H.R.3773 - RESTORE Act of 2007
http://www.opencongress.org/bill/110-h3773/showTo amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.
10/12/2007--Reported to House amended, Part II. Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007 or RESTORE Act of 2007 -
(Sec. 2) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the more...acquisition of communication between non-U.S. persons who are not located within 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. 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) Authorizes the 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, authorizing for up to one year the acquisition of communications for foreign intelligence purposes of persons outside the United States who are non-U.S. persons. Outlines application requirements. Requires the Court judge to review and approve such application, if found reasonable in its purposes, within 15 days.
(Sec. 4) Allows the DNI and the AG to authorize the acquisition of communications of persons outside the United States who are non-U.S. persons for up to 45 days (without prior Court order) if an emergency situation exists, but requires the DNI and the AG, within seven days of such authorization, to apply to the Court for approval of the acquisition.
(Sec. 5) Requires: (1) the DNI and AG to submit to the congressional intelligence and judiciary committees copies of all applications and orders submitted to, or granted by, the Court; (2) quarterly audits by the Inspector General of the Department of Justice (IG) of such applications and orders; (3) quarterly reports from the DNI and AG to the intelligence and judiciary committees on acquisitions conducted under such applications and orders, including incidents of noncompliance; and (4) annual reports from the DNI and the AG containing the number of emergency authorizations of acquisitions and a description of any incidents of non-compliance.
(Sec. 6) Authorizes the Court, in its discretion, to sit en banc to review applications and issue orders.
(Sec. 7) Authorizes an increase, from 11 to 15, in the number of Court judges. Requires Court judges to make a determination within 24 hours after the receipt of applications for emergency surveillance authorizations under FISA.
(Sec. 8) Modifies specified federal law and FISA provisions concerning the exclusive means by which various forms of electronic surveillance may be conducted to include surveillance by means of the installation of pen registers and trap and trace devices.
(Sec. 9) Authorizes electronic surveillance without a warrant when Congress: (1) issues a declaration of war; (2) issues an authorization for the use of military force that explicitly authorizes electronic surveillance; or (3) is unable to convene due to attack upon the United States.
(Sec. 10) Directs the IG to: (1) audit all federal programs involving the acquisition of communications conducted without a court order on or after September 11, 2001, including under the Terrorist Surveillance Program; and (2) report audit results to the intelligence and judiciary committees.
(Sec. 11) Requires the DNI and AG to: (1) develop and maintain a recordkeeping system on instances where the identity of a U.S. person whose communications were acquired was disclosed by an element of the intelligence community to other federal departments and agencies; and (2) report to the intelligence and judiciary committees on such system.
(Sec. 12) Authorizes appropriations to the Department of Justice (DOJ) and National Security Agency (NSA) for the processing and implementation of Court applications and orders, audit and report requirements, and the recordkeeping system required under this Act.
(Sec. 13) Authorizes additional personnel, for the preparation and consideration of applications for orders approving electronic surveillance, for: (1) the Office of Intelligence of the National Security Division within DOJ; (2) the DNI; and (3) the Court.
(Sec. 14) Directs the AG to develop and implement a secure, classified document management system for the preparation, modification, and review of electronic surveillance applications under FISA.
(Sec. 15) Requires the DNI to: (1) establish procedures for conducting and seeking approval of electronic surveillance, physical search, and the installation 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.
(Sec. 16) Directs the President, within seven days after the enactment of this Act, to fully inform each member of the intelligence committees concerning: (1) NSA's Terrorist Surveillance Program; and (2) any similar program in existence since September 11, 2001, which involves electronic surveillance 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.
(Sec. 18) Terminates the amendments made by this Act on December 31, 2009, with the exception that any authorization for the acquisition of communications of persons outside the United States who are non-U.S. persons shall continue through the date of the expiration of that Court order. Terminates acquisition authorizations made before the date of enactment of this Act on the earlier of: (1) the date of expiration of such authorization; or (2) 180 days after the date of enactment of this Act. Requires a report from the DNI and the AG concerning the latter authorizations.