FISA Amendments Act of 2008

Bill: 110-hr-3773
Sponsor: Rep. Conyers, John, Jr. [D-MI-14]
Introduced: 2007-10-09 in the House
Policy area: Armed Forces and National Security
Subjects: Civil actions and liability
Commerce
Congress
Congress and foreign policy
Congress and military policy
Congressional oversight
Congressional reporting requirements
Courts of special jurisdiction
Crime and Law Enforcement
Criminal investigation
Declaration of war
Electronic surveillance
Employee training
Government Operations and Politics
Government paperwork
Governmental investigations
Indictments
Intelligence officers
International Affairs
Judges
Law
Liability (Law)
Limitation of actions
Military operations
Nuclear nonproliferation
President and foreign policy
Science, Technology, Communications
Searches and seizures
Security classification (Government documents)
Standards
Telecommunication industry
Terrorism
Warrants (Law)
Weapons of mass destruction

Summary:
action_date: 2007-10-09
text: 
Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007 or RESTORE Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-U.S. persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Allows the acquisition by court order (through the Foreign Intelligence Surveillance Court (Court)) or by emergency authorization (both provided under this Act) of surveillance directed upon a person outside the United States who is a non-U.S. person.
 
Requires the Director of National Intelligence (DNI) and the Attorney General (AG) to jointly apply to the Court for an order, or the extension of an order, authorizing for up to one year the acquisition of communications of persons outside the United States who are non-U.S. persons. Allows the DNI and the AG to authorize such an acquisition if an emergency situation exists, but requires the DNI and the AG, within seven days of such authorization, to apply to the Court for approval of the acquisition.
 
Requires the DNI and AG to submit to the intelligence and judiciary committees copies of all applications and orders submitted to, or granted by, the Court.
 
Directs the Inspector General of the Department of Justice to audit all federal programs involving the acquisition of communications conducted without a court order on or after September 11, 2001.
 
Requires the DNI and AG to develop and maintain a recordkeeping system on instances where the identity of a U.S. person whose communications were acquired was disclosed by an element of the intelligence community to other federal departments and agencies.

action_date: 2007-10-12
text: 
Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007 or RESTORE Act of 2007 - (Sec. 2) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-U.S. persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Allows the acquisition by court order (through the Foreign Intelligence Surveillance Court (Court)) or by emergency authorization (both provided under this Act) of surveillance directed upon a person outside the United States who is a non-U.S. person.
 
(Sec. 3) Authorizes the Director of National Intelligence (DNI) and the Attorney General (AG) to jointly apply to the Court for an order, or the extension of an order, authorizing for up to one year the acquisition of communications for foreign intelligence purposes of persons outside the United States who are non-U.S. persons. Outlines application requirements. Requires the Court judge to review and approve such application, if found reasonable in its purposes, within 15 days.
 
(Sec. 4) Allows the DNI and the AG to authorize the acquisition of communications of persons outside the United States who are non-U.S. persons for up to 45 days (without prior Court order) if an emergency situation exists, but requires the DNI and the AG, within seven days of such authorization, to apply to the Court for approval of the acquisition.
 
(Sec. 5) Requires: (1) the DNI and AG to submit to the congressional intelligence and judiciary committees copies of all applications and orders submitted to, or granted by, the Court; (2) quarterly audits by the Inspector General of the Department of Justice (IG) of such applications and orders; (3) quarterly reports from the DNI and AG to the intelligence and judiciary committees on acquisitions conducted under such applications and orders, including incidents of noncompliance; and (4) annual reports from the DNI and the AG containing the number of emergency authorizations of acquisitions and a description of any incidents of non-compliance.
 
(Sec. 6) Authorizes the Court, in its discretion, to sit 
en banc
 to review applications and issue orders. 
 
(Sec. 7) Directs the IG to: (1) audit all federal programs involving the acquisition of communications conducted without a court order on or after September 11, 2001, including under the Terrorist Surveillance Program; and (2) report audit results to the intelligence and judiciary committees.
 
