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. 2)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.

(Sec. 3) AuthorizesAuthorizes 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 acquisitiontargeting (electronic surveillance) of communications forpersons located outside the United States in order to acquire foreign intelligence purposes of personsinformation, under specified limitations, including: (1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States whoin 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. Outlines application requirements. Requiresfollowed, 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 judge(Court) for review; and (5) prior to reviewsuch targeting, a certification by the AG and approveDNI as to the necessity of such application,targeting and that appropriate procedures and limitations will be followed. Allows the AG and DNI, if found reasonable in its purposes,immediate targeting is determined to be required due to an emergency situation, to commence such targeting, but to submit the certification within 15 days.seven days of such determination. Requires all certifications to be submitted to the Court for review.

(Sec. 4) Allows the DNI andAuthorizes the AG and DNI to authorizedirect an electronic communication service provider to: (1) immediately provide the acquisitiongovernment 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 communicationscertifications and targeting and minimization procedures; and (2) review of persons outsideCourt rulings by the United States who are non-U.S. persons for up to 45 days (without priorForeign Intelligence Surveillance Court order) if an emergency situation exists, but requiresof Review (with certiorari to the DNISupreme Court). Outlines conditions under which the AG and DNI may, through the AG, within seven daysCourt: (1) replace a targeting acquisition already in effect before the enactment of such authorization, to apply tothis Act with an acquisition authorized under this Act; or (2) reauthorize a current acquisition under the procedures and guidelines of this Act. Requires Court for approvalmaintenance and security of the acquisition.records and proceedings with respect to acquisition applications, orders, and determinations.

(Sec. 5) Requires: (1)Requires the DNI and AG toand DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the congressionalCourt and the intelligence and judiciary committees copies of all applications and orders submitted to, or granted by, the Court; (2) quarterly audits by the Inspector Generalcommittees. Authorizes inspectors general of the Department of Justice (IG) of such applications(DOJ) and orders; (3) quarterly reports fromelements of the DNI and AGIC authorized to theacquire foreign intelligence and judiciary committees on acquisitions conducted underinformation to review their agency or element's compliance with such applicationsprocedures and orders, including incidents of noncompliance;guidelines and (4) annual reports fromprovide review results to the DNICourt, the AG, the DNI, and the AG containingintelligence and judiciary committees. Requires the numberhead of emergency authorizationsany IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and a description of any incidents of non-compliance.report review results to the Court, the AG, the DNI, and the intelligence and judiciary committees.

(Sec. 6) AuthorizesProvides Court jurisdiction for approving the Court, in its discretion,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 sit <i>en banc</i>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 applicationsof 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 issue orders.(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.

(Sec. 7) Authorizes an increase, from 11 to 15, in the numberAuthorizes the: (1) joint applications and concurrent approvals of Court judges. Requires Court judgesrequests for acquisitions proposed to make a determination within 24 hours afterbe conducted both inside and outside the receiptUnited States; and (2) concurrent authorizations of applications for emergencyelectronic surveillance authorizations under FISA.and physical searches.

(Sec. 8) Modifies specified federal law and FISA provisions concerningDirects the exclusive means by which electronic surveillance,AG to report semiannually to the interception of domestic wire, oral,intelligence and electronic communications,judiciary committees concerning the accessingimplementation of stored electronic communications, and the installation of pen registers and trap and trace (wiretap) devices may be conducted.acquisition requirements.

(Sec. 9) Authorizes102) 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 without a warrant when Congress: (1) issues a declaration of war; (2) issues an authorization forand the useinterception of military force that explicitly authorizes electronic surveillance;domestic wire, oral, or (3) is unable to convene due to attack upon the United States. electronic communications may be conducted.

(Sec. 10) Directs103) Requires the IG to: (1) audit all federal programs involvingAG to submit semiannually to the acquisitionintelligence committees copies of communications conducted without a court order onany orders of the Court or after September 11, 2001, including under the TerroristForeign Intelligence Surveillance Program; and (2) report audit results toCourt of Review that include significant construction or interpretation of FISA, including any such orders issued during the intelligence and judiciary committees.five-year period before the enactment of this Act. Allows for the redaction of submitted materials for the protection of national security.

(Sec. 11) Requires104) Revises provisions concerning the DNIapplication for, and AG to: (1) developissuance of, Court orders, including provisions concerning paperwork requirements 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.government officials who may authorize FISA actions.

(Sec. 12) Authorizes appropriations105) Allows the AG to authorize the Departmentemergency employment of Justice (DOJ)electronic surveillance if the AG, among other things: (1) determines that an emergency exists; (2) informs a Court judge of such determination; and National Security Agency (NSA)(3) applies for the processing and implementation ofa Court applications and orders, audit and report requirements, and the recordkeeping system required under this Act.order authorizing such surveillance.

(Sec. 13) Authorizes additional personnel, for the preparation107) Provides similar revisions and consideration of applicationsoutlines similar procedures as in sections 104 and 105 above for orders approving electronic surveillance, for: (1) the Officeemergency employment of Intelligence of the National Security Division within DOJ; (2) the DNI; and (3) the Court.physical searches.

(Sec. 14) Directs108) Requires the AG to developAG, after authorizing the installation and implementuse of a secure, classified document management systempen 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 preparation, modification,emergency installation and review of electronic surveillance applications under FISA.use.

(Sec. 15) Requires109) Authorizes the DNI to:Court to sit en banc when: (1) establish procedures for conducting and seeking approvalnecessary to secure or maintain uniformity of electronic surveillance, physical search, andCourt decisions; or (2) the installationproceeding involves a question 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.exceptional importance.

(Sec. 16)110) Directs the President, within seven days afterinspectors general of DOJ, the enactment of this Act, to fully inform each memberOffice of the intelligence committees concerning: (1) NSA's Terrorist Surveillance Program;DNI, the National Security Agency (NSA), and (2) any similar programother IC element that participated in existence sincethe President's Surveillance Program (a program authorized by the President during the period beginning on September 11, 2001, which involves electronic surveillanceand 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 U.S. persons in the United States for foreignproduct of the Program; and (2) provide an interim and final review report to the intelligence or other purposes without full complianceand judiciary committees. Allows for, in conjunction with FISA requirements or similar requirements under title 18, United States Code.such reviews, expedited security clearances and the hiring of necessary additional personnel.

(Sec. 18) Terminates111) Authorizes the amendments made by this Act on December 31, 2009,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 exceptionGovernment </b>- (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 authorization forassistance request or directive related to the acquisition of communications of persons outsideallegations.

<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 collection programs and activities inside the United States who are non-U.S.or regarding U.S. persons shall continue throughin effect as of and since September 11, 2001. Requires the dateprotection of national security in the expirationcarrying out of that Court order.Commission duties. Authorizes the Commission to submit interim reports. Terminates acquisition authorizations made before the date of enactmentCommission 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 onand 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 earlier of: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 date of expiration of such authorization;United States, any U.S. person, or any U.S. ally; (2) 180 days afterensure the datesafety and security of enactmentU.S. Armed Forces, or any other officer or employee of this Act. Requires a report from the DNI andgovernment involved in protecting U.S. national security; or (3) protect the AG concerning the latter authorizations.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: 11/15/2007:3/14/2008: Resolving differences -- House actions. Status: On passage Passedmotion that the House agree with an amendment to the Senate amendment Agreed to by recorded vote: 227the Yeas and Nays: 213 - 189197, 1 Present (Roll no. 1120).145).
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== Points in Favor ==

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== Points Against ==

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