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 add a new title concerning additional procedures for targeting (acquiring)acquiring the communications of certain persons outside the United States.

Authorizes the Attorney General (AG) and Director of 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, includingincluding: (1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States with the significant purpose of acquiringin order to acquire the communications of a specific person reasonably believed to be located in the United States, unless done in accordance with titletitles I or III of FISA.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; and (2) Foreign Intelligence Surveillance Court (Court) review ofprior to such procedures. Allowstargeting, a certification by the AG and DNI as to authorize the emergency employmentnecessity of an acquisition of foreign intelligencesuch targeting and that appropriate procedures will be followed. Allows the AG and DNI, if the AG: (1) determines that an emergency situation exists with respectimmediate targeting is determined to the acquisition; (2) informs a Court judge ofbe required, to commence such determination; (3) submitstargeting, but to submit the Court,certification within 72 hours, a request authorizingseven days of such acquisition; and (4) follows appropriate minimization procedures.determination. Requires such emergency acquisitionall certifications to be submitted to terminate within 72 hours, unless the Foreign Intelligence Surveillance 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.(Court) for review.

RequiresAuthorizes the AG and DNI, priorDNI to any non-emergency acquisition, to certify to the Court that:direct an electronic communication service provider to: (1) immediately provide the acquisition is targeted at persons believedgovernment with all information, facilities, and assistance necessary to be outside the United Statesaccomplish an acquisition; and that the targeting and minimization(2) maintain under security procedures have been or will be approved by the Court; (2)any records concerning such acquisition. Outlines legal procedures are consistent with requirements of the fourth amendmentrespect to the U.S. Constitution; (3) a significant purposedirective challenges, standards for review, enforcement, and appeals. Provides for: (1) judicial review of the acquisition is to obtain foreign intelligence information; (4) thecertifications and targeting and minimization procedures meet FISA requirementsprocedures; and have been or will be approved(2) review of Court rulings by the Court; (5)Foreign Intelligence Surveillance Court of Review (with certiorari to the acquisition involves obtainingSupreme Court). Requires the information with the assistancemaintenance and security of an electronic communication service provider;records and (6) theproceedings with respect to acquisition is limited to communications to which at least one party is reasonably believed to be located outside the United States.applications, orders, and determinations.

Outlines legal proceduresRequires the AG and DNI, at least every six months, to: (1) assess compliance with respectrequired targeting and minimization procedures; and (2) submit assessment results to directives issuedthe Court and the congressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) authorized to communication service providersacquire foreign intelligence information to review their agency or element's compliance with such procedures and provide necessary assistancereview results to accomplish the acquisition, including directive challenges, failureAG, DNI, and intelligence committees. Requires the head of any IC element conducting an acquisition of foreign intelligence information to comply, standards for review,annually review such acquisitions and appeals.report review results to the Court, the AG, the DNI, and the intelligence committees.

RequiresProvides Court jurisdiction for the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results toof a U.S. person located outside the Court andUnited States when the congressional intelligence committees. Authorizes inspectors generalacquisition of information is conducted within the Department of Justice (DOJ)United States. Requires an application for such acquisition to be made by a federal officer (and approved by the AG), and elements ofto contain certain requirements, including that the intelligence community (IC)target is believed to be a foreign power or agent, officer, or employee of a foreign power. Provides for judicial review their agency's compliance withof a Court order approving such procedures. Requiresan acquisition. Makes approval orders effective for 90 days, with authorized 90-day renewals. Allows the head of any IC element conductingAG to authorize an emergency acquisition of foreign intelligence information to annually review such acquisitionsa target under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and report review results to the Court. Directs the AG to report semiannually to the intelligence(3) applying within seven days for a Court order authorizing such surveillance. Provides similar Court jurisdiction and judiciary committees concerningoutlines similar procedures for the implementation of acquisition requirements.(and emergency acquisition) of a physical search.

(Sec. 102) States that:Authorizes the: (1) FISA shall be the exclusive meansjoint applications and concurrent approvals of requests for targeting U.S. persons in orderacquisitions proposed to acquire foreign intelligence, whether such persons arebe conducted both inside orand outside the United States, except in cases where specific statutory authorization exists to obtain such communications without an order under FISA;States; and (2) chapters 119 (Wire and Electronic Communications Interception and Interceptionconcurrent authorizations 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.physical searches.

(Sec. 103) RequiresDirects the AG to submitreport semiannually to the intelligence and judiciary 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 beforeconcerning the enactmentimplementation of this Act.acquisition requirements.

(Sec. 104) Revises provisions concerning102) States that FISA and the application for,procedures of chapters 119 (Wire and issue of, Court orders, including provisions concerning paperwork requirementsElectronic Communications Interception and government officials whoInterception 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 authorize FISA actions.be conducted.

(Sec. 105) Allows103) Requires the AG to authorizesubmit semiannually to the emergency employmentintelligence committees copies of electronic surveillance under certain circumstances, including: (1) determining that an emergency exists; (2) informing aany orders of the Court or the Foreign Intelligence Surveillance Court judge of Review that include significant construction or interpretation of FISA, including any such determination; and (3) applyingorders issued during the five-year period before the enactment of this Act. Allows for a Court order authorizing such surveillance.the redaction of submitted materials for the protection of national security.

(Sec. 107) Provides similar revisions104) Revises provisions concerning the application for, and outlines similar procedures as in sections 104issuance of, Court orders, including provisions concerning paperwork requirements and 105 above for the emergency employment of a physical search.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 an emergency basis, to apply to the Court for an authorization order within 168seven days (current law requires 48) hours48 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) DirectsAuthorizes the inspectors generalacquisition of DOJ and relevant IC elements to: (1) complete a comprehensive auditforeign 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 provider (provider) if the Terrorist Surveillance ProgramAG certifies to the court involved that the assistance was: (1) in connection with an intelligence activity authorized by the President during the period beginning on September 11, 2001, and any closelyending on January 17, 2007, and designed to prevent a terrorist attack or related intelligence activities;activities against the United States; and (2) report audit resultsdescribed in a written request or directive from the AG or head of an IC element to the intelligenceprovider indicating that the activity was authorized by the President and judiciary committees. Authorizes necessary legaldetermined 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 personnelthan providers furnishing requested assistance to complete such activities.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 ==

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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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