(Sec. 8) Requires the DNI and AG to: (1) develop and maintain a recordkeeping system on instances where the identity of a U.S. person whose communications were acquired was disclosed by an element of the intelligence community to other federal departments and agencies; and (2) report to the intelligence and judiciary committees on such system.
 
(Sec. 9) Authorizes appropriations to the Department of Justice and National Security Agency for the processing and implementation of Court applications and orders, audit and report requirements, and the recordkeeping system required under this Act.
 
(Sec. 10) States that FISA shall be the exclusive means by which electronic surveillance may be conducted for gathering foreign intelligence information until specific statutory authorization for surveillance other than as an amendment to FISA is enacted.
 
(Sec. 12) Terminates the amendments made by this Act on December 31, 2009, with the exception that any authorization for the acquisition of communications of persons outside the United States who are non-U.S. persons shall continue through the date of the expiration of that Court order. Terminates acquisition authorizations made before the date of enactment of this Act on the earlier of: (1) the date of expiration of such authorization; or (2) 180 days after the date of enactment of this Act. Requires a report from the DNI and the AG concerning the latter authorizations.

action_date: 2007-10-12
text: 
Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007 or RESTORE Act of 2007 - (Sec. 2) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-U.S. persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Allows the acquisition by court order (through the Foreign Intelligence Surveillance Court (Court)) or by emergency authorization (both provided under this Act) of surveillance directed upon a person outside the United States who is a non-U.S. person.
 
(Sec. 3) Authorizes the Director of National Intelligence (DNI) and the Attorney General (AG) to jointly apply to the Court for an order, or the extension of an order, authorizing for up to one year the acquisition of communications for foreign intelligence purposes of persons outside the United States who are non-U.S. persons. Outlines application requirements. Requires the Court judge to review and approve such application, if found reasonable in its purposes, within 15 days.
 
(Sec. 4) Allows the DNI and the AG to authorize the acquisition of communications of persons outside the United States who are non-U.S. persons for up to 45 days (without prior Court order) if an emergency situation exists, but requires the DNI and the AG, within seven days of such authorization, to apply to the Court for approval of the acquisition.
 
(Sec. 5) Requires: (1) the DNI and AG to submit to the congressional intelligence and judiciary committees copies of all applications and orders submitted to, or granted by, the Court; (2) quarterly audits by the Inspector General of the Department of Justice (IG) of such applications and orders; (3) quarterly reports from the DNI and AG to the intelligence and judiciary committees on acquisitions conducted under such applications and orders, including incidents of noncompliance; and (4) annual reports from the DNI and the AG containing the number of emergency authorizations of acquisitions and a description of any incidents of non-compliance.
 
(Sec. 6) Authorizes the Court, in its discretion, to sit 
en banc
 to review applications and issue orders.
 
(Sec. 7) Authorizes an increase, from 11 to 15, in the number of Court judges. Requires Court judges to make a determination within 24 hours after the receipt of applications for emergency surveillance authorizations under FISA.
 
(Sec. 8) Modifies specified federal law and FISA provisions concerning the exclusive means by which various forms of electronic surveillance may be conducted to include surveillance by means of the installation of pen registers and trap and trace devices.
 
(Sec. 9) Authorizes electronic surveillance without a warrant when Congress: (1) issues a declaration of war; (2) issues an authorization for the use of military force that explicitly authorizes electronic surveillance; or (3) is unable to convene due to attack upon the United States. 
 
(Sec. 10) Directs the IG to: (1) audit all federal programs involving the acquisition of communications conducted without a court order on or after September 11, 2001, including under the Terrorist Surveillance Program; and (2) report audit results to the intelligence and judiciary committees.
 
(Sec. 11) Requires the DNI and AG to: (1) develop and maintain a recordkeeping system on instances where the identity of a U.S. person whose communications were acquired was disclosed by an element of the intelligence community to other federal departments and agencies; and (2) report to the intelligence and judiciary committees on such system.
 
(Sec. 12) Authorizes appropriations to the Department of Justice (DOJ) and National Security Agency (NSA) for the processing and implementation of Court applications and orders, audit and report requirements, and the recordkeeping system required under this Act.
 
