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 20072008 or FISA Amendments Act of 20072008 - <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,acquiring the targeting (electronic surveillance)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 (Wire and Electronic Communications InterceptionAuthorizes the Attorney General (AG) and InterceptionDirector of Oral Communications)National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in 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 121 (Stored Wire(2) requiring the targeting to be conducted in a manner consistent with the fourth amendment to the Constitution. Requires: (1) certain targeting and Electronic Communicationsminimization procedures to be followed; and Transactional Records Access) of(2) prior to such targeting, a certification by the federal criminal codeAG and FISA shallDNI as to the necessity of such targeting and that appropriate procedures will be followed. Allows the exclusive means by which electronic surveillanceAG and interceptionDNI, if immediate targeting is determined to be required, to commence such targeting, but to submit the certification within seven days of domestic communications maysuch determination. Requires all certifications to be conducted.submitted to the Foreign Intelligence Surveillance Court (Court) for review.

RequiresAuthorizes the AG and DNI to submit semiannually todirect an electronic communication service provider to: (1) immediately provide the congressional intelligence committees copies ofgovernment with all information, facilities, and assistance necessary to accomplish an acquisition; and (2) maintain under security procedures any ordersrecords concerning such acquisition. 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 the Court orrulings by the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation(with certiorari to the Supreme Court). Requires the maintenance and security of FISA.records and proceedings with respect to acquisition applications, orders, and determinations.

Revises generally provisions concerningRequires the application for,AG and issue of,DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court orders. Allowsand the AGcongressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) authorized to acquire foreign intelligence information to review their agency or element's compliance with such procedures and provide review results to authorize the emergency employmentAG, DNI, and intelligence committees. Requires the head of electronic surveillance under certain circumstances, including: (1) determining thatany IC element conducting an emergency exists; (2) informing a Court judgeacquisition of foreign intelligence information to annually review such determination;acquisitions and (3) applying for a Court order authorizing such surveillance. Provides similar authority an outlines similar procedures forreport review results to the emergency employment of a physical search.Court, the AG, the DNI, and the intelligence committees.

RequiresProvides Court jurisdiction for the AG, after authorizingtargeting of a U.S. person located outside the installation and useUnited States when the acquisition of information is conducted within the United States. Requires an application for such acquisition to be made by a pen register or trapfederal officer (and approved by the AG), and trace device on an emergency basis, to apply 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 authorize an authorization orderemergency acquisition of such a target under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying within 168 (current law requires 48) hours afterseven days for a Court order authorizing such surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency installation and use.acquisition) of a physical search.

Authorizes the Court to sit <i>en banc </i>when:the: (1) necessaryjoint applications and concurrent approvals of requests for acquisitions proposed to secure or maintain uniformity of Court decisions; orbe conducted both inside and outside the United States; and (2) the proceeding involves a questionconcurrent authorizations of exceptional importance.electronic surveillance and physical searches.

Provides limitations (and preempts state law)Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.

(Sec. 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 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 civil actionsan emergency basis, to apply to the Court 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) Authorizes the acquisition of foreign intelligence information in order to prevent the international proliferation of weapons of mass destruction.

<b>Title II: Protections for Electronic Communication Service Providers </b>- (Sec. 202) Prohibits an action against an electronic communication service providers and persons providingprovider (provider) if the AG certifies to the court involved that the assistance was: (1) in connection with an intelligence activity.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; and (2) described in a written request or directive from the AG or head of an IC element to the provider indicating that the activity was authorized by the President and determined to be lawful. Subjects AG certifications to review for abuse of discretion. Requires the court involved to review in camera and ex parte a declaration by the AG that disclosure of a certification would harm national security.

(Sec. 203) Provides a similar prohibition and certification requirements as above in the case of actions against individuals other than providers furnishing requested assistance to an IC element.

(Sec. 204) Prohibits a state from conducting investigations, imposing sanctions, or commencing or maintaining a civil action or other proceeding against a provider furnishing requested assistance.

<b>Title III: Other Provisions </b>- (Sec. 301) Provides severability protections for this Act and its amendments.

(Sec. 302) Repeals FISA provisions made inconsistent by provisions of this Act. Outlines transition procedures.
</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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