FISA Amendments Act of 2007

Bill: 110-s-2441
Sponsor: Sen. Reid, Harry [D-NV]
Introduced: 2007-12-10 in the Senate
Policy area: Armed Forces and National Security
Subjects: Appellate procedure
Civil actions and liability
Commerce
Congress
Congressional oversight
Congressional reporting requirements
Courts of special jurisdiction
Crime and Law Enforcement
Criminal investigation
Department of Justice
Electronic surveillance
Evidence (Law)
Federal preemption
Foreign agents
Government Operations and Politics
Governmental investigations
Inspectors general
International Affairs
Internet
Judicial review
Law
Liability (Law)
Nuclear nonproliferation
Science, Technology, Communications
Searches and seizures
Security clearances
State laws
Supreme Court
Telecommunication industry
Terrorism
Warrants (Law)
Weapons of mass destruction

Summary:
action_date: 2007-12-10
text: 
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or FISA Amendments Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize the Attorney General (AG) and Director of National Intelligence to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States to acquire foreign intelligence information. Requires specified targeting and surveillance minimization procedures to be followed, with Foreign Intelligence Surveillance Court (Court) review of such procedures.

States that: (1) FISA shall be the exclusive means for targeting U.S. persons inside or outside the United States, except where specific statutory authorization exists to obtain foreign intelligence information without an order under FISA; and (2) chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications) and 121 (Stored Wire and Electronic Communications and Transactional Records Access) of the federal criminal code and FISA shall be the exclusive means by which electronic surveillance and interception of domestic communications may be conducted.

Requires the AG to submit semiannually to the congressional intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA.

Revises generally provisions concerning the application for, and issue of, Court orders. Allows the AG to authorize the emergency employment of electronic surveillance under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying for a Court order authorizing such surveillance. Provides similar authority an outlines similar procedures for the emergency employment of a physical search.

Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within 168 (current law requires 48) hours after the emergency installation and use.

Authorizes the Court to sit 
en banc 
when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.

Requires the Inspectors General of the Department of Justice and relevant elements of the intelligence community to complete a comprehensive audit of the Terrorist Surveillance Program and any closely related intelligence activities, to include acquiring all documents relevant to such programs, including memoranda concerning legal authority of a program, program authorizations, certifications to telecommunications carriers, and court orders. Requires a joint report to the congressional Intelligence committees containing the results of the audit.

Provides limitations (and preempts state law) on civil actions against electronic communication service providers and persons providing assistance in connection with an intelligence activity.


Legislative actions:
action_date: 2007-12-11
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 530.
action_date: 2007-12-10
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2007-12-10
text: Introduced in Senate