(Sec. 13) Authorizes additional personnel, for the preparation and consideration of applications for orders approving electronic surveillance, for: (1) the Office of Intelligence of the National Security Division within DOJ; (2) the DNI; and (3) the Court.
 
(Sec. 14) Directs the AG to develop and implement a secure, classified document management system for the preparation, modification, and review of electronic surveillance applications under FISA.
 
(Sec. 15) Requires the DNI to: (1) establish procedures for conducting and seeking approval of electronic surveillance, physical search, and the installation of wiretap devices on an emergency basis, and for preparing and submitting applications under FISA; and (2) prescribe related training for appropriate personnel of the intelligence community with respect to such matters.
 
(Sec. 16) Directs the President, within seven days after the enactment of this Act, to fully inform each member of the intelligence committees concerning: (1) NSA's Terrorist Surveillance Program; and (2) any similar program in existence since September 11, 2001, which involves electronic surveillance of U.S. persons in the United States for foreign intelligence or other purposes without full compliance with FISA requirements or similar requirements under title 18, United States Code.
 
(Sec. 18) Terminates the amendments made by this Act on December 31, 2009, with the exception that any authorization for the acquisition of communications of persons outside the United States who are non-U.S. persons shall continue through the date of the expiration of that Court order. Terminates acquisition authorizations made before the date of enactment of this Act on the earlier of: (1) the date of expiration of such authorization; or (2) 180 days after the date of enactment of this Act. Requires a report from the DNI and the AG concerning the latter authorizations.

action_date: 2007-11-15
text: 
Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007 or RESTORE Act of 2007 - (Sec. 2) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for electronic surveillance directed at the acquisition of communication between persons that are not known to be U.S. persons and are reasonably believed to be located outside the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Provides procedures for the treatment of a communication in which one party is located inside the United States or is a U.S. person. Allows the acquisition by court order (through the Foreign Intelligence Surveillance Court (Court)) or by emergency authorization (both provided under this Act) of surveillance directed upon a person outside the United States who is a non-U.S. person.
 
(Sec. 3) Authorizes the Director of National Intelligence (DNI) and the Attorney General (AG) to jointly apply to the Court for an order, or the extension of an order, authorizing for up to one year the acquisition of communications for foreign intelligence purposes of persons outside the United States who are non-U.S. persons who may be communicating with persons inside the United States. Outlines application requirements. Requires the Court judge to review and approve such application, if found reasonable in its purposes, within 15 days.
 
(Sec. 4) Allows the DNI and the AG to authorize the acquisition of communications of persons outside the United States who are non-U.S. persons who may be communicating with persons inside the United States for up to 45 days (without prior Court order) if an emergency situation exists, but requires the DNI and the AG, within seven days of such authorization, to apply to the Court for approval of the acquisition. Requires the AG to provide to any person directed to provide assistance with respect to the acquisition of information (such as a communications service provider) a document setting forth the parameters of the directive and a certification that the emergency authorization has been obtained pursuant to FISA requirements.
 
(Sec. 5) Requires: (1) the DNI and AG to submit to the congressional intelligence and judiciary committees copies of all applications and orders submitted to, or granted by, the Court; (2) regular audits by the Inspector General of the Department of Justice (IG) of such applications and orders; (3) regular reports from the DNI and AG to the intelligence and judiciary committees on acquisitions conducted under such applications and orders, including incidents of noncompliance; and (4) annual reports from the DNI and the AG containing the number of emergency authorizations of acquisitions and a description of any incidents of noncompliance.
 
(Sec. 6) Prohibits the contents of communications acquired under sections 3 and 4 above from being disclosed or disseminated with information that identifies a U.S. person unless a Senior Executive Service officer or employee determines that the identity is necessary to: (1) understand the foreign intelligence collected or to assess its importance; and (2) protect the national security of the United States or its citizens, employees, officers, or Armed Forces.
 
(Sec. 7) Authorizes the Court, in its discretion, to sit 
en banc
 to review applications and issue orders.
 
(Sec. 8) Authorizes an increase, from 11 to 15, in the number of Court judges. Requires Court judges to make a determination within 24 hours after the receipt of applications for emergency surveillance authorizations under FISA.
 
(Sec. 9) States that FISA shall be the exclusive means by which electronic surveillance may be conducted for the purpose of gathering foreign intelligence information. Requires specific authorization for any exceptions.
 
(Sec. 10) Authorizes electronic surveillance without a warrant when Congress: (1) issues a declaration of war; (2) issues an authorization for the use of military force that explicitly authorizes electronic surveillance; or (3) is unable to convene due to attack upon the United States. 
 
(Sec. 11) Directs the IG to: (1) audit all federal programs involving the acquisition of communications conducted without a court order on or after September 11, 2001, including under the Terrorist Surveillance Program; and (2) report audit results to the intelligence and judiciary committees.
 
(Sec. 12) Requires the DNI and AG to: (1) develop and maintain a recordkeeping system on instances where the identity of a U.S. person whose communications were acquired was disclosed by an element of the intelligence community to other federal departments and agencies; and (2) report to the intelligence and judiciary committees on such system.
 
(Sec. 13) Authorizes appropriations to the Department of Justice (DOJ) and National Security Agency (NSA) for the processing and implementation of Court applications and orders, audit and report requirements, and the recordkeeping system required under this Act. Authorizes additional personnel, for the preparation and consideration of applications for orders approving electronic surveillance, for: (1) the National Security Division within DOJ; (2) the DNI; and (3) the Court.
 
(Sec. 14) Directs the AG to develop and implement a secure, classified document management system for the preparation, modification, and review of electronic surveillance applications under FISA.
 
(Sec. 15) Requires the DNI to: (1) establish procedures for conducting and seeking approval of electronic surveillance, physical search, and the installation of wiretap devices on an emergency basis, and for preparing and submitting applications under FISA; and (2) prescribe related training for appropriate personnel of the intelligence community with respect to such matters.
 
(Sec. 16) Directs the President, within seven days after the enactment of this Act, to fully inform each member of the intelligence committees concerning: (1) NSA's Terrorist Surveillance Program; and (2) any similar program in existence since September 11, 2001, which involves electronic surveillance of U.S. persons in the United States for foreign intelligence or other purposes without full compliance with FISA requirements or similar requirements under title 18, United States Code.
 
(Sec. 18) Terminates the amendments made by this Act on December 31, 2009, with the exception that any authorization for the acquisition of communications of persons outside the United States who are non-U.S. persons shall continue through the date of the expiration of that Court order. Terminates acquisition authorizations made before the date of enactment of this Act on the earlier of: (1) the date of expiration of such authorization; or (2) 180 days after the date of enactment of this Act. Requires a report from the DNI and the AG concerning the latter authorizations.
 
(Sec. 20) Prohibits a person from being prosecuted, tried, or punished under FISA for any offense unless the indictment is found or the information is instituted not later than ten years after commission of the offense.
 
(Sec. 21) States that this Act and its amendments shall not be construed to prohibit surveillance of, or grant any rights to, an alien not permitted to be in or remain in the United States.
 
(Sec. 22) States that this Act and its amendments shall not be construed to prohibit the intelligence community from conducting lawful surveillance to: (1) prevent Osama Bin Laden, al Qaeda, or any other terrorist organization from attacking the United States, any U.S. person, or any U.S. ally; (2) ensure the safety of members of the Armed Forces or federal officers or employees involved in protecting U.S. national security; (3) protect the United States, any U.S. person, or any U.S. ally from threats posed by weapons of mass destruction or other threats to national security.

action_date: 2008-02-12
text: 
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - 
Title I: Foreign Intelligence Surveillance 
- (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for acquiring the communications of certain persons outside the United States.
 
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations, including: (1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States in order to acquire the communications of a specific person reasonably believed to be located in the United States, unless done in accordance with titles I or III of FISA; and (2) requiring the targeting to be conducted in a manner consistent with the fourth amendment to the Constitution. Requires: (1) certain targeting and minimization procedures to be followed; and (2) prior to such targeting, a certification by the AG and DNI as to the necessity of such targeting and that appropriate procedures will be followed. Allows the AG and DNI, if immediate targeting is determined to be required, to commence such targeting, but to submit the certification within seven days of such determination. Requires all certifications to be submitted to the Foreign Intelligence Surveillance Court (Court) for review.
 
Authorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition; and (2) maintain under security procedures any records concerning such acquisition. Outlines legal procedures with respect to directive challenges, standards for review, enforcement, and appeals. Provides for: (1) judicial review of certifications and targeting and minimization procedures; and (2) review of Court rulings by the Foreign Intelligence Surveillance Court of Review (with certiorari to the Supreme Court). Requires the maintenance and security of records and proceedings with respect to acquisition applications, orders, and determinations.
 
Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court and the congressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) authorized to acquire foreign intelligence information to review their agency or element's compliance with such procedures and provide review results to the AG, DNI, and intelligence committees. Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court, the AG, the DNI, and the intelligence committees.
 
Provides Court jurisdiction for the targeting of a U.S. person located outside the United States when the acquisition of information is conducted within the United States. Requires an application for such acquisition to be made by a federal officer (and approved by the AG), and to contain certain requirements, including that the target is believed to be a foreign power or agent, officer, or employee of a foreign power. Provides for judicial review of a Court order approving such an acquisition. Makes approval orders effective for 90 days, with authorized 90-day renewals. Allows the AG to authorize an emergency acquisition of such a target under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying within seven days for a Court order authorizing such surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) of a physical search.
 
Authorizes the: (1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and (2) concurrent authorizations of electronic surveillance and physical searches.
 
Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.
 
(Sec. 102) States that FISA and the procedures of chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications), 121 (Stored Wire and Electronic Communications and Transactional Records Access), and 206 (Pen Registers and Trap and Trace Devices) of the federal criminal code shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.
 
(Sec. 103) Requires the AG to submit semiannually to the 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, including any such orders issued during the five-year period before the enactment of this Act. Allows for the redaction of submitted materials for the protection of national security.
 
(Sec. 104) Revises provisions concerning the application for, and issuance of, Court orders, including provisions concerning paperwork requirements and government officials who may authorize FISA actions.
 
(Sec. 105) Allows the AG to authorize the emergency employment of electronic surveillance if the AG, among other things: (1) determines that an emergency exists; (2) informs a Court judge of such determination; and (3) applies for a Court order authorizing such surveillance.
 
(Sec. 107) Provides similar revisions and outlines similar procedures as in sections 104 and 105 above for the emergency employment of physical searches.
 
(Sec. 108) 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 seven days (current law requires 48 hours) after the emergency installation and use.
 
(Sec. 109) 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.
 
(Sec. 110) Authorizes the acquisition of foreign intelligence information in order to prevent the international proliferation of weapons of mass destruction.
 

Title II: Protections for Electronic Communication Service Providers 
- (Sec. 202) Prohibits an action against an electronic communication service provider (provider) if the AG certifies to the court involved that the assistance was: (1) in connection with an intelligence activity authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, and designed to prevent a terrorist attack or related activities against the United States; and (2) described in a written request or directive from the AG or head of an IC element to the provider indicating that the activity was authorized by the President and determined to be lawful. Subjects AG certifications to review for abuse of discretion. Requires the court involved to review in camera and ex parte a declaration by the AG that disclosure of a certification would harm national security.
 
(Sec. 203) Provides a similar prohibition and certification requirements as above in the case of actions against individuals other than providers furnishing requested assistance to an IC element.
 
(Sec. 204) Prohibits a state from conducting investigations, imposing sanctions, or commencing or maintaining a civil action or other proceeding against a provider furnishing requested assistance.
 

Title III: Other Provisions 
- (Sec. 301) Provides severability protections for this Act and its amendments.
 
(Sec. 302) Repeals FISA provisions made inconsistent by provisions of this Act. Outlines transition procedures.

action_date: 2008-03-14
text: 
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - 
Title I: Foreign Intelligence Surveillance 
- (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for acquiring the communications of certain persons outside the United States.
 
