Electronic Surveillance Modernization Act
Latest action. Read twice and referred to the Committee on the Judiciary.
Electronic Surveillance Modernization Act - (Sec. 2) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to include as an "agent of a foreign power" under FISA a person who is reasonably expected to possess, control, transmit, or receive foreign intelligence information while in the United States, provided that the official making the certification deems such information significant. Redefines "electronic surveillance" and "minimization procedures." Replaces the definition of "wire communication" with "surveillance device" and defines such as a device that allows surveillance by the federal government, but excludes any device that extracts or analyzes information from data that has already been acquired by the federal government by lawful means.
(Sec. 3) Revises provisions allowing the President, through the Attorney General, to authorize electronic surveillance without a court order to acquire foreign intelligence information for up to one year to allow such surveillance if the Attorney General (AG) certifies that: (1) the surveillance is directed at the acquisition of either communications of foreign powers or an agent thereof or technical intelligence from property or premises under the control of a foreign power; and (2) proposed minimization procedures (procedures to ensure the minimization of service disruption and the confidentiality of information received) with respect to such surveillance meet FISA requirements.
Allows the President to authorize the acquisition of foreign intelligence information concerning a person reasonably believed to be outside the United States if the AG certifies that: (1) the acquisition does not constitute electronic surveillance; (2) the acquisition involves obtaining information from a wire or electronic communications service provider either as the information is transmitted or while it is stored; (3) a significant purpose of the acquisition is to obtain foreign intelligence information; and (4) the proposed minimization procedures meet FISA requirements. Outlines legal procedures with respect to directives issued to communications service providers to provide necessary assistance to accomplish the acquisition of such information, including failure to comply, directive challenges, standard of review, and appeals. Allows information obtained from such a surveillance to be used and disclosed without the consent of the U.S. person only in accordance with the established minimization procedures.
The summary continues for 14 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Passed House amended" stage on September 28, 2006. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on November 13, 2006: Read twice and referred to the Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 109th Congress (2005-06), 482 of the 10,701 bills and joint resolutions introduced became law, about 4.5 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
HEATHER WILSON (R-NM) introduced it on July 18, 2006, and 13 members have since signed on as cosponsors.
They are 13 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on July 18, 2006, 7406 days ago. The most recent recorded action was 7288 days ago, on November 13, 2006.
Measures do not carry over. Anything the 109th Congress has not finished by January 3, 2007 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers