[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3773 Reported in House (RH)]






                                                 Union Calendar No. 231
110th CONGRESS
  1st Session
                                H. R. 3773

                  [Report No. 110-373, Parts I and II]

To amend the Foreign Intelligence Surveillance Act of 1978 to establish 
      a procedure for authorizing certain acquisitions of foreign 
                 intelligence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2007

Mr. Conyers (for himself, Mr. Reyes, Mr. Nadler, Mr. Scott of Virginia, 
    Ms. Jackson-Lee of Texas, Ms. Hooley, Mrs. Christensen, and Mr. 
  Rodriguez) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Select Committee on 
   Intelligence (Permanent Select), for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                            October 12, 2007

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 12, 2007

 Reported from the Permanent Select Committee on Intelligence with an 
 amendment, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
[For text of introduced bill, see copy of bill as introduced on October 
                                9, 2007]

_______________________________________________________________________

                                 A BILL


 
To amend the Foreign Intelligence Surveillance Act of 1978 to establish 
      a procedure for authorizing certain acquisitions of foreign 
                 intelligence, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Responsible 
Electronic Surveillance That is Overseen, Reviewed, and Effective Act 
of 2007'' or ``RESTORE Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Clarification of electronic surveillance of non-United States 
                            persons outside the United States.
Sec. 3. Procedure for authorizing acquisitions of communications of 
                            non-United States persons located outside 
                            the United States.
Sec. 4. Emergency authorization of acquisitions of communications of 
                            non-United States persons located outside 
                            the United States.
Sec. 5. Oversight of acquisitions of communications of non-United 
                            States persons located outside of the 
                            United States.
Sec. 6. Foreign Intelligence Surveillance Court en banc.
Sec. 7. Audit of warrantless surveillance programs.
Sec. 8. Record-keeping system on acquisition of communications of 
                            United States persons.
Sec. 9. Authorization for increased resources relating to foreign 
                            intelligence surveillance.
Sec. 10. Reiteration of FISA as the exclusive means by which electronic 
                            surveillance may be conducted for gathering 
                            foreign intelligence information.
Sec. 11. Technical and conforming amendments.
Sec. 12. Sunset; transition procedures.

SEC. 2. CLARIFICATION OF ELECTRONIC SURVEILLANCE OF NON-UNITED STATES 
              PERSONS OUTSIDE THE UNITED STATES.

    Section 105A of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended to read as follows:

``clarification of electronic surveillance of non-united states persons 
                       outside the united states

    ``Sec. 105A.  (a) Foreign to Foreign Communications.--
Notwithstanding any other provision of this Act, a court order is not 
required for the acquisition of the contents of any communication 
between persons that are not United States persons and are not located 
within the United States for the purpose of collecting foreign 
intelligence information, without respect to whether the communication 
passes through the United States or the surveillance device is located 
within the United States.
    ``(b) Communications of Non-United States Persons Outside of the 
United States.--Notwithstanding any other provision of this Act other 
than subsection (a), electronic surveillance that is directed at the 
acquisition of the communications of a person that is reasonably 
believed to be located outside the United States and not a United 
States person for the purpose of collecting foreign intelligence 
information (as defined in paragraph (1) or (2)(A) of section 101(e)) 
by targeting that person shall be conducted pursuant to--
            ``(1) an order approved in accordance with section 105 or 
        105B; or
            ``(2) an emergency authorization in accordance with section 
        105 or 105C.''.

SEC. 3. PROCEDURE FOR AUTHORIZING ACQUISITIONS OF COMMUNICATIONS OF 
              NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED 
              STATES.

    Section 105B of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended to read as follows:

   ``procedure for authorizing acquisitions of communications of non-
        united states persons located outside the united states