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations, including: (1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States in order to acquire the communications of a specific person reasonably believed to be located in the United States, unless done in accordance with titles I or III of FISA; and (2) requiring the targeting to be conducted in a manner consistent with the fourth amendment to the Constitution. Requires: (1) certain targeting and minimization procedures to be followed; (2) the AG to adopt guidelines to ensure that such limitations and procedures are followed, including criteria for determining whether a significant targeting purpose is to acquire the communications of a person located in the United States; (3) the DNI to establish a training program for intelligence community (IC) personnel carrying out the guidelines adopted by the AG; (4) the AG to submit such guidelines to the congressional intelligence committees and the Foreign Intelligence Surveillance Court (Court) for review; and (5) prior to such targeting, a certification by the AG and DNI as to the necessity of such targeting and that appropriate procedures and limitations will be followed. Allows the AG and DNI, if immediate targeting is determined to be required due to an emergency situation, to commence such targeting, but to submit the certification within seven days of such determination. Requires all certifications to be submitted to the Court for review.
 
Authorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition; and (2) maintain under security procedures any records concerning such acquisition. Outlines legal procedures with respect to directive challenges, standards for review, enforcement, and appeals. Provides for: (1) judicial review of certifications and targeting and minimization procedures; and (2) review of Court rulings by the Foreign Intelligence Surveillance Court of Review (with certiorari to the Supreme Court). Outlines conditions under which the AG and DNI may, through the Court: (1) replace a targeting acquisition already in effect before the enactment of this Act with an acquisition authorized under this Act; or (2) reauthorize a current acquisition under the procedures and guidelines of this Act. Requires Court maintenance and security of records and proceedings with respect to acquisition applications, orders, and determinations.
 
Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court and the intelligence and judiciary committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the IC authorized to acquire foreign intelligence information to review their agency or element's compliance with such procedures and guidelines and provide review results to the Court, the AG, the DNI, and the intelligence and judiciary committees. Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court, the AG, the DNI, and the intelligence and judiciary committees.
 
Provides Court jurisdiction for approving the targeting of a U.S. person located outside the United States when the acquisition of information is conducted within the United States. Requires an application for such acquisition to be made by a federal officer (and approved by the AG), and to contain certain requirements, including that the target is believed to be a foreign power or agent, officer, or employee of a foreign power. Provides for judicial review of a Court order approving such an acquisition. Makes approval orders effective for 90 days, with authorized 90-day renewals. Allows the AG to authorize an emergency acquisition of such a target under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying within seven days for a Court order authorizing such surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) of a physical search.
 
Authorizes the: (1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and (2) concurrent authorizations of electronic surveillance and physical searches.
 
Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.
 
(Sec. 102) States that, other than by express statutory authorization, FISA and the procedures of chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications), 121 (Stored Wire and Electronic Communications and Transactional Records Access), and 206 (Pen Registers and Trap and Trace Devices) of the federal criminal code shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.
 
(Sec. 103) Requires the AG to submit semiannually to the 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, including any such orders issued during the five-year period before the enactment of this Act. Allows for the redaction of submitted materials for the protection of national security.
 
(Sec. 104) Revises provisions concerning the application for, and issuance of, Court orders, including provisions concerning paperwork requirements and government officials who may authorize FISA actions.
 
(Sec. 105) Allows the AG to authorize the emergency employment of electronic surveillance if the AG, among other things: (1) determines that an emergency exists; (2) informs a Court judge of such determination; and (3) applies for a Court order authorizing such surveillance.
 
(Sec. 107) Provides similar revisions and outlines similar procedures as in sections 104 and 105 above for the emergency employment of physical searches.
 
(Sec. 108) 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 seven days (current law requires 48 hours) after the emergency installation and use.
 
(Sec. 109) 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.
 
(Sec. 110) Directs the inspectors general of DOJ, the Office of the DNI, the National Security Agency (NSA), and any other IC element that participated in the President's Surveillance Program (a program authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, and including the program commonly known as the Terrorist Surveillance Program) to: (1) conduct a review of, among other things, the establishment, implementation, product, and use of the product of the Program; and (2) provide an interim and final review report to the intelligence and judiciary committees. Allows for, in conjunction with such reviews, expedited security clearances and the hiring of necessary additional personnel.
 
