S 1076

112th CONGRESS
1st Session

S. 1076

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

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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 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.'.

END