    ``Sec. 105B.  (a) In General.--Notwithstanding any other provision 
of this Act, the Director of National Intelligence and the Attorney 
General may jointly apply to a judge of the court established under 
section 103(a) for an ex parte order, or the extension of an order, 
authorizing for a period of up to one year the acquisition of 
communications of persons that are reasonably believed to be located 
outside the United States and not United States persons for the purpose 
of collecting foreign intelligence information (as defined in paragraph 
(1) or (2)(A) of section 101(e)) by targeting those persons.
    ``(b) Application Inclusions.--An application under subsection (a) 
shall include--
            ``(1) a certification by the Director of National 
        Intelligence and the Attorney General that--
                    ``(A) the targets of the acquisition of foreign 
                intelligence information under this section are persons 
                reasonably believed to be located outside the United 
                States;
                    ``(B) the targets of the acquisition are reasonably 
                believed to be persons that are not United States 
                persons;
                    ``(C) the acquisition involves obtaining the 
                foreign intelligence information from, or with the 
                assistance of, a communications service provider or 
                custodian, or an officer, employee, or agent of such 
                service provider or custodian, who has authorized 
                access to the communications to be acquired, either as 
                they are transmitted or while they are stored, or 
                equipment that is being or may be used to transmit or 
                store such communications; and
                    ``(D) a significant purpose of the acquisition is 
                to obtain foreign intelligence information (as defined 
                in paragraph (1) or (2)(A) of section 101(e)); and
            ``(2) a description of--
                    ``(A) the procedures that will be used by the 
                Director of National Intelligence and the Attorney 
                General during the duration of the order to determine 
                that there is a reasonable belief that the targets of 
                the acquisition are persons that are located outside 
                the United States and not United States persons;
                    ``(B) the nature of the information sought, 
                including the identity of any foreign power against 
                whom the acquisition will be directed;
                    ``(C) minimization procedures that meet the 
                definition of minimization procedures under section 
                101(h) to be used with respect to such acquisition; and
                    ``(D) the guidelines that will be used to ensure 
                that an application is filed under section 104, if 
                otherwise required by this Act, when a significant 
                purpose of an acquisition is to acquire the 
                communications of a specific person reasonably believed 
                to be located in the United States.
    ``(c) Specific Place Not Required.--An application under subsection 
(a) is not required to identify the specific facilities, places, 
premises, or property at which the acquisition of foreign intelligence 
information will be directed.
    ``(d) Review of Application.--Not later than 15 days after a judge 
receives an application under subsection (a), the judge shall review 
such application and shall approve the application if the judge finds 
that--
            ``(1) the proposed procedures referred to in subsection 
        (b)(2)(A) are reasonably designed to determine whether the 
        targets of the acquisition are located outside the United 
        States and not United States persons;
            ``(2) the proposed minimization procedures referred to in 
        subsection (b)(2)(C) meet the definition of minimization 
        procedures under section 101(h); and
            ``(3) the guidelines referred to in subsection (b)(2)(D) 
        are reasonably designed to ensure that an application is filed 
        under section 104, if otherwise required by this Act, when a 
        significant purpose of an acquisition is to acquire the 
        communications of a specific person reasonably believed to be 
        located in the United States.
    ``(e) Order.--
            ``(1) In general.--A judge approving an application under 
        subsection (d) shall issue an order--
                    ``(A) authorizing the acquisition of the contents 
                of the communications as requested, or as modified by 
                the judge;
                    ``(B) requiring the communications service provider 
                or custodian, or officer, employee, or agent of such 
                service provider or custodian, who has authorized 
                access to the information, facilities, or technical 
                assistance necessary to accomplish the acquisition to 
                provide such information, facilities, or technical 
                assistance necessary to accomplish the acquisition and 
                to produce a minimum of interference with the services 
                that provider, custodian, officer, employee, or agent 
                is providing the target of the acquisition;
                    ``(C) requiring such communications service 
                provider, custodian, officer, employee, or agent, upon 
                the request of the applicant, to maintain under 
                security procedures approved by the Attorney General 
                and the Director of National Intelligence any records 
                concerning the acquisition or the aid furnished;
                    ``(D) directing the Federal Government to--
                            ``(i) compensate, at the prevailing rate, a 
                        person for providing information, facilities, 
                        or assistance pursuant to such order; and
                            ``(ii) provide a copy of the portion of the 
                        order directing the person to comply with the 
                        order to such person; and
                    ``(E) directing the applicant to follow--
                            ``(i) the procedures referred to in 
                        subsection (b)(2)(A) as proposed or as modified 
                        by the judge;
                            ``(ii) the minimization procedures referred 
                        to in subsection (b)(2)(C) as proposed or as 
                        modified by the judge; and
                            ``(iii) the guidelines referred to in 
                        subsection (b)(2)(D) as proposed or as modified 
                        by the judge.
            ``(2) Failure to comply.--If a person fails to comply with 
        an order issued under paragraph (1), the Attorney General may 
        invoke the aid of the court established under section 103(a) to 
        compel compliance with the order. Failure to obey an order of 
        the court may be punished by the court as contempt of court. 
        Any process under this section may be served in any judicial 
        district in which the person may be found.
            ``(3) Liability of order.--Notwithstanding any other law, 
        no cause of action shall lie in any court against any person 
        for providing any information, facilities, or assistance in 
        accordance with an order issued under this subsection.
            ``(4) Retention of order.--The Director of National 
        Intelligence and the court established under subsection 103(a) 
        shall retain an order issued under this section for a period of 
        not less than 10 years from the date on which such order is 
        issued.
            ``(5) Assessment of compliance with court order.--At or 
        before the end of the period of time for which an acquisition 
        is approved by an order or an extension under this section, the 
        judge shall assess compliance with the procedures and 
        guidelines referred to in paragraph (1)(E) and review the 
        circumstances under which information concerning United States 
        persons was acquired, retained, or disseminated.''.

