A RESOLUTION

 

1Memorializing the Congress of the United States to establish a
2special committee to investigate and report on the National
3Security Agency's surveillance program and recommend any
4necessary reforms to the Patriot Act or the conduct of the
5National Security Agency, the Federal Bureau of Investigation
6and any other agencies involved in this program.

7WHEREAS, In 1978, Congress enacted the Foreign Intelligence
8Surveillance Act (FISA) to govern surveillance conducted for
9foreign intelligence purposes; and

10WHEREAS, FISA created the Foreign Intelligence Surveillance
11Court (FISC) and authorized the court to review and grant or
12deny governmental applications for surveillance orders relating
13to foreign intelligence investigations; and

14WHEREAS, Section 215 of the Patriot Act permits the Federal
15Bureau of Investigation (FBI) to apply to FISC for an order to
16obtain business records of business entities and other
17organizations that are deemed relevant to an investigation "to
18obtain foreign intelligence information not concerning a United
19States person or to protect against international terrorism or

1clandestine intelligence activities"; and

2WHEREAS, Orders issued by FISC are subject to gag orders that
3preclude the recipients of the orders from revealing that the
4FBI has sought such an order; and

5WHEREAS, On June 5, 2013, The Guardian published a news
6report indicating that the National Security Agency has been
7acquiring "metadata" or transactional information for every
8phone call made or received by customers of Verizon Business
9Network Services; and

10WHEREAS, On June 5, 2013, The Guardian published a copy of
11the FISC order directing Verizon Business Network Services to
12provide to the National Security Agency on an ongoing basis
13"telephony metadata" of customer calls, including calls that are
14"wholly within the United States, including local calls"; and

15WHEREAS, Since June 5, officials within the United States
16Government, including President Obama, have acknowledged the
17FISC order and information has surfaced indicating that similar
18orders applicable to other phone companies have been issued; and

19WHEREAS, In providing national security, the Federal
20Government must be careful not to tread on personal freedoms and
21the right to privacy; and

22WHEREAS, Section 215 of the Patriot Act grants the Federal
23Government broad powers to access records in the possession of
24private entities in the name of protecting against international
25terrorism; and

26WHEREAS, Concerns have been raised that the National Security
27Agency's surveillance program and its broad reach violate the
28First and Fourth amendments to the United States Constitution;
29and

30WHEREAS, Questions have been raised as to whether the Federal

1Government, in administering the National Security Agency's
2surveillance program, has exceeded its authority under section
3215 of the Patriot Act or whether Congress should amend section
4215 to make it clear that blanket surveillance of phone records
5and Internet activity are not authorized by this provision of
6law; therefore be it

7RESOLVED, That the House of Representatives memorialize the
8Congress of the United States to establish a special committee
9to investigate and report on the National Security Agency's
10surveillance program and recommend any necessary reforms to the
11Patriot Act or the conduct of the National Security Agency, the
12Federal Bureau of Investigation and any other agencies involved
13in this program; and be it further

14RESOLVED, That copies of this resolution be transmitted to
15the presiding officers of each house of Congress and to each
16member of Congress from Pennsylvania.