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Electronic Surveillance Modernization Act, as Passed by the House of Representatives [Updated January 18, 2007]
From the Summary: "The Electronic Surveillance Modernization Act, H.R. 5825, 109th Congress, was one of a number of bills introduced in the Senate and the House of Representatives addressing various aspects of the TSP and a variety of approaches to electronic surveillance of terrorists and those affiliated with them. This bill was designed to enhance flexibility in electronic surveillance to acquire foreign intelligence information, while requiring increased reporting and congressional oversight of these activities. The measure was introduced on July 18, 2006, and passed the House on September 28, 2006. This report summarizes the bill as passed by the House and analyzes the potential impact of its provisions were they to become law. The 110th Congress may wish to contemplate similar or different approaches to these issues, or may choose to forego legislation in light of the new FISC [Foreign Intelligence Surveillance Court] orders and the anticipated termination of the TSP [Terrorist Surveillance Program], while continuing congressional oversight. This report will not be updated."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2007-01-18
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Electronic Surveillance Modernization Act, as Passed by the House of Representatives [Updated December 29, 2006]
From the Summary: "The Electronic Surveillance Modernization Act, H.R. 5825, 109th Congress, was one of a number of bills introduced in the Senate and the House of Representatives addressing various aspects of the TSP [Terrorist Surveillance Program] and a variety of approaches to electronic surveillance of terrorists and those affiliated with them. This bill was designed to enhance flexibility in electronic surveillance to acquire foreign intelligence information, while requiring increased reporting and congressional oversight of these activities. The measure was introduced on July 18, 2006, and passed the House on September 28, 2006. This report summarizes the version of the bill passed by the House and analyzes the potential impact of its provisions were they to become law. H.R. 5825 represents one approach to these issues considered in the 109th Congress. The 110th Congress may well contemplate similar or different approaches. This report may be updated or replaced, depending upon subsequent developments in the 110th Congress."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2006-12-19
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H.R. 5825 (109th Congress): 'Electronic Surveillance Modernization Act' [September 8, 2006]
"In discussing the need for the National Security Agency's 'Terrorist Surveillance Program,' a program in which international communications of persons within the United States have been the subject of electronic surveillance without a warrant or a Foreign Intelligence Surveillance Court order, where one party to the communication is believed to be a member of al Qaeda, affiliated with al Qaeda, a member of an organization affiliated with al Qaeda, or working in support of al Qaeda, the Bush Administration has stated that electronic surveillance under the Foreign Intelligence Surveillance Act (FISA), while still a valuable tool in combating terrorism, lacks the speed and agility to deal with such terrorists or terrorist groups. Critics have challenged the NSA program on legal and constitutional grounds. On August 17, 2006, in 'American Civil Liberties Union v. National Security Agency', Case No. 06-CV-10204 (E.D. Mich. August 17, 2006), U.S. District Court Judge Anna Diggs Taylor held the program unconstitutional on the ground that it violated the Administrative Procedures Act, the Separation of Powers doctrine, the First and Fourth Amendments of the U.S. Constitution, the Foreign Intelligence Surveillance Act (FISA), and Title III of the Omnibus Crime Control and Safe Streets Act (Title III). The decision has been appealed. […] On September 1, 2006, it was referred to the Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee. H.R. 5825 was one of several bills that were the focus of a hearing held before the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security on Wednesday, September 6, 2006. This report will summarize the provisions of the bill and discuss the impact of its provisions, if passed, on current law."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2006-09-08
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H.R. 5825 (109th Congress): 'Electronic Surveillance Modernization Act'
"Several bills have been introduced in the House of Representatives and in the Senate to amend the Foreign Intelligence Surveillance Act and to address questions raised with respect to the 'Terrorist Surveillance Program.' H.R. 5825, the 'Electronic Surveillance Modernization Act,' was introduced on July 18, 2006. The bill was referred on that date to both the House Committee on the Judiciary and to the House Permanent Select Committee on Intelligence. On September 1, 2006, it was referred to the Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee. H.R. 5825 was one of several bills that were the focus of a hearing held before the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security on Wednesday, September 6, 2006. This report will summarize the provisions of the bill and discuss the impact of its provisions, if passed, on current law."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2006-09-08
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