SNOWE, DEWINE, GRAHAM, HAGEL INTRODUCE LEGISLATION TO RESTORE CONGRESSIONAL, JUDICIAL OVERSIGHT OVER NSA SURVEILLANCE PROGRAM

Contact: Antonia Ferrier (202) 224-5344
Wednesday, March 8, 2006

WASHINGTON, D.C -- Today, U.S. Senator Olympia J. Snowe (R-ME), a member of the Senate Select Committee on Intelligence, joined with her Senate colleagues Mike DeWine (R-OH), Lindsey Graham (R-SC) and Chuck Hagel (R-NE) in introducing legislation that would provide for congressional and judicial review over the National Security Agency's domestic surveillance program.

"Today, the legislative branch demonstrated its constitutional prerogative by reasserting the necessary oversight over the executive. As such, Senators DeWine, Graham, Hagel and I introduced legislation that will ultimately provide significant legislative and judicial review over the National Security Agency's domestic counter-terrorism program. I believe this legislation will serve as a strong starting point to striking an appropriate balance to protect our national security in an increasingly technologically sophisticated time while sufficiently safeguarding the civil liberties of our citizens.

"As is evidenced by the Senate Intelligence Committee's action establishing a subcommittee over this program, we will be hitting the ground running to get the operational details we need to allow us to properly evaluate whether our legislation should be changed. Clearly our nation needs the best and most effective tools to combat a dangerous terrorist threat -- and I believe this NSA program is essential to that goal. In order to ensure its success, however, we have to ensure that the American people have the confidence that their government is working to protect their individual liberties through sufficient checks and balances."

Details on the legislation are below:

DeWine, Graham, Hagel, Snowe

Terrorist Surveillance Act of 2006

Terrorist Surveillance Program

The Act permits warrantless surveillance for up to 45 days if:

The President determines that it is necessary to protect the United States against known terrorist groups that are planning or have engaged in attacks against the United States. The President must submit a list of these groups to Congress;
There is probable cause to believe that one party to the communication is a member, affiliate, or working in support of a terrorist group or organization;
One party is outside the United States; and
The program has minimization procedures in place, identical to those required under the Foreign Intelligence Surveillance Act ("FISA"), to limit the acquisition, retention and use of non-public information about U.S. persons.

FISA Court Review and Continuation of the Program

Under the Act, the President may continue electronic surveillance in 45-day increments as follows:

A FISA Court warrant must be sought by the Attorney General for any individual target who meets the requirements for a FISA warrant;
The application for an individual warrant must be submitted to the FISA Court as soon as the requirements for a FISA warrant are met;
If the Attorney General needs to continue surveillance without going to the FISA Court, he must certify that the surveillance is necessary to protect the United States and explain why continued surveillance will result in the acquisition of foreign intelligence information. The Attorney General must also provide a justification to Congress as to why he cannot take an individual case to FISA and keep Congress updated every 45 days on the status of any cases that have not yet been moved to FISA.

Creation of Subcommittee

The Act creates Terrorist Surveillance Subcommittees in both the House and Senate Intelligence Committees to oversee and monitor all matters relating to the program.

Reporting Requirements

The President must provide the Subcommittees with full access to the Program, including the operational details of any surveillance conducted under the Act, whenever requested by the Subcommittees.

The President must review and reauthorize the surveillance program every 45 days and certify to Congress that all surveillance conducted during the previous 45 days satisfied the requirements of the law.

The Attorney General must review every 45 days all individual cases of electronic surveillance being conducted under the program and certify, under oath, why specific cases have not yet been referred to the FISA Court.

The President must submit a report to the Subcommittees every six months that provides details about the management, operation, and effectiveness of the surveillance program.

Sunset

The Act establishes a five-year sunset.

###