SEC. 4. EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF 
              NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED 
              STATES.

    Section 105C of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended to read as follows:

  ``emergency authorization of acquisitions of communications of non-
        united states persons located outside the united states

    ``Sec. 105C.  (a) Application After Emergency Authorization.--As 
soon as is practicable, but not more than 7 days after the Director of 
National Intelligence and the Attorney General authorize an acquisition 
under this section, an application for an order authorizing the 
acquisition in accordance with section 105B shall be submitted to the 
judge referred to in subsection (b)(2) of this section for approval of 
the acquisition in accordance with section 105B.
    ``(b) Emergency Authorization.--Notwithstanding any other provision 
of this Act, the Director of National Intelligence and the Attorney 
General may jointly authorize the emergency acquisition of foreign 
intelligence information for a period of not more than 45 days if--
            ``(1) the Director of National Intelligence and the 
        Attorney General jointly determine that--
                    ``(A) an emergency situation exists with respect to 
                an authorization for an acquisition under section 105B 
                before an order approving the acquisition under such 
                section can with due diligence be obtained;
                    ``(B) the targets of the acquisition of foreign 
                intelligence information under this section are persons 
                reasonably believed to be located outside the United 
                States;
                    ``(C) the targets of the acquisition are reasonably 
                believed to be persons that are not United States 
                persons;
                    ``(D) there are reasonable procedures in place for 
                determining that the acquisition of foreign 
                intelligence information under this section will be 
                acquired by targeting only persons that are reasonably 
                believed to be located outside the United States and 
                not United States persons;
                    ``(E) the acquisition involves obtaining the 
                foreign intelligence information from, or with the 
                assistance of, a communications service provider or 
                custodian, or an officer, employee, or agent of such 
                service provider or custodian, who has authorized 
                access to the communications to be acquired, either as 
                they are transmitted or while they are stored, or 
                equipment that is being or may be used to transmit or 
                store such communications;
                    ``(F) a significant purpose of the acquisition is 
                to obtain foreign intelligence information (as defined 
                in paragraph (1) or (2)(A) of section 101(e));
                    ``(G) minimization procedures to be used with 
                respect to such acquisition activity meet the 
                definition of minimization procedures under section 
                101(h); and
                    ``(H) there are guidelines that will be used to 
                ensure that an application is filed under section 104, 
                if otherwise required by this Act, when a significant 
                purpose of an acquisition is to acquire the 
                communications of a specific person reasonably believed 
                to be located in the United States; and
            ``(2) the Director of National Intelligence and the 
        Attorney General, or their designees, inform a judge having 
        jurisdiction to approve an acquisition under section 105B at 
        the time of the authorization under this section that the 
        decision has been made to acquire foreign intelligence 
        information.
    ``(c) Information, Facilities, and Technical Assistance.--Pursuant 
to an authorization of an acquisition under this section, the Attorney 
General may direct a communications service provider, custodian, or an 
officer, employee, or agent of such service provider or custodian, who 
has the lawful authority to access the information, facilities, or 
technical assistance necessary to accomplish such acquisition to--
            ``(1) furnish the Attorney General forthwith with such 
        information, facilities, or technical assistance in a manner 
        that will protect the secrecy of the acquisition and produce a 
        minimum of interference with the services that provider, 
        custodian, officer, employee, or agent is providing the target 
        of the acquisition; and
            ``(2) maintain under security procedures approved by the 
        Attorney General and the Director of National Intelligence any 
        records concerning the acquisition or the aid furnished.''.

SEC. 5. OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED 
              STATES PERSONS LOCATED OUTSIDE OF THE UNITED STATES.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is amended by inserting after section 105C the following new 
section:

  ``oversight of acquisitions of communications of non-united states 
              persons located outside of the united states

    ``Sec. 105D.  (a) Application; Procedures; Orders.--Not later than 
7 days after an application is submitted under section 105B(a) or an 
order is issued under section 105B(e), the Director of National 
Intelligence and the Attorney General shall submit to the appropriate 
committees of Congress--
            ``(1) in the case of an application--
                    ``(A) a copy of the application, including the 
                certification made under section 105B(b)(1); and
                    ``(B) a description of the primary purpose of the 
                acquisition for which the application is submitted; and
            ``(2) in the case of an order, a copy of the order, 
        including the procedures and guidelines referred to in section 
        105B(e)(1)(E).
    ``(b) Quarterly Audits.--
            ``(1) Audit.--Not later than 120 days after the date of the 
        enactment of this section, and every 120 days thereafter until 
        the expiration of all orders issued under section 105B, the 
        Inspector General of the Department of Justice shall complete 
        an audit on the implementation of and compliance with the 
        procedures and guidelines referred to in section 105B(e)(1)(E) 
        and shall submit to the appropriate committees of Congress, the 
        Attorney General, the Director of National Intelligence, and 
        the court established under section 103(a) the results of such 
        audit, including, for each order authorizing the acquisition of 
        foreign intelligence under section 105B--
                    ``(A) the number of targets of an acquisition under 
                such order that were later determined to be located in 
                the United States;
                    ``(B) the number of persons located in the United 
                States whose communications have been acquired under 
                such order;
                    ``(C) the number and nature of reports disseminated 
                containing information on a United States person that 
                was collected under such order; and
                    ``(D) the number of applications submitted for 
                approval of electronic surveillance under section 104 
                for targets whose communications were acquired under 
                such order.
            ``(2) Report.--Not later than 30 days after the completion 
        of an audit under paragraph (1), the Attorney General shall 
        submit to the appropriate committees of Congress and the court 
        established under section 103(a) a report containing the 
        results of such audit.
    ``(c) Compliance Reports.--Not later than 60 days after the date of 
the enactment of this section, and every 120 days thereafter until the 
expiration of all orders issued under section 105B, the Director of 
National Intelligence and the Attorney General shall submit to the 
appropriate committees of Congress and the court established under 
section 103(a) a report concerning acquisitions under section 105B 
during the previous 120-day period. Each report submitted under this 
section shall include a description of any incidents of non-compliance 
with an order issued under section 105B(e), including incidents of non-
compliance by--
            ``(1) an element of the intelligence community with 
        minimization procedures referred to in section 
        105B(e)(1)(E)(i);
            ``(2) an element of the intelligence community with 
        procedures referred to in section 105B(e)(1)(E)(ii);
            ``(3) an element of the intelligence community with 
        guidelines referred to in section 105B(e)(1)(E)(iii); and
            ``(4) a person directed to provide information, facilities, 
        or technical assistance under such order.
    ``(d) Report on Emergency Authority.--The Director of National 
Intelligence and the Attorney General shall annually submit to the 
appropriate committees of Congress a report containing the number of 
emergency authorizations of acquisitions under section 105C and a 
description of any incidents of non-compliance with an emergency 
authorization under such section.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Permanent Select Committee on Intelligence of the 
        House of Representatives;
            ``(2) the Select Committee on Intelligence of the Senate; 
        and
            ``(3) the Committees on the Judiciary of the House of 
        Representatives and the Senate.''.

SEC. 6. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN BANC.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended by adding at the end the following new 
subsection:
    ``(g) In any case where the court established under subsection (a) 
or a judge of such court is required to review a matter under this Act, 
the court may, at the discretion of the court, sit en banc to review 
such matter and issue any orders related to such matter.''.

SEC. 7. AUDIT OF WARRANTLESS SURVEILLANCE PROGRAMS.

