National Security Surveillance Act of 2006
Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 609.
National Security Surveillance Act of 2006 - (Sec. 4) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new title relating to electronic surveillance. Gives the Foreign Intelligence Surveillance Court (Court) (established under FISA) jurisdiction to issue an order, lasting no longer than 90 days, that authorizes an electronic surveillance program as defined by such title (program) to obtain foreign intelligence information or to protect against international terrorism. Allows the Court to reauthorize a program for a period of time it determines reasonable. Allows the Attorney General (AG) to submit a new application if the Court refuses to approve an application for a program. Prohibits limiting the number of times the AG may seek approval of an electronic surveillance program. Permits the AG to appeal the decision of the Foreign Intelligence Surveillance Court to the Foreign Intelligence Surveillance Court of Review. Requires an originating court of review, under specified circumstances, to transfer to the Foreign Intelligence Court of Review certain cases which the AG alleges that further review in the originating court would harm U.S. national security. Subjects decisions of the Foreign Intelligence Court of Review to certiorari review in the U.S. Supreme Court.
(Sec. 5) Outlines requirements for each application for approval of a program, including that the application: (1) be made by the AG or his designee; (2) set forth the legal basis for the conclusion by the AG that the electronic surveillance program is consistent with the Constitution; (3) certify that a significant purpose of the program is to gather foreign intelligence information or to protect against international terrorism; (4) state the means and procedures by which the electronic tracking will be executed; and (5) state proposed minimization procedures (procedures to minimize interruption of normal communications service and to protect the confidentiality of information obtained).
(Sec. 6) Requires the Court to enter an ex parte order approving the application for a program if it finds that: (1) the President has authorized the AG to make the application; (2) program approval is consistent with the U.S. Constitution; (3) the program is intercepting communications of or with a foreign power engaged in international terrorism, an agent of such a foreign power, or a person believed to be in communication or associated with such a foreign power or agent; (4) proposed minimization procedures meet FISA requirements; and (5) the application contains all other required statements and certifications. Provides elements to be considered by the Court in determining the constitutionality of a program.
The summary continues for 8 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 "Reported to Senate with amendment(s)" stage on September 13, 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 September 13, 2006: Placed on Senate Legislative Calendar under General Orders. Calendar No. 609.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- 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?
ARLEN SPECTER (R-PA) introduced it on March 16, 2006. No cosponsors are recorded.
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 March 16, 2006, 7483 days ago. The most recent recorded action was 7302 days ago, on September 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
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers