WASHINGTON, D.C. – Congressman Adam Schiff (D-CA) and Congressman Jeff Flake (R-AZ), members of the House Judiciary Committee, offered an amendment in the House Judiciary Committee today to address the President's domestic surveillance program. The Schiff/Flake amendment reinforces existing law – that the government must obtain a court order when U.S. persons are targeted or surveillance occurs within the United States. Congressman Schiff’s amendment was narrowly defeated by a vote of 18-20.
“The Federal Government has a duty to pursue al Qaeda and other enemies of the U.S. with all available tools to thwart future attacks and to destroy the enemy,” said Schiff. “Electronic surveillance of those seeking to harm our country must continue; it must also comply with the law.”
The Schiff-Flake amendment responds to the issues that have been raised by officials at the NSA and the Department of Justice over the last several months in testimony to Congress.
The amendment on NSA oversight will:
- Exempts Foreign Communication - explicitly makes clear that foreign-to-foreign communications are outside of the Foreign Intelligence Surveillance Act (FISA) and don’t require a court order. If a communication to which a U.S. person is a party is inadvertently intercepted, minimization procedures approved by the Attorney General should be followed.
- Provides more time for Emergency Exceptions - extends the FISA emergency exception from 72 hours to 168 hours (7 days). This permits law enforcement to initiate surveillance in an emergency situation before going to the FISA court for a warrant. This authority can also be used to thwart imminent attacks.
- Expand the FISA “Wartime Exception” - provides that in addition to a “declaration of war” by Congress, that an “authorization for the use of military force” can also trigger the FISA “wartime exception.” This would allow 15 days of warrantless surveillance if there is an explicit provision authorizing electronic surveillance under that FISA provision.
- FISA Application - streamlines the FISA application process, provides authorization to appoint additional FISA judges and additional personnel at DOJ, the FBI, and the NSA to ensure speed and agility in drafting and considering FISA order applications.
- FISA Exclusivity – Reiterates that FISA is the exclusive means by which domestic electronic surveillance for foreign intelligence purposes may be conducted.
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.
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