    (a) Audit.--Not later than 180 days after the date of the enactment 
of this Act, the Inspector General of the Department of Justice shall 
complete an audit of all programs of the Federal Government involving 
the acquisition of communications conducted without a court order on or 
after September 11, 2001, including the Terrorist Surveillance Program 
referred to by the President in a radio address on December 17, 2005. 
Such audit shall include acquiring all documents relevant to such 
programs, including memoranda concerning the legal authority of a 
program, authorizations of a program, certifications to 
telecommunications carriers, and court orders.
    (b) Report.--
            (1) In general.--Not later than 30 days after the 
        completion of the audit under subsection (a), the Inspector 
        General shall submit to the Permanent Select Committee on 
        Intelligence and the Committee on the Judiciary of the House of 
        Representatives and the Select Committee on Intelligence and 
        the Committee on the Judiciary of the Senate a report 
        containing the results of such audit, including all documents 
        acquired pursuant to conducting such audit.
            (2) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (c) Expedited Security Clearance.--The Director of National 
Intelligence shall ensure that the process for the investigation and 
adjudication of an application by the Inspector General or the 
appropriate staff of the Office of the Inspector General of the 
Department of Justice for a security clearance necessary for the 
conduct of the audit under subsection (a) is conducted as expeditiously 
as possible.

SEC. 8. RECORD-KEEPING SYSTEM ON ACQUISITION OF COMMUNICATIONS OF 
              UNITED STATES PERSONS.

    (a) Record-Keeping System.--The Director of National Intelligence 
and the Attorney General shall jointly develop and maintain a record-
keeping system that will keep track of--
            (1) the instances where the identity of a United States 
        person whose communications were acquired was disclosed by an 
        element of the intelligence community (as defined in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
        that collected the communications to other departments or 
        agencies of the United States; and
            (2) the departments and agencies of the Federal Government 
        and persons to whom such identity information was disclosed.
    (b) Report.--The Director of National Intelligence and the Attorney 
General shall annually submit to the Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate a report on the record-keeping 
system created under subsection (a), including the number of instances 
referred to in paragraph (1).

SEC. 9. AUTHORIZATION FOR INCREASED RESOURCES RELATING TO FOREIGN 
              INTELLIGENCE SURVEILLANCE.

    There are authorized to be appropriated the Department of Justice, 
for the activities of the Office of the Inspector General, the Office 
of Intelligence Policy and Review, and other appropriate elements of 
the National Security Division, and the National Security Agency such 
sums as may be necessary to meet the personnel and information 
technology demands to ensure the timely and efficient processing of--
            (1) applications and other submissions to the court 
        established under section 103(a) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803(a));
            (2) the audit and reporting requirements under--
                    (A) section 105D of such Act; and
                    (B) section 7; and
            (3) the record-keeping system and reporting requirements 
        under section 8.

SEC. 10. REITERATION OF FISA AS THE EXCLUSIVE MEANS BY WHICH ELECTRONIC 
              SURVEILLANCE MAY BE CONDUCTED FOR GATHERING FOREIGN 
              INTELLIGENCE INFORMATION.

    (a) Exclusive Means.--Notwithstanding any other provision of law, 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) shall be the exclusive means by which electronic surveillance may 
be conducted for the purpose of gathering foreign intelligence 
information.
    (b) Specific Authorization Required for Exception.--Subsection (a) 
shall apply until specific statutory authorization for electronic 
surveillance, other than as an amendment to the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), is enacted. Such 
specific statutory authorization shall be the only exception to 
subsection (a).

SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents in the first section 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended by striking the items relating to sections 105A, 105B, 
and 105C and inserting the following new items:

``Sec. 105A. Clarification of electronic surveillance of non-United 
                            States persons outside the United States.
``Sec. 105B. Procedure for authorizing acquisitions of communications 
                            of non-United States persons located 
                            outside the United States.
``Sec. 105C. Emergency authorization of acquisitions of communications 
                            of non-United States persons located 
                            outside the United States.
``Sec. 105D. Oversight of acquisitions of communications of non-United 
                            States persons located outside of the 
                            United States.''.
    (b) Section 103(e) of FISA.--Section 103(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e)) is amended--
            (1) in paragraph (1), by striking ``105B(h) or''; and
            (2) in paragraph (2), by striking ``105B(h) or''.
    (c) Repeal of Certain Provisions of the Protect America Act of 
2007.--Sections 4 and 6 of the Protect America Act 2007 (Public Law 
110-55) are hereby repealed.

