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Key Votes

HR 3773 - Electronic Foreign Intelligence Surveillance Review Act - Key Vote

National Key Votes

Jim McGovern voted Yea (Concurrence Vote With Amendment) on this Legislation.

Read statements Jim McGovern made in this general time period.

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Stage Details

Legislation - Concurrence Vote Passed (House) (213-197) - (Key vote)

Title: Electronic Foreign Intelligence Surveillance Review Act

Vote Smart's Synopsis:

Vote to amend the Foreign Intelligence Surveillance Act of 1978 to create procedures and regulations related to the authorization of foreign intelligence gathering and to review and evaluate recent activities related to intelligence gathering.

Highlights:
  • Requires that the guidelines adopted by the Attorney General in consultation with the Director of National Intelligence related to compliance with the limitations on intelligence targeting authorizations shall be submitted to the Foreign Intelligence Surveillance Court, as well as the Congressional intelligence and judiciary committees (Sec. 101).
  • Allows the Attorney General and the Director of National Intelligence to direct electronic communication service providers to provide the government with assistance in acquiring intelligence as authorized in accordance with the provisions of this bill and releases electronic communication service providers from any liability resulting from compliance with a such a directive (Sec. 101).
  • Mandates that the Attorney General provide semiannual reports to the Congressional intelligence and judiciary committees regarding the implementation of provisions of this bill (Sec. 101).
  • Specifies that the Foreign Intelligence Surveillance Court shall have authority to review and approve applications and enter orders to target "United States persons" who are reasonably believed to be located outside of the United States for intelligence acquisition (Sec. 101).
  • Requires the Inspectors General of the Department of Justice, the Office of the National Director of Intelligence, the National Security Agency, and other elements of the intelligence community to review the intelligence activities involving communications that were authorized at any time between September 11, 2001 and January 17, 2007 (Sec. 110).
  • Mandates that the Attorney General provide any relevant request or directive to the court in any civil case alleging that a person aided an element of the intelligence community as a result of such a directive or request during the time period from September 11, 2001, to January 17, 2007 (Sec. 201). 
  • Establishes the Commission on Warrantless Electronic Surveillance Activities within the legislative branch, to be composed of five members appointed jointly by the Senate Majority Leader and the Speaker of the House of Representatives and four members appointed jointly by the Minority Leaders of the Senate and the House of Representatives, and which will be charged with evaluating the legal justification for activities related to intelligence collection that occurred between September 11, 2001, and January 17, 2007 (Sec. 301).

 

Note: Under United States Code (50 U.S.C. 1801) a "United States person" is defined as "a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101 (a)(20) of title 8), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), or (3) of this section."

Legislation - Bill Passed With Amendment (Senate) -
Note:

NOTE: THIS VOTE PASSED BY UNANIMOUS CONSENT, MEANING NO MEMBER OBJECTED TO THE PASSAGE OF THE VOTE. THIS DOES NOT NECESSARILY INDICATE THAT ALL MEMBERS FAVORED THE VOTE'S OUTCOME.

Legislation - Bill Passed (House) (227-189) - (Key vote)

Title: Electronic Foreign Intelligence Surveillance Review Act

Vote Smart's Synopsis:

Vote to pass a bill that makes changes to the processes of foreign intelligence surveillance and oversight.

Highlights:
  • States that a court order is not necessary for electronic surveillance of any communications between persons who are not known to be United States persons and who are reasonably believed to be outside of the United States (Sec. 2).
  • Requires the Attorney General and the Director of National Intelligence to apply to the court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) for a court order to conduct surveillance for up to a year on the communications of a non-United States person who is reasonably believed to be outside the of United States and who may be communicating with persons inside the United States (Sec. 3).
  • States that the application for a court order from the court established under FISA is not required to identify specific places of surveillance (Sec. 3).
  • Allows that in emergency situations, the Attorney General and the Director of National Intelligence to authorize surveillance for up to 45 days of non-United States persons who are reasonably believed to be outside of the United States and who may be communicating with someone inside the United States, but that within seven days, an application must be filed for approval from the court established under FISA (Sec. 4).
  • Requires that within seven days of an application to the court established under FISA, the Director of National Intelligence and the Attorney General must submit to Congress a copy of the application and a copy of the court order if one is granted (Sec. 5).
  • Prohibits the disclosure of information obtained from surveillance that would identify a United States person unless such information is necessary to understand the foreign intelligence collected or to protect the national security of the United States or members of the Armed Forces (Sec. 6).
  • States that FISA is the only means by which foreign electronic surveillance may be conducted (Sec. 9).
  • States that the Attorney General may authorize surveillance without a court order for up to 15 days following a declaration of war by Congress if Congress specifically authorizes such surveillance without an order or if Congress is unable to convene because of an attack against the United States (Sec. 10).
  • States that the government must inform the communications service providers used to conduct surveillance that the requirements of this law have been met (Sec. 19).

 

Note: Under United States Code (50 U.S.C. 1801) a "United States Person" is defined as "a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101 (a)(20) of title 8), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), or (3) of this section."

Legislation - Introduced (House) -

Title: Electronic Foreign Intelligence Surveillance Review Act

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