H.R. 3773 would amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence.

== Detailed Summary ==

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Responsible ElectronicForeign Intelligence Surveillance That is Overseen, Reviewed, and Effective Act of 20071978 Amendments Act of 2008 or RESTOREFISA Amendments Act of 20072008 - <b>Title I: Foreign Intelligence Surveillance </b>- (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide thatadd a court order is not requirednew title concerning additional procedures for acquiring the acquisitioncommunications of communication between non-U.S.certain 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 withinoutside 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.

RequiresAuthorizes the Attorney General (AG) and 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, authorizingauthorize, for periods up to one yearyear, the acquisition of communicationstargeting (electronic surveillance) of persons located outside the United States whoin 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 non-U.S. persons. Allowsfollowed, 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 authorizethe necessity of such an acquisitiontargeting 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 exists,situation, to commence such targeting, but requires the DNI andto submit the AG,certification within seven days of such authorization,determination. Requires all certifications to applybe submitted to the Court for approval of the acquisition.review.

RequiresAuthorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and AGassistance necessary to submitaccomplish an acquisition; and (2) maintain under security procedures any records concerning such acquisition. Outlines legal procedures with respect to the intelligencedirective challenges, standards for review, enforcement, and judiciary committees copiesappeals. Provides for: (1) judicial review of all applicationscertifications and orders submitted to,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 granted by,(2) reauthorize a current acquisition under the Court.procedures and guidelines of this Act. Requires Court maintenance and security of records and proceedings with respect to acquisition applications, orders, and determinations.

DirectsRequires the Inspector GeneralAG 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 audit all federal programs involving the Court, the AG, the DNI, and the intelligence and judiciary committees. Requires the head of any IC element conducting an acquisition of communications conducted without a court order on or after September 11, 2001.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.

RequiresProvides Court jurisdiction for approving the DNItargeting 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 developauthorize 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 maintain(3) applying within seven days for a recordkeeping systemCourt 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 instances wherean emergency basis, to apply to the identityCourt 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.

<b>Title II: Protection of Persons Assisting the Government </b>- (Sec. 201) Directs the court concerned to permit the government to intervene in a federal or state civil suit against any person whose communications were acquired was disclosed(including an electronic communication service provider or a landlord or custodian) providing surveillance assistance requested by an element ofIC 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.

<b>Title III: Commission on Warrantless Electronic Surveillance Activities </b>- (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 communitycollection 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.

<b>Title IV: Other Provisions </b>- (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 federal departmentsterrorist or terrorist organization from attacking the United States, any U.S. person, or any U.S. ally; (2) ensure the safety and agencies.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.
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== Status of the Legislation ==

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Latest Major Action: 10/12/2007: Reported (Amended)3/14/2008: Resolving differences -- House actions. Status: On motion that the House agree with an amendment to the Senate amendment Agreed to by the Committee on Intelligence (Permanent). H. Rept. 110-373, Part II.Yeas and Nays: 213 - 197, 1 Present (Roll no. 145).
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== Points in Favor ==

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== Points Against ==

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