SEC. 12. SUNSET; TRANSITION PROCEDURES.

    (a) Sunset of New Provisions.--
            (1) In general.--Except as provided in paragraph (2), 
        effective on December 31, 2009--
                    (A) sections 105A, 105B, 105C, and 105D of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.) are hereby repealed; and
                    (B) the table of contents in the first section of 
                such Act is amended by striking the items relating to 
                sections 105A, 105B, 105C, and 105D.
            (2) Acquisitions authorized prior to sunset.--Any 
        authorization or order issued under section 105B of the Foreign 
        Intelligence Surveillance Act of 1978, as amended by this Act, 
        in effect on December 31, 2009, shall continue in effect until 
        the date of the expiration of such authorization or order.
    (b) Acquisitions Authorized Prior to Enactment.--
            (1) Effect.--Notwithstanding the amendments made by this 
        Act, an authorization of the acquisition of foreign 
        intelligence information under section 105B of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
        made before the date of the enactment of this Act shall remain 
        in effect until the date of the expiration of such 
        authorization or the date that is 180 days after such date of 
        enactment, whichever is earlier.
            (2) Report.--Not later than 30 days after the date of the 
        expiration of all authorizations of acquisition of foreign 
        intelligence information under section 105B of the Foreign 
        Intelligence Surveillance Act of 1978 (as added by Public Law 
        110-55) made before the date of the enactment of this Act in 
        accordance with paragraph (1), the Director of National 
        Intelligence and the Attorney General shall submit to the 
        Permanent Select Committee on Intelligence and the Committee on 
        the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate a report on such authorizations, including--
                    (A) the number of targets of an acquisition under 
                section 105B of such Act (as in effect on the day 
                before the date of the enactment of this Act) that were 
                later determined to be located in the United States;
                    (B) the number of persons located in the United 
                States whose communications have been acquired under 
                such section;
                    (C) the number of reports disseminated containing 
                information on a United States person that was 
                collected under such section;
                    (D) the number of applications submitted for 
                approval of electronic surveillance under section 104 
                of such Act based upon information collected pursuant 
                to an acquisition authorized under section 105B of such 
                Act (as in effect on the day before the date of the 
                enactment of this Act); and
                    (E) a description of any incidents of non-
                compliance with an authorization under such section, 
                including incidents of non-compliance by--
                            (i) an element of the intelligence 
                        community with procedures referred to in 
                        subsection (a)(1) of such section;
                            (ii) an element of the intelligence 
                        community with minimization procedures referred 
                        to in subsection (a)(5) of such section; and
                            (iii) a person directed to provide 
                        information, facilities, or technical 
                        assistance under subsection (e) of such 
                        section.
            (3) Intelligence community defined.--In this subsection, 
        the term ``intelligence community'' has the meaning given the 
        term in section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 401a(4)).

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Responsible 
Electronic Surveillance That is Overseen, Reviewed, and Effective Act 
of 2007'' or ``RESTORE Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Clarification of electronic surveillance of non-United States 
                            persons outside the United States.
Sec. 3. Procedure for authorizing acquisitions of communications of 
                            non-United States persons located outside 
                            the United States.
Sec. 4. Emergency authorization of acquisitions of communications of 
                            non-United States persons located outside 
                            the United States.
Sec. 5. Oversight of acquisitions of communications of non-United 
                            States persons located outside of the 
                            United States.
Sec. 6. Foreign Intelligence Surveillance Court en banc.
Sec. 7. Foreign Intelligence Surveillance Court matters.
Sec. 8. Reiteration of chapters 119 and 121 of title 18, United States 
                            Code, and Foreign Intelligence Surveillance 
                            Act of 1978 as exclusive means by which 
                            domestic electronic surveillance may be 
                            conducted.
Sec. 9. Enhancement of electronic surveillance authority in wartime and 
                            other collection.
Sec. 10. Audit of warrantless surveillance programs.
Sec. 11. Record-keeping system on acquisition of communications of 
                            United States persons.
Sec. 12. Authorization for increased resources relating to foreign 
                            intