[Congressional Record: October 20, 2009 (Extensions)]
[Page E2575]
THE FISA AMENDMENTS ACT OF 2009 SECTION-BY-SECTION
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HON. JOHN CONYERS, JR.
of michigan
in the house of representatives
Tuesday, October 20, 2009
Mr. CONYERS. Madam Speaker, the FISA Amendments Act of 2009 would
amend FISA to protect the constitutional rights of Americans while
ensuring that the government has the powers it needs to fight terrorism
and collect intelligence.
Section 1--Short Title
This Act may be cited as the FISA Amendments Act of 2009.
Section 2--Telecommunications Immunity
The bill would repeal the retroactive immunity provision in
the FISA Amendments Act, leaving it to the courts to
determine whether any telephone companies that complied with
the illegal warrantless wiretapping program acted properly
under the laws in effect at the time and therefore deserve
immunity. It would retain limitations on liability for acting
in compliance with FISA, the criminal surveillance laws, the
Protect America Act and the FISA Amendments Act.
Section 3--Bulk Collection
The bill retains the new authorities provided in the FISA
Amendments Act but builds in additional safeguards to protect
the rights of innocent Americans. The bill would prevent the
government from using the warrantless collection authorities
of the FISA Amendments Act to conduct ``bulk collection,''
which could include the collection of the contents of all
communications between the United States and the rest of the
world. It would do so by requiring that the government have
some foreign intelligence interest in the overseas party to
the communications it is collecting. Bulk collection raises
serious constitutional questions, and it could permit data
mining of massive quantities of communications of Americans.
Section 4--Reverse Targeting
The bill would place additional limits on the warrantless
collection authorities of the FISA Amendments Act to ensure
that they are not used as a pretext when the government's
real goal is to target the Americans with whom the ostensible
foreign target is communicating. It would require a FISA
Court order if the government is wiretapping a person
overseas but ``a significant purpose'' of the surveillance is
to collect the communications of the person in the United
States with whom the person overseas is communicating.
Section 5--Use of Unlawfully Obtained Information
The bill would limit the government's use of information
about U.S. persons that is obtained under FISA Amendments Act
procedures that the FISA Court later determines to be
unlawful, while still giving the FISA Court flexibility to
allow such information to be used in appropriate cases. This
provides a basic incentive for the government to target
foreign agents overseas rather than innocent Americans here
in the United States. It is similar to the existing law that
limits the use of information collected pursuant to FISA's
emergency authority if the FISA Court determines after the
fact that the FISA standard was not met.
Section 6--Protections for International Communications of Americans
The bill would permit unfettered acquisition of foreign-to-
foreign communications and of communications of suspected
terrorists into or out of the United States, while creating
safeguards for communications not related to terrorism that
the government knows have one end in the United States.
Specifically:
When the government knows in advance that a foreign target
is communicating with someone in the United States, it can
acquire that communication if it involves terrorism, if
someone's safety is at stake, or with a court order.
When the government does not know in advance with whom a
foreign target is communicating, it can acquire all of that
target's communications, without individualized court review.
If the government later realizes that it has acquired a
communication with one end in the U.S., it must segregate
that communication in a separate database. It can then
access, analyze and disseminate that communication if the
communication involves terrorism, if someone's safety is at
stake, or if the government has obtained a court order.
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