[House Report 110-449]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-449
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PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 3773) TO AMEND
THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO ESTABLISH A
PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF FOREIGN INTELLIGENCE,
AND FOR OTHER PURPOSES
_______
November 14, 2007.--Referred to the House Calendar and ordered to be
printed
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Mr. Hastings of Florida, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 824]
The Committee on Rules, having had under consideration
House Resolution 824, by a record vote of 7 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for further consideration of H.R.
3773, the ``RESTORE Act of 2007,'' under a closed rule. The
rule provides for further consideration of the bill pursuant to
House Resolution 746. House Resolution 746 waived all points of
order against consideration of the bill except those arising
under clause 9 or 10 of rule XXI. House Resolution 746 waived
all points of order against provisions of the bill, as amended.
This waiver did not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The rule provides that time for debate on the bill pursuant
to House Resolution 746 shall be considered as expired. The
bill, as amended, shall be debatable for one hour, with 30
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on the Judiciary and
30 minutes equally divided and controlled by the chairman and
ranking minority member of the Permanent Select Committee on
Intelligence. The rule provides that the further amendment
printed in the report of the Committee on Rules accompanying
this resolution shall be considered as adopted. Pursuant to
House Resolution 746, the rule provides one motion to recommit
with or without instructions. Finally, pursuant to House
Resolution 746, notwithstanding the operation of the previous
question, the Chair may postpone further consideration of the
bill to a time designated by the Speaker.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 397
Date: November 14, 2007.
Measure: H.R. 3773.
Motion by: Mr. Diaz-Balart.
Summary of motion: To grant an open rule.
Results: Defeated 2-7.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Diaz-Balart--Yea;
Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 398
Date: November 14, 2007.
Measure: H.R. 3773.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Forbes (VA), #10, which
addresses sections 3, 5, and 6 of the Administration's
proposal, relating to the Attorney General's authorization for
electronic surveillance.
Results: Defeated 2-7.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch Nay; Castor--Nay; Arcuri--Nay; Diaz-Balart--Yea;
Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 399
Date: November 14, 2007.
Measure: H.R. 3773.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Lungren (CA), #7, which would
strike the language requiring the Foreign Intelligence
Surveillance Court (FISC), on a quarterly basis, to assess the
Intelligence Community's compliance with minimization
procedures.
Results: Defeated 2-7.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Diaz-Balart--Yea;
Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 400
Date: November 14, 2007.
Measure: H.R. 3773.
Motion by: Mr. Hastings (FL).
Summary of motion: To grant the rule.
Results: Adopted 7-2.
Vote by Members: Hastings (FL)--Yea; Matsui--Yea; Cardoza--
Yea; Welch--Yea; Castor--Yea; Arcuri--Yea; Diaz-Balart--Nay;
Hastings (WA)--Nay; Slaughter--Yea.
SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED
Clarifies that nothing in the Act or the amendments to the
Act shall be construed to prohibit lawful surveillance
necessary to: prevent Osama Bin Laden, al Qaeda, or any other
terrorist organization from attacking the U.S., any U.S.
person, or any ally of the U.S.; ensure the safety and security
of our Armed Forces or other national security or intelligence
personnel; protect the U.S., any U.S. person, or any U.S. ally
from the threat of WMD or any other threats to national
security. Clarifies that the RESTORE Act shall not be construed
to prohibit surveillance of, or grant any rights to,
undocumented aliens. NSA and other agencies can only
disseminate U.S. person identifying information (e.g., the
name, address, phone number of a U.S. person) to other
government agencies if a Senior Executive determines that such
dissemination is necessary to understand the value of the
intelligence and to protect national security. Establishes
criteria for the FISA Court to determine whether the ``reverse
targeting'' guidelines sufficiently protect U.S. person
communications intercepted by the NSA.
TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED
At the appropriate place in the bill insert the following new
section:
SEC. __. SURVEILLANCE TO PROTECT THE UNITED STATES.
This Act and the amendments made by this Act shall not be
construed to prohibit the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4))) from conducting lawful surveillance that is necessary
to--
(1) prevent Osama Bin Laden, al Qaeda, or any other
terrorist or terrorist organization from attacking the
United States, any United States person, or any ally of
the United States;
(2) ensure the safety and security of members of the
United States Armed Forces or any other officer or
employee of the Federal Government involved in
protecting the national security of the United States;
or
(3) protect the United States, any United States
person, or any ally of the United States from threats
posed by weapons of mass destruction or other threats
to national security.
In section 105B(b)(2) of the Foreign Intelligence
Surveillance Act of 1978, as proposed to be amended by section
3 of the bill, amend subparagraph (D) to read as follows:
``(D)(i) the guidelines that will be used to
ensure that an application is filed under
section 104, if otherwise required by this Act,
when a significant purpose of an acquisition is
to acquire the communications of a specific
United States person reasonably believed to be
located in the United States; and
``(ii) the criteria for determining if such a
significant purpose exists, which shall require
consideration of whether--
``(I) the department or agency of the
Federal Government conducting the
acquisition has made an inquiry to
another department or agency of the
Federal Government to gather
information on the specific United
States person;
``(II) the department or agency of
the Federal Government conducting the
acquisition has provided information
that identifies the specific United
States person to another department or
agency of the Federal Government;
``(III) the department or agency of
the Federal Government conducting the
acquisition determines that the
specific United States person has been
the subject of ongoing interest or
repeated investigation by a department
or agency of the Federal Government;
and
``(IV) the specific United States
person is a natural person.''.
