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Week Ending August 3, 2007

HR 3356 Foreign Intelligence Surveillance Act amendments

The bill is the result of negotiations between the House and the White House to resolve concerns that the President, invoking Executive Privilege engaged in electronic surveillance without the warrants from the FISA court as required by law.

Bill text was not available prior to this writing but bill supporters claimed that the bill has been agreed to by the Director of National Security. The bill is said to contain these provisions:

Telecommunication companies whose records have been and will be required will be held harmless in any lawsuits;

Tracking of foreign telecommunications between foreign entities can be done without a warrant from the FISA Court;

A warrant allowing for surveillance of a foreign entity would not be restricted to gathering terrorist data but would include foreign intelligence data;

Provisions are to be included on handling foreign calls into the US; and

After a warrant is acquired, foreign targets can be added without further consultation with the court.

The bill is reportedly specific in taking decision-making and management of FISA activities completely away from the US Attorney General and putting them in the hands of the FISA Court, exclusively.

The bill provides for a waiver to the provisions under some circumstances. Periodic audits are required. The bill sunsets in four months.

Sponsor: 

Vote: The bill did not receive the necessary 2/3rd vote and so failed. The House voted 218 to 207 RC 821

Cost to the taxpayers: No discernible cost

Earmark Certification:   Not applicable to this bill

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