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 communicating with persons insidelocated in the United States. Outlines application requirements. RequiresStates, unless done in accordance with titles I or III of FISA; and (2) requiring the Court judgetargeting to reviewbe conducted in a manner consistent with the fourth amendment to the Constitution. Requires: (1) certain targeting and approveminimization procedures to be followed; and (2) prior to such application,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 found reasonable in its purposes,immediate targeting is determined to be required, 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 Foreign Intelligence Surveillance Court (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.Supreme Court). Requires the AG to provide to any person directed to provide assistancemaintenance and security of records and proceedings with respect to the acquisition of information (such as a communications service provider) a document setting forth the parameters of the directiveapplications, orders, and a certification that the emergency authorization has been obtained pursuant to FISA requirements.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 Court and 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 Generalcommittees. Authorizes inspectors general of the Department of Justice (IG) of such applications(DOJ) and orders; (3) regular reports fromelements of the DNI and AGintelligence community (IC) authorized to theacquire foreign intelligence and judiciary committees on acquisitions conducted underinformation to review their agency or element's compliance with such applications and orders, including incidents of noncompliance;procedures and (4) annual reports fromprovide review results to the DNIAG, DNI, and intelligence committees. Requires the AG containing 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 committees.

(Sec. 6) ProhibitsProvides Court jurisdiction for 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 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 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) Directs110) Authorizes the President, within seven days after the enactmentacquisition of this Act,foreign intelligence information in order to fully inform each member ofprevent the intelligence committees concerning: (1) NSA's Terrorist Surveillance Program; and (2) any similar program in existence since September 11, 2001, which involves electronic surveillanceinternational proliferation 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.weapons of mass destruction.

(Sec. 18) Terminates<b>Title II: Protections for Electronic Communication Service Providers </b>- (Sec. 202) Prohibits an action against an electronic communication service provider (provider) if the amendments made by this Act on December 31, 2009, withAG certifies to the exceptioncourt involved that any authorization for the acquisition of communications of persons outsideassistance 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 who are non-U.S. persons shall continue throughStates; and (2) described in a written request or directive from the dateAG or head of an IC element to the expiration ofprovider indicating that Court order. Terminates acquisition authorizations made before the date of enactment of this Act onactivity was authorized by the earlier of: (1) the datePresident and determined to be lawful. Subjects AG certifications to review for abuse of expiration of such authorization; or (2) 180 days after the date of enactment of this Act.discretion. Requires a report from the DNIcourt involved to review in camera and ex parte a declaration by the AG concerning the latter authorizations.that disclosure of a certification would harm national security.

(Sec. 20) Prohibits203) Provides a person from being prosecuted, tried, or punished under FISA for any offense unlesssimilar prohibition and certification requirements as above in the indictment is found or the information is instituted not latercase of actions against individuals other than ten years after commission of the offense.providers furnishing requested assistance to an IC element.

(Sec. 21) States that this Act and its amendments shall not be construed to prohibit surveillance of,204) Prohibits a state from conducting investigations, imposing sanctions, or grant any rights to, an alien not permitted to be incommencing or remain in the United States.maintaining a civil action or other proceeding against a provider furnishing requested assistance.

(Sec. 22) States that<b>Title III: Other Provisions </b>- (Sec. 301) Provides severability protections for 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 posedamendments.

(Sec. 302) Repeals FISA provisions made inconsistent by weaponsprovisions of mass destruction or other threats to national security.this Act. Outlines transition procedures.
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== Status of the Legislation ==

<status>
Latest Major Action: 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 Yeas and Nays: 213 - 197, 1 Present (Roll no. 145).
</status>

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== Points in Favor ==

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== Points Against ==

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