S. 1076 – A bill to modify the roving wiretap authority of the Foreign Intelligence Surve…

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

May 25, 2011

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SenateIntro Referral

Introduced in Senate

May 25, 2011

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

May 25, 2011

Floor Debate

1 member

What members said about S. 1076 on the floor

1 Republican

Sen. Rand PaulR-KY · May 25, 2011

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements,…

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 363 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 364 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 365 on the House message to S. 990.

Mr President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 366 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 367 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 368 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 369 on the House message to S. 990.

Mr. President, in accordancewith rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 370 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 371 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness requirements, for the purpose of proposing and considering amendment No. 372 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 373 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 374 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 375 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 376 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 377 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 378 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 379 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 380 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 381 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move

to suspend rule XXII, including germaneness and timeliness requirements, for the purpose of proposing and considering amendment No. 382 on the House message to S. 990.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S.J. Res. 15, as follows:

S.J. Res. 15

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That--

(1) a state of war between the United States and the

Government of Libya is hereby formally declared; and

(2) the President is hereby authorized and directed--

(A) to employ the entire naval and military forces of the

United States and the resources of the United States

Government to carry on war against the Government of Libya;

and

(B) to issue to private armed vessels of the United States

commissions or letters of marque and general reprisal, in

such form as the President shall think proper, and under the

seal of the United States, against the vessels, goods, and

effects of the Government of Libya.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S.J. Res. 16, as follows:

S.J. Res. 16

Whereas Article I, Section 8 of the Constitution of the

United States reserves for Congress the right to declare war;

Whereas the War Powers Resolution (50 U.S.C. 1541 et seq.)

states that it is intended to ``fulfill the intent of the

framers of the Constitution of the United States'' in

requiring the President to seek the consent of Congress

before the introduction of the United States Armed Forces

into hostile action;

Whereas the President must seek authorization from Congress

prior to engaging the United States Armed Forces in an armed

conflict absent an imminent threat to national security;

Whereas President Barack Obama, without seeking a formal

authorization from Congress, ordered the execution of a

sustained military engagement through the enforcement of a

no-fly zone in Libya on March 19, 2011;

Whereas Congress did not consider or pass a formal

authorization for the President to initiate military

operations in Libya;

Whereas the War Powers Resolution establishes that the

President must notify Congress of the introduction of the

United States Armed Forces within 48 hours after commencing

such action;

Whereas President Obama acknowledged his obligation to

submit a notification of his actions in Libya under the War

Powers Resolution through a letter delivered on March 21,

2011, to Speaker of the House John Boehner and President Pro

Tempore of the Senate Daniel Inouye;

Whereas section 8(a) the War Powers Resolution (50 U.S.C.

1547(a)) establishes that the President may not construe

authorization from any other act or treaty unless such act or

treaty is ``implemented by legislation specifically

authorizing the introduction of the United States Armed

Forces into hostilities'';

Whereas President Obama contends that hostile engagement by

the military forces of the United States against the

Government of Libya was part of a multilateral response

authorized by United Nations Security Council Resolution 1973

(2011) and in consultation with the Arab League;

Whereas section 2(c) of the War Powers Resolution (50

U.S.C. 1541(c)) provides that no attempt by the President to

introduce the United States Armed Forces into hostile action

may be made under the War Powers Resolution unless there is

``(1) a declaration of war, (2) a specific authorization, or

(3) a national emergency created by attack upon the United

States, its territories or possessions, or its armed

forces'';

Whereas the Government of Libya, immediately prior to the

introduction of the United States Armed Forces into the

conflict on March 19, 2011, had not attacked the United

States nor declared any intent to do so;

Whereas President Obama had stated the purpose of enforcing

a no-fly zone over Libya was to ``take all necessary measures

to protect civilians and civilian populated areas under

threat of attack in Libya'' and not in response to any direct

or immediate threat to the United States;

