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 ==

<summary>
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 electronic surveillance directed atacquiring the acquisitioncommunications of communication betweencertain 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) 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 who are non-U.S. persons who mayin order to acquire the communications of a specific person reasonably believed to be communicatinglocated in the United States, unless done in accordance with persons insidetitles 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. Outlines application requirements. RequiresStates; (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 acquisition of communications of persons outside the United States who are non-U.S. persons who may be communicatinggovernment with persons inside the United States for upall information, facilities, and assistance necessary to 45 days (without prior Court order) ifaccomplish an emergency situation exists, but requires the DNIacquisition; and the AG, within seven days of(2) maintain under security procedures any records concerning such authorization, to applyacquisition. 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 for approval of Review (with certiorari to the acquisition. RequiresSupreme Court). Outlines conditions under which the AG to provide to any person directed to provide assistance with respect toand DNI may, through the Court: (1) replace a targeting acquisition already in effect before the enactment of information (such asthis Act with an acquisition authorized under this Act; or (2) reauthorize a communications service provider) a document setting forthcurrent acquisition under the parametersprocedures and guidelines of the directivethis Act. Requires Court maintenance and a certification that the emergency authorization has been obtained pursuantsecurity of records and proceedings with respect to FISA requirements.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) regular audits by the Inspector Generalcommittees. Authorizes inspectors general of the Department of Justice (IG) of such applications(DOJ) and orders; (3) regular 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 noncompliance.report review results to the Court, the AG, the DNI, and the intelligence and judiciary committees.

(Sec. 6) ProhibitsProvides Court jurisdiction for approving the contentstargeting of communications acquired under sections 3 and 4 above from being disclosed or disseminated with information that identifies a U.S. person unlesslocated 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 Senior Executive Servicefederal officer or employee determines(and approved by the AG), and to contain certain requirements, including that the identitytarget is necessary to: (1) understand thebelieved to be a foreign intelligence collectedpower 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 assess its importance; andauthorize an emergency acquisition of such a target under certain circumstances, including: (1) determining that an emergency exists; (2) protect the national securityinforming 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 United States or its citizens, employees, officers, or Armed Forces.acquisition (and emergency acquisition) of a physical search.

(Sec. 7) Authorizes the Court, in its discretion, to sit <i>en banc</i> to reviewAuthorizes the: (1) joint applications and issue orders.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.

(Sec. 8) Authorizes an increase, from 11 to 15, inDirects the number of Court judges. Requires Court judgesAG to make a determination within 24 hours afterreport semiannually to the intelligence and judiciary committees concerning the receiptimplementation of applications for emergency surveillance authorizations under FISA.acquisition requirements.

(Sec. 9)102) States thatthat, 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 may be conducted forand the purposeinterception of gathering foreign intelligence information. Requires specific authorization for any exceptions.domestic wire, oral, or electronic communications may be conducted.

(Sec. 10) Authorizes electronic surveillance without a warrant when Congress: (1) issues a declaration103) Requires the AG to submit semiannually to the intelligence committees copies of any orders of war; (2) issues an authorization for the useCourt or the Foreign Intelligence Surveillance Court of military forceReview that explicitly authorizes electronic surveillance;include significant construction or (3) is unable to convene due to attack uponinterpretation of FISA, including any such orders issued during the United States. five-year period before the enactment of this Act. Allows for the redaction of submitted materials for the protection of national security.

(Sec. 11) Directs104) Revises provisions concerning the IG to: (1) audit all federal programs involving the acquisition of communications conducted without a court order on or after September 11, 2001,application for, and issuance of, Court orders, including under the Terrorist Surveillance Program; and (2) report audit results to the intelligenceprovisions concerning paperwork requirements and judiciary committees.government officials who may authorize FISA actions.

(Sec. 12) Requires105) Allows the DNI and AG to: (1) develop and maintain a recordkeeping system on instances whereto authorize the identity of a U.S. person whose communications were acquired was disclosed by an elementemergency employment of electronic surveillance if the intelligence community toAG, among other federal departments and agencies; andthings: (1) determines that an emergency exists; (2) report to the intelligenceinforms a Court judge of such determination; and judiciary committees on(3) applies for a Court order authorizing such system.surveillance.

(Sec. 13) Authorizes appropriations to the Department of Justice (DOJ)107) Provides similar revisions and National Security Agency (NSA) for the processingoutlines similar procedures as in sections 104 and implementation of Court applications and orders, audit and report requirements, and the recordkeeping system required under this Act. Authorizes additional personnel,105 above for the preparation and considerationemergency employment of applications for orders approving electronic surveillance, for: (1) 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) Terminates the amendments made by this Act on December 31, 2009, with the exception that any authorization for111) Authorizes the acquisition of communicationsforeign intelligence information from an entity not substantially composed of U.S. 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 beforeis engaged in the dateinternational proliferation of enactmentweapons 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.mass destruction.

(Sec. 20) Prohibits112) Provides 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 commissionten-year statute of the offense.limitations with respect to offenses under FISA.

(Sec. 21) States that this Act and its amendments shall not be construed<b>Title II: Protection of Persons Assisting the Government </b>- (Sec. 201) Directs the court concerned to prohibit surveillance of,permit the government to intervene in a federal or grantstate civil suit against any rights to,person (including an alien not permittedelectronic communication service provider or a landlord or custodian) providing surveillance assistance requested by an IC element. Allows any party (including the intervening party) to be insubmit evidence with respect to which a privilege based on state secrets or remainother 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 United States.allegations.

(Sec. 22)<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 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 intelligence communityUnited 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 Binbin 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 members of theU.S. Armed ForcesForces, or federal officersany other officer or employeesemployee 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.
</summary>

<!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. -->

== Status of the Legislation ==

<status>
Latest Major Action: 2/12/2008: Passed/agreed to in Senate.3/14/2008: Resolving differences -- House actions. Status: Passed SenateOn motion that the House agree with an amendment to the Senate amendment Agreed to by Unanimous Consent.the Yeas and Nays: 213 - 197, 1 Present (Roll no. 145).
</status>

<!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. -->

== Points in Favor ==

(Log in to edit the wiki and be the first to show why the bill should pass!)
<!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! -->

== Points Against ==

(Log in to edit the wiki and be the first to show why the bill should not pass!)
<!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! -->