In section 105B(d)(2) of the Foreign Intelligence
Surveillance Act of 1978, as proposed to be amended by section
3 of the bill, amend subparagraph (C) to read as follows:
``(C)(i) the guidelines referred to in
subsection (b)(2)(D) are reasonably designed to
ensure that an application is filed under
section 104, if otherwise required by this Act,
when a significant purpose of an acquisition is
to acquire the communications of a specific
United States person reasonably believed to be
located in the United States; and
``(ii) the criteria for determining if such a
significant purpose exists require
consideration of whether--
``(I) the department or agency of the
Federal Government conducting the
acquisition has made an inquiry to
another department or agency of the
Federal Government to gather
information on the specific United
States person;
``(II) the department or agency of
the Federal Government conducting the
acquisition has provided information
that identifies the specific United
States person to another department or
agency of the Federal Government;
``(III) the department or agency of
the Federal Government conducting the
acquisition determines that the
specific United States person has been
the subject of ongoing interest or
repeated investigation by a department
or agency of the Federal Government;
and
``(IV) the specific United States
person is a natural person.''.
In section 105B(e)(1)(D)(3) of the Foreign Intelligence
Surveillance Act of 1978, as proposed to be amended by section
3 of the bill, insert ``provide'' before ``a certification''.
In section 105C(b)(1) of the Foreign Intelligence
Surveillance Act of 1978, as proposed to be amended by section
4 of the bill, amend subparagraph (H) to read as follows:
``(H)(i) there are guidelines that will be
used to ensure that an application is filed
under section 104, if otherwise required by
this Act, when a significant purpose of an
acquisition is to acquire the communications of
a specific United States person reasonably
believed to be located in the United States;
and
``(ii) the criteria for determining if such a
significant purpose exists require
consideration of whether--
``(I) the department or agency of the
Federal Government conducting the
acquisition has made an inquiry to
another department or agency of the
Federal Government to gather
information on the specific United
States person;
``(II) the department or agency of
the Federal Government conducting the
acquisition has provided information
that identifies the specific United
States person to another department or
agency of the Federal Government;
``(III) the department or agency of
the Federal Government conducting the
acquisition determines that the
specific United States person has been
the subject of ongoing interest or
repeated investigation by a department
or agency of the Federal Government;
and
``(IV) the specific United States
person is a natural person.''.
After section 5, insert the following new section:
SEC. 6. DISSEMINATION OF COMMUNICATIONS OF NON-UNITED STATES PERSONS
LOCATED OUTSIDE OF THE UNITED STATES WHO MAY BE
COMMUNICATING WITH PERSONS INSIDE THE UNITED
STATES.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) is amended by inserting after section 105D (as
added by section 5) the following new section:
``DISSEMINATION OF COMMUNICATIONS OF NON-UNITED STATES PERSONS LOCATED
OUTSIDE OF THE UNITED STATES WHO MAY BE COMMUNICATING WITH PERSONS
INSIDE THE UNITED STATES
``Sec. 105E. The contents of communications collected under
section 105B or section 105C, and intelligence reports based on
such contents, shall not be disclosed or disseminated with
information that identifies a United States person unless an
officer or employee of the Federal Government whose rate of
basic pay is not less than the minimum rate payable under
section 5382 of title 5, United States Code (relating to rates
of pay for the Senior Executive Service) determines that the
identity of the United States person is necessary to--
``(1) understand the foreign intelligence collected
under section 105B or 105C or assess the importance of
such intelligence; and
``(2) protect the national security of the United
States, the citizens, employees, or officers of the
United States, or the members of the United States
Armed Forces.''.
In section 12(a) in the matter preceding paragraph (1),
strike ``the Department of Justice, for the activities of the
Office of the Inspector General, the appropriate elements of
the National Security Division, and the National Security
Agency'' and insert ``to the Department of Justice, for the
activities of the Office of the Inspector General and the
appropriate elements of the National Security Division, and to
the National Security Agency''.
Strike section 18 and insert the following:
SEC. 18. NO RIGHTS UNDER THE RESTORE ACT FOR UNDOCUMENTED ALIENS.
This Act and the amendments made by this Act shall not be
construed to prohibit surveillance of, or grant any rights to,
an alien not permitted to be in or remain in the United States.
In the table of contents in the first section of the Foreign
Intelligence Surveillance Act of 1978, as proposed to be
amended by section 19(a) of the bill, after the item relating
to section 105D insert the following new item:
``Sec. 105E. Dissemination of communications of non-United States
persons located outside of the United States who may be
communicating with persons inside the United States.''.