Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act or LISTEN Act - States that specified provisions of federal criminal law concerning wire and electronic communications and their interception and the Foreign Intelligence Surveillance Act of 1978 (FISA) shall be the exclusive means by which domestic electronic surveillance may be conducted. Directs the President to ensure that: (1) all electronic surveillance of persons in the United States is conducted within those exclusive means; and (2) the procedures for applying for an order for electronic surveillance under FISA continue to be adequate for the timely and efficient electronic surveillance of appropriate targets.
Requires: (1) the President to report to the congressional intelligence and judiciary committees upon a determination that such procedures are inadequate; and (2) the report to contain findings and recommendations with respect to emergency or routine applications for such orders.
Authorizes appropriations to the National Security Agency (NSA) and the Department of Justice (DOJ) for activities of the Office of Intelligence Policy and Review to ensure the timely and efficient processing of applications to the Foreign Intelligence Surveillance Court.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5371 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5371
To reiterate that the Foreign Intelligence Surveillance Act of 1978 and
title 18, United States Code, are the exclusive means by which domestic
electronic surveillance may be conducted, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2006
Ms. Harman (for herself, Mr. Conyers, Mr. Hastings of Florida, Mr.
Boswell, Mr. Reyes, Mr. Cramer, Ms. Eshoo, Mr. Ruppersberger, Mr.
Boucher, Mr. Nadler, Mr. Scott of Virginia, Ms. Zoe Lofgren of
California, Ms. Jackson-Lee of Texas, Mr. Wexler, and Ms. Hooley)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Select Committee on Intelligence
(Permanent Select), for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reiterate that the Foreign Intelligence Surveillance Act of 1978 and
title 18, United States Code, are the exclusive means by which domestic
electronic surveillance may be conducted, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawful Intelligence and Surveillance
of Terrorists in an Emergency by NSA Act'' or the ``LISTEN Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Conducting electronic surveillance of al Qaeda and
other international terrorist groups is integral to protecting
people in the United States from terrorism. Electronic
surveillance can assist in the detection and prevention of
terrorist plots.
(2) Electronic surveillance may, at times, involve
surveillance of persons in the United States. Such electronic
surveillance is lawful if conducted in accordance with the
Fourth Amendment to the Constitution and the Foreign
Intelligence Surveillance Act of 1978 or chapters 119 or 121 of
title 18, United States Code.
(3) It is essential that in protecting the United States
from enemies, the President does not compromise the civil
liberties that the President is charged with safeguarding. In
2004, Justice Sandra Day O'Connor explained in a plurality
opinion for the Supreme Court in Hamdi v. Rumsfeld, ``We have
long since made clear that a state of war is not a blank check
for the President when it comes to the rights of the Nation's
citizens''.
(4) Section 8 of article I of the Constitution of the
United States provides that ``Congress shall have the Power . .
. to make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers and all other
Powers vested in this Constitution in the Government of the
United States, or in any Department or Officer thereof''.
(5) In passing the Foreign Intelligence Surveillance Act of
1978, Congress expressly determined that the Foreign
Intelligence Surveillance Act of 1978 and chapters 119 and 121
of title 18, United States Code, are the exclusive means by
which surveillance can be conducted in the United States.
(6) The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) authorizes the Federal Government to
conduct electronic surveillance of persons in the United States
for purposes of gathering intelligence and counterintelligence.
The Act contains emergency procedures under which electronic
surveillance may begin up to 72 hours before the Federal
Government presents to the Foreign Intelligence Surveillance
Court an application for a court order approving electronic
surveillance.
(7) The Fourth Amendment to the Constitution of the United
States declares that ``The right of the people to be secure in
their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized''.
(8) A determination of reasonableness under the Fourth
Amendment must ultimately be made by an independent magistrate,
not by an executive branch official.
(9) The Authorization for Use of Military Force (Public Law
107-40), passed by Congress on September 14, 2001, does not
constitute legal authorization for electronic surveillance not
authorized by chapters 119 or 121 of title 18, United States
Code, or the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES
CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC
SURVEILLANCE MAY BE CONDUCTED.
Notwithstanding any other provision of law, chapters 119 and 121 of
title 18, United States Code, and the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by
which electronic surveillance may be conducted.
SEC. 4. COMPLIANCE WITH FISA REQUIREMENTS.
(a) Ensuring Compliance.--The President shall ensure that all
electronic surveillance of persons in the United States is conducted in
accordance with chapters 119 or 121 of title 18, United States Code, or
title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.).
(b) Procedures.--The President shall ensure that the procedures for
applying for an order for electronic surveillance under title I of the
Foreign Intelligence Surveillance Act of 1978 continue to be adequate
for the timely and efficient electronic surveillance of appropriate
targets.
(c) Report.--
(1) In general.--If at any time the President determines
that the procedures described in subsection (b) are not
adequate for the timely and efficient electronic surveillance
of appropriate targets in accordance with title I of the
Foreign Intelligence Surveillance Act of 1978, the President
shall submit to the relevant congressional committees a report
containing findings and recommendations with respect to
emergency applications and, to the extent deemed necessary by
the President, routine applications for an order under such
title on--
(A) the level of resources and personnel needed at
the National Security Agency and the Department of
Justice to handle such applications to the Foreign
Intelligence Surveillance Court;
(B) the need for new information technology systems
to facilitate the near real-time approval of such
applications to the Foreign Intelligence Surveillance
Court;
(C) how to streamline the processing of information
that must be presented to the Foreign Intelligence
Surveillance Court for such an application;
(D) how to expedite review within the National
Security Agency, the Department of Justice, or other
appropriate agencies or departments of such
applications before such an application is submitted to
the Attorney General;
(E) whether a senior official reporting to the
Attorney General, such as the Deputy Attorney General
or the Assistant Attorney General for National
Security, should be authorized to approve such
applications; and
(F) the need for any legislative changes to improve
such procedures.
(2) Date of submission.--The report under paragraph (1)
shall be submitted to the relevant congressional committees not
later than 30 days after the date on which the President
determines under such paragraph that the procedures described
in subsection (b) are not adequate for the timely electronic
surveillance of appropriate targets in the United States.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize the President to conduct electronic surveillance
other than in accordance with title I of the Foreign Intelligence
Surveillance Act of 1978 or chapters 119 or 121 of title 18, United
States Code.
SEC. 5. AUTHORIZATION FOR INCREASED RESOURCES TO PROCESS FOREIGN
INTELLIGENCE SURVEILLANCE ACT APPLICATIONS.
There are authorized to be appropriated to the National Security
Agency and the Department of Justice for the activities of the Office
of Intelligence Policy and Review such sums as may be necessary to meet
the increased personnel and information technology demands to ensure
the timely and efficient processing of applications to the Foreign
Intelligence Surveillance Court.
SEC. 6. DEFINITIONS.
In this Act:
(1) Electronic surveillance.--The term ``electronic
surveillance'' has the meaning given the term in section 101(f)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(f)).
(2) Foreign intelligence surveillance court.--The term
``Foreign Intelligence Surveillance Court'' has the meaning
given the term in section 301(3) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1821(3)).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Permanent Select Committee
on Intelligence and the Committee on the Judiciary of the House
of Representatives and the Select Committee on Intelligence and
the Committee on the Judiciary of the Senate.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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