9/28: H.R. 5825 -Summary of  Electronic Surveillance Modernization Act

Vote Roll Call: http://projects.washingtonpost.com/congress/109/house/2/votes/502/

The Text of H.R.5825: http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.05825:

Summary:
Electronic Surveillance Modernization Act - Amends the Foreign Intelligence Surveillance Act of 1978 to include as an "agent of a foreign power" under such Act a person who possesses or is reasonably expected to transmit or receive foreign intelligence information while in the United States.

Authorizes the use of electronic surveillance for foreign intelligence purposes, including against agents of a foreign power.

Authorizes the Attorney General (AG) to require any person with access to electronic communications or equipment to provide information, facilities, or technical assistance: (1) necessary to accomplish authorized electronic surveillance; or (2) to an official designated by the President for up to one year, if the AG certifies that the provision of such information, facilities, or assistance does not constitute electronic surveillance.

Allows the AG to authorize the emergency employment of electronic surveillance if the AG determines that an emergency situation exists to obtain foreign intelligence information before an order authorizing such surveillance can be obtained.

Authorizes electronic surveillance or physical searches for up to 60 days following an armed attack against the United States.

Allows the President to authorize electronic surveillance to acquire foreign intelligence information without a court order for up to 45 days following a terrorist attack against the United States, following certification to the congressional intelligence committees. Requires recertification for each subsequent 45-day period. Permits electronic surveillance of more than 90 days without an order only upon making a specified certification.