S. 2248 would amend the Foreign Intelligence Surveillance Act of 1978, and it would modernize and streamline the provisions of that Act.

== Detailed Summary ==

<summary>
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or FISA Amendments Act of 2007 - <b>Title I: Foreign Intelligence Surveillance </b>- (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize the Attorney General (AG) and Director of National Intelligence to jointly authorize,add a new title concerning additional procedures for periods up to one year, the targeting (electronic surveillance)(acquiring) communications of certain persons located outside the United States to acquire foreign intelligence information. Requires specified targeting and surveillance minimization procedures to be followed, with Foreign Intelligence Surveillance Court (Court) review of such procedures.States.

States that chapters 119 (WireAuthorizes the Attorney General (AG) and Electronic Communications Interception and InterceptionDirector of Oral Communications) and 121 (Stored Wire and Electronic Communications and Transactional Records Access)National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the federal criminal code and FISA shallUnited States in order to acquire foreign intelligence information, under specified limitations, including prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the exclusive means by which electronic surveillance and interceptionUnited States with the significant purpose of domesticacquiring the communications mayof a specific person reasonably believed to be conducted.located in the United States, unless done in accordance with title I of FISA. Requires: (1) certain targeting and minimization procedures to be followed; and (2) Foreign Intelligence Surveillance Court (Court) review of such procedures. Allows the AG to authorize the emergency employment of an acquisition of foreign intelligence if the AG: (1) determines that an emergency situation exists with respect to the acquisition; (2) informs a Court judge of such determination; (3) submits to the Court, within 72 hours, a request authorizing such acquisition; and (4) follows appropriate minimization procedures. Requires such emergency acquisition to terminate within 72 hours, unless the Court determines that the person outside the United States is a foreign power or agent. Provides transition procedures with respect to the targeting of U.S. persons located overseas.

Requires the AG and DNI, prior to submit semiannuallyany non-emergency acquisition, to certify to the congressional intelligence committees copies of any orders of the Court that: (1) the acquisition is targeted at persons believed to be outside the United States and that the targeting and minimization procedures have been or will be approved by the Foreign Intelligence Surveillance CourtCourt; (2) such procedures are consistent with requirements of Review that includethe fourth amendment to the U.S. Constitution; (3) a significant constructionpurpose of the acquisition is to obtain foreign intelligence information; (4) the minimization procedures meet FISA requirements and have been or interpretationwill be approved by the Court; (5) the acquisition involves obtaining the information with the assistance of FISA.an electronic communication service provider; and (6) the acquisition is limited to communications to which at least one party is reasonably believed to be located outside the United States.

Revises generally provisions concerningOutlines legal procedures with respect to directives issued to communication service providers to provide necessary assistance to accomplish the application for, and issue of, Court orders. Allows the AGacquisition, including directive challenges, failure to authorize the emergency employment of electronic surveillance under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination;comply, standards for review, and (3) applying for a Court order authorizing such surveillance. Provides similar authority an outlines similar procedures for the emergency employment of a physical search.appeals.

Requires the AG 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 congressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) to review their agency's compliance with such procedures. Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court. Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.

(Sec. 102) States that: (1) FISA shall be the exclusive means for targeting U.S. persons in order to acquire foreign intelligence, whether such persons are inside or outside the United States, except in cases where specific statutory authorization exists to obtain such communications without an order under FISA; and (2) chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications) and 121 (Stored Wire and Electronic Communications and Transactional Records Access) of the federal criminal code and FISA shall be the exclusive means by which electronic surveillance and interception of domestic 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.

(Sec. 104) Revises provisions concerning the application for, and issue 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 under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying 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 a physical search.

(Sec. 108) Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within 168 (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 and relevant IC elements to: (1) complete a comprehensive audit of the Terrorist Surveillance Program and any closely related intelligence activities; and (2) report audit results to the intelligence and judiciary committees. Authorizes necessary legal and other personnel to complete such activities.

Authorizes the Court to sit <i>en banc </i>when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.

Provides limitations (and preempts state law) on civil actions against electronic communication service providers and persons providing assistance in connection with an intelligence activity.
</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 2/12/2008: Returned to the Calendar. Calendar No. 512.
</status>

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== Points in Favor ==

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== Points Against ==

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