Thursday, September 28, 2006 Contact: Sean Oblack (202) 225-4176 Congress Refuses to Debate Schiff/Flake Measure to Prohibit NSA Surveillance of Americans on American Soil Unless Authorized by Law WASHINGTON, D.C. – Tonight, Republican leadership refused to consider bipartisan legislation on the House Floor to address the President's domestic surveillance program.  Reps. Adam Schiff (D-CA) and Jeff Flake (R-AZ) offered a bipartisan amendment that would have modernized FISA to respond to changes in technology and changes in the nature of our enemies, but would have retained court supervision over domestic surveillance.  Fearing the bipartisan measure would have prevailed over the White House-backed bill, the GOP refused to allow a vote on the Schiff/Flake amendment.  A motion to recommit the White House bill and allow a vote on the Schiff/Flake measure was defeated on a vote of 202-221. “Tonight the House of Representatives was denied the chance to approve bipartisan legislation to modernize FISA,” Schiff said.  “Instead, the majority passed a White House backed bill that gives it a blank slate to surveil Americans on American soil without court review. This does nothing to improve our security -- it does a great deal to undermine the reasonable expectation of privacy held by Americans." The Schiff-Flake legislation responded to the issues that have been raised by officials at the NSA (National Security Agency) and the Department of Justice over the last several months in testimony to Congress.  The bipartisan measure on NSA oversight: Extends Warrantless Electronic Surveillance Authority to Prevent Attacks - extends from 72 hours to 7 days the amount of time allowed to initiate surveillance in an urgent situation before going to the FISA court for a warrant. This authority can be used to thwart imminent attacks.  Enhances Electronic Surveillance Authority after an Attack - provides that in addition to a “declaration of war by the Congress,” an “authorization for the use of military force (AUFM)” can also trigger the FISA “wartime exception” for purposes of allowing 15 days of warrantless surveillance. Clarifies that Foreign-to-Foreign Communications are Outside FISA - makes clear that foreign-to-foreign communications are outside of FISA and don’t require a court order. Permits Continued Surveillance Where Targets Travel Internationally - provides that a FISA order for electronic surveillance shall continue to be in effect for the authorized period even if the person leaves the U.S. Streamlines FISA Application Process - removes redundant requirements in the application process and streamlines some of the current detailed requirements in order to permit information to be drafted in summary form. Increases Speed and Agility of FISA Process – authorizes the FISA court, DOJ, FBI, and NSA to hire more staff for the preparation and consideration of FISA applications and orders. Authorizes the appointment of additional FISA judges to provide for the prompt and timely consideration of FISA applications and requires a 24-hour turnaround for emergency applications.  Reiterates Exclusivity of FISA and Clarifies Military Force Statute – reiterates that FISA is the exclusive means by which domestic electronic surveillance for foreign intelligence purposes may be conducted, unless Congress amends the law or passes additional laws regarding electronic surveillance. Makes clear that the AUMF does not constitute an exception to that rule. Requires Congressional Oversight of TSP and Other Programs in Existence - requires a report to Intel on the Terrorist Surveillance Program (TSP) and any program involving electronic surveillance of U.S. persons in the U.S. for foreign intelligence purposes that is outside FISA. Provides access of this report to members of the Judiciary Committee.  Reps. Schiff and Flake previously teamed up to protect the civil liberties of Americans while ensuring that our national security needs are met.  Last year, the two secured passage of an amendment to the Patriot Act to provide additional safeguards for library and bookstore records. Congressman Schiff is a former Assistant U.S. Attorney and represents California’s 29th Congressional District, which includes the communities of Alhambra, Altadena, Burbank, East Pasadena, East San Gabriel, Glendale, Monterey Park, Pasadena, San Gabriel, South Pasadena and Temple City. -30-