Whereas section 5(b) of the War Powers Resolution (50

U.S.C. 1544(b)) further establishes that, in absence of

authorization from Congress, the President may not engage the

United States Armed Forces in an armed conflict for a period

longer than ``sixty calendar days'';

Whereas members of the United States Armed Forces have

remained engaged in operations in Libya since March 19, 2011;

Whereas, on May 20, 2011, the limit of sixty calendar days

placed on the President's ability to continue engagement of

the military forces of the United States against the

Government of Libya will have been exhausted under the terms

of the War Powers Resolution;

Whereas Section 5(b) of the War Powers Resolution (50

U.S.C. 1544(b)) requires that ``within sixty calendar days .

. . the President shall terminate any use of United States

Armed Forces . . . unless the Congress (1) has declared war

or has enacted a specific authorization for such use of the

United States Armed Forces, (2) has extended by law such

sixty-day period, or (3) is physically unable to meet as a

result of an armed attack upon the United States'';

Whereas President Obama reiterated on May 20, 2011, that

the military forces of the United States remain engaged in

hostilities, including ``suppression and destruction of air

defenses'' and ``precision strikes by unmanned aerial

vehicles'';

Whereas Congress has not considered or passed a formal

authorization for the President to continue military

operations in Libya; and

Whereas President Obama has not indicated any intent to

cease operations in Libya after the sixty-day limit

established by the War Powers Resolution: Now, therefore, be

it:

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That

Congress--

(1) declares that, as it pertains to the continuing armed

engagement of the United States Armed Forces against the

Government of Libya, the President has exceeded the statutory

time limits placed on him by the War Powers Resolution and is

therefore in violation of the law; and

(2) calls on the President to--

(A) seek a formal authorization from Congress to continue

the mission in Libya; or

(B) cease armed engagement against the Government of Libya

until such time as further action is authorized by Congress.

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1070, as follows:

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1071, as follows:

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1072, as follows:

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1073, as follows:

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in

writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1074, as follows:

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1075, as follows:

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1076, as follows:

Mr. President, in accordance with rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend Rule XIV, paragraphs 3 and 4 for the purpose of moving to proceed to S. 1077, as follows:

Bill Text

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Introduced in SenateIssued May 25, 2011

II

112th CONGRESS

1st Session

S. 1076

IN THE SENATE OF THE UNITED STATES

May 25, 2011

Mr. Paul introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To modify the roving wiretap authority of the Foreign Intelligence Surveillance Act of 1978.

1.

Roving wiretaps and FISA sunsets

(a)

Limitation on roving wiretaps

Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended—

(1)

in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:

(A)

(i)

the identity of the target of the electronic surveillance, if known; or

(ii)

if the identity of the target is not known, a description of the specific target and the nature and location of the facilities and places at which the electronic surveillance will be directed;

(B)

(i)

the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known; or

(ii)

if any of the facilities or places are not known, the identity of the target;

; and

(2)

in paragraph (2)—

(A)

by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and

(B)

by inserting after subparagraph (A) the following:

(B)

in cases where the facility or place at which the electronic surveillance will be directed is not known at the time the order is issued, that the electronic surveillance be conducted only for such time as it is reasonable to presume that the target of the surveillance is or was reasonably proximate to the particular facility or place;

.

(b)

Sunsets on roving wiretap authority

Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended to read as follows:

(1)

In general

(A)

Section 206

Effective December 31, 2013, the Foreign Intelligence Surveillance Act of 1978 is amended so that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such section read on October 25, 2001.

(B)

Section 215

Effective May 27, 2011, the Foreign Intelligence Surveillance Act of 1978 is amended so that sections 501 and 502 (50 U.S.C. 1861 and 1862) read as such sections read on October 25, 2001.

.

A bill to modify the roving wiretap authority of the Foreign Intelligence Surveillance Act of 1978.

Legislative Activity

Floor Debate

Bill Text