 hours to 7 days the amount of time allowed to initiate
surveillance in an urgent situation before going to the FISA court for a
warrant. This authority can be used to thwart imminent attacks.

2. Enhances Electronic Surveillance Authority after an Attack - provides
that in addition to a ³declaration of war by the Congress,² an
³authorization for the use of military force (AUFM)² can also trigger the
FISA ³wartime exception² for purposes of allowing 15 days of warrantless
surveillance.

3. Clarifies that Foreign-to-Foreign Communications are Outside FISA - makes
clear that foreign-to-foreign communications are outside of FISA and don¹t
require a court order.

4. Permits Continued Surveillance Where Targets Travel Internationally -
provides that a FISA order for electronic surveillance shall continue to be
in effect for the authorized period even if the person leaves the U.S.

5. Streamlines FISA Application Process - removes redundant requirements in
the application process and streamlines some of the current detailed
requirements in order to permit information to be drafted in summary form.

6. Increases Speed and Agility of FISA Process ­ authorizes the FISA court,
DOJ, FBI, and NSA to hire more staff for the preparation and consideration
of FISA applications and orders. Authorizes the appointment of additional
FISA judges to provide for the prompt and timely consideration of FISA
applications and requires a 24-hour turnaround for emergency applications.

7. Reiterates Exclusivity of FISA and Clarifies Military Force Statute ­
reiterates that FISA is the exclusive means by which domestic electronic
surveillance for foreign intelligence purposes may be conducted, unless
Congress amends the law or passes additional laws regarding electronic
surveillance. Makes clear that the AUMF does not constitute an exception to
that rule.

8. Requires Congressional Oversight of TSP and Other Programs in Existence -
requires a report to Intel on the Terrorist Surveillance Program (TSP) and
any program involving electronic surveillance of U.S. persons in the U.S.
for foreign intelligence purposes that is outside FISA. Provides access of
this report to members of the Judiciary Committee.

9. Reps. Schiff and Flake previously teamed up on similar legislation last
year. They offered several measures dealing with domestic surveillance
including one that would have cut funding to any program that conducted
domestic surveillance outside of FISA. However, the amendment to the
Department of Defense Appropriations bill was defeated in a close vote, with
23 Republicans supporting the measure. Reps. Schiff and Flake also worked
together in 2005 to secure passage of an amendment to the Patriot Act to
provide additional safeguards for library and bookstore records.

Rep. Schiff was recently appointed to serve on the House Appropriations
Committee in the 110th Congress. In the 109th Congress, Rep. Schiff served
on the House International Relations Committee and the House Judiciary
Committee. He represents California¹s 29th Congressional District, which
includes the communities of Alhambra, Altadena, Burbank, East Pasadena, East
San Gabriel, Glendale, Monterey Park, Pasadena, San Gabriel, South Pasadena
and Temple City.