(Sec. 111) Authorizes the acquisition of foreign intelligence information from an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction.
 
(Sec. 112) Provides a ten-year statute of limitations with respect to offenses under FISA.
 

Title II: Protection of Persons Assisting the Government 
- (Sec. 201) Directs the court concerned to permit the government to intervene in a federal or state civil suit against any person (including an electronic communication service provider or a landlord or custodian) providing surveillance assistance requested by an IC element. Allows any party (including the intervening party) to submit evidence with respect to which a privilege based on state secrets or other classified information is asserted. Requires such court to review, and act appropriately on, such evidence. Requires that, in any action alleging that a person provided such assistance during the period between September 11, 2001, and January 17, 2007, the AG provide to such court any assistance request or directive related to the allegations.
 

Title III: Commission on Warrantless Electronic Surveillance Activities 
- (Sec. 301) Establishes in the legislative branch the Commission on Warrantless Electronic Surveillance Activities to examine, and report to the President and Congress on, all intelligence collection programs and activities inside the United States or regarding U.S. persons in effect as of and since September 11, 2001. Requires the protection of national security in the carrying out of Commission duties. Authorizes the Commission to submit interim reports. Terminates the Commission 60 days after its final report. Authorizes appropriations.
 

Title IV: Other Provisions 
- (Sec. 401) Provides severability protections for this Act and its amendments.
 
(Sec. 403) Repeals FISA provisions made inconsistent by provisions of this Act.
 
(Sec. 404) Outlines transition procedures.
 
(Sec. 405) States that this Act and its amendments shall not be construed to prohibit surveillance of, or grant any rights to, an alien not permitted to be or remain in the United States.
 
(Sec. 406) States that this Act and its amendments shall not be construed to prohibit the IC from conducting lawful surveillance necessary to: (1) prevent Osama bin Laden, al Qaeda, or any other terrorist or terrorist organization from attacking the United States, any U.S. person, or any U.S. ally; (2) ensure the safety and security of U.S. Armed Forces, or any other officer or employee of the government involved in protecting U.S. national security; or (3) protect the United States, any U.S. person, or any U.S. ally from threats posed by weapons of mass destruction or other threats to national security.


