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H.R. 3321, To update the Foreign Intelligence Surveillance Act of 1978, and for other purposes

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Version saved on November 6, 2007, 18:39:22, by webmaster:

H.R. 3321 would update the Foreign Intelligence Surveillance Act of 1978.

Detailed Summary

Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to state that nothing in the FISA definition of "electronic surveillance" shall be construed to encompass surveillance directed at a person located outside the United States.

Authorizes the Director of National Intelligence (DNI) and the Attorney General (AG), for periods up to one year, to acquire foreign intelligence information concerning persons outside the United States under specified procedures subject to review by the Foreign Intelligence Surveillance Court (Court). Allows the DNI and AG to issue a directive to require a person to: (1) provide appropriate information to accomplish an acquisition while protecting the secrecy of the information acquired and producing a minimum of interference with services provided to the acquisition target; and (2) maintain appropriate records concerning the acquisition. Outlines procedures to be followed in the case of a failure to comply with a directive.

Directs the: (1) AG to submit to the Court the procedures by which the government determines that acquisitions conducted pursuant to the above authority do not constitute electronic surveillance; and (2) Court to assess such procedures.

Requires the AG to report semiannually to the congressional intelligence and judiciary committees on incidents of noncompliance with directives issues by the DNI and AG.

Status of the Legislation

Latest Major Action: 9/10/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Points in Favor

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Points Against

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