S. 2248, An original bill to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes

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

Detailed 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 add a new title concerning additional procedures for targeting (acquiring) 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, including prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States with the significant purpose of acquiring the communications of a specific person reasonably believed to be 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 any non-emergency acquisition, to certify to 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 Court; (2) such procedures are consistent with requirements of the fourth amendment to the U.S. Constitution; (3) a significant purpose of the acquisition is to obtain foreign intelligence information; (4) the minimization procedures meet FISA requirements and have been or will be approved by the Court; (5) the acquisition involves obtaining the information with the assistance of 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.

Outlines legal procedures with respect to directives issued to communication service providers to provide necessary assistance to accomplish the acquisition, including directive challenges, failure to comply, standards for review, and 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.

Status of the Legislation

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

Points in Favor

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Points Against

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