Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress
Abstract
The Foreign Intelligence Surveillance Act, 50 U.S.C. 1801 (FISA) as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In so doing, Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers, trap and trace devices, and access to certain business records. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, P.L. 107-56, made significant changes to some of these provisions. Further amendments to FISA were included in the Intelligence Authorization Act for Fiscal Year 2002, P.L. 107-108, and the Homeland Security Act of 2002, P.L. 107-296. In addressing international terrorism or espionage, the same factual situation may be the focus of both criminal investigations and foreign intelligence collection efforts. The changes in FISA under these public laws facilitate information sharing between law enforcement and intelligence elements. In "The 9/11 Commission Report, Final Report of the National Commission on Terrorist Attacks upon the United States" (W. W. Norton 2004), the 9/11 Commission noted that the removal of the pre-9/11 "wall" between intelligence and law enforcement "has opened up new opportunities for cooperative action within the FBI." In the 108th Congress, a number of intelligence reform bills were introduced, including some which pre-dated the release of the Final Report of the 9/11 Commission, while others emerged after its release. This CRS Report describes 11 FISA provisions that are part of intelligence reform or reorganization proposals, and 20 other FISA-related bills in the 108th Congress.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 11, 2005
- Accession Number
- ADA448020
Entities
People
- Elizabeth B. Bazan
Organizations
- Library of Congress