Legislative actions:
action_date: 2008-03-31
text: Message on House action received in Senate and at desk: House amendment to Senate amendment.
action_date: 2008-03-14
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-03-14
text: On motion that the House agree with an amendment to the Senate amendment Agreed to by the Yeas and Nays: 213 - 197, 1 Present (Roll no. 145). (text as House agreed to Senate amendment: CR H1729-1742)
action_date: 2008-03-14
text: Resolving differences -- House actions: On motion that the House agree with an amendment to the Senate amendment Agreed to by the Yeas and Nays: 213 - 197, 1 Present (Roll no. 145).(text as House agreed to Senate amendment: CR H1729-1742)
action_date: 2008-03-14
text: The previous question was ordered pursuant to the rule. (consideration: CR H1760)
action_date: 2008-03-14
text: DEBATE - Pursuant to the provisions of H. Res. 1041, the House proceeded with one hour of debate on the motion to agree to the Senate amendment to H.R. 3773 with an amendment.
action_date: 2008-03-14
text: Pursuant to the provisions of H. Res. 1041, the House moved to agree with an amendment to the Senate amendment. (consideration: CR H1720-1742)
action_date: 2008-03-14
text: Rule H. Res. 1041 passed House.
action_date: 2008-03-12
text: Rules Committee Resolution H. Res. 1041 Reported to House. Rule provides for consideration of H.R. 3773 with 1 hour and 40 minutes of general debate. Previous question shall be considered as ordered without intervening motions. The resolution waives all points of order against the motion except those arising under clause 10 of rule XXI. Upon the adoption of the resolution it shall be in order to move that the House agree to the Senate amendment to H.R. 3773 with an amendment.
action_date: 2008-02-13
text: Message on Senate action sent to the House.
action_date: 2008-02-12
text: See also S.2248.
action_date: 2008-02-12
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S904-913)
action_date: 2008-02-12
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S904-913)
action_date: 2008-02-12
text: Senate struck all after the Enacting Clause and substituted the language of S.2248 amended.
action_date: 2008-02-12
text: Measure laid before Senate by unanimous consent. (consideration: CR S904-913)
action_date: 2007-12-03
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 517.
action_date: 2007-11-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-11-15
text: On passage Passed by recorded vote: 227 - 189 (Roll no. 1120). (text: CR H14040-14045)
action_date: 2007-11-15
text: Passed/agreed to in House: On passage Passed by recorded vote: 227 - 189 (Roll no. 1120).(text: CR H14040-14045)
action_date: 2007-11-15
text: On motion to recommit with instructions Failed by the Yeas and Nays: 194 - 222 (Roll no. 1119). (consideration: CR H14061)
action_date: 2007-11-15
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H14061)
action_date: 2007-11-15
text: DEBATE - The House proceeded with 10 minutes of debate on the Smith (TX) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with sundry amendments related to making clarifying changes to the scope of the bill.
action_date: 2007-11-15
text: Mr. Smith (TX) moved to recommit with instructions to Judiciary. (consideration: CR H14059-14061; text: CR H14059)
action_date: 2007-11-15
text: The previous question was ordered pursuant to the rule. (consideration: CR H14059)
action_date: 2007-11-15
text: WORDS TAKEN DOWN - During the course of debate, exception was taken to certain words used and a demand was made to have words taken down. Mr. Patrick Murphy of Pennsylvania asked unanimous consent to withdraw the words. Without objection the words were withdrawn. The House resumed debate on H.R. 3773.
action_date: 2007-11-15
text: DEBATE - The House resumed debate on H.R. 3773.
action_date: 2007-11-15
text: DEBATE - Pursuant to H.Res. 824, the House proceeded with one hour and thirty minutes of further debate on H.R. 3773.
action_date: 2007-11-15
text: Considered as unfinished business. (consideration: CR H14037-14062; text of measure as introduced: CR H14037-14040)
action_date: 2007-11-15
text: Rule H. Res. 824 passed House.
action_date: 2007-11-14
text: Rules Committee Resolution H. Res. 824 Reported to House. Rule provides for consideration of H.R. 3773 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The rule provides that the further amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.
action_date: 2007-10-31
text: Committee on the Judiciary. Hearings held.
action_date: 2007-10-17
text: DEBATE - The House proceeded with one hour and thirty minutes of debate on H.R. 3773.
action_date: 2007-10-17
text: Rule provides for consideration of H.R. 3773 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. In lieu of the amendments recommended by the Committee on the Judiciary and the Permanent Select Committee on Intelligence, the resolution considers as adopted the amendment in the nature of a substitute printed in part A of this report, modified by the amendment printed in part B of this report, and considers the bill, as amended, as read.
action_date: 2007-10-17
text: Considered under the provisions of rule H. Res. 746. (consideration: CR H11656-11666; text of measure as introduced: CR H11656-11659; text of measure as reported in House: CR H11659-11663)
action_date: 2007-10-17
text: Rule H. Res. 746 passed House.
action_date: 2007-10-16
text: Rules Committee Resolution H. Res. 746 Reported to House. Rule provides for consideration of H.R. 3773 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. In lieu of the amendments recommended by the Committee on the Judiciary and the Permanent Select Committee on Intelligence, the resolution considers as adopted the amendment in the nature of a substitute printed in part A of this report, modified by the amendment printed in part B of this report, and considers the bill, as amended, as read.
action_date: 2007-10-12
text: Placed on the Union Calendar, Calendar No. 231.
action_date: 2007-10-12
text: Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 110-373, Part II.
action_date: 2007-10-12
text: Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 110-373, Part II.
action_date: 2007-10-12
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-373, Part I.
action_date: 2007-10-12
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-373, Part I.
action_date: 2007-10-10
text: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 14.
action_date: 2007-10-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-10-09
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-10-09
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-10-09
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-10-09
text: Sponsor introductory remarks on measure. (CR E2088)
action_date: 2007-10-09
text: Introduced in House
action_date: 2007-10-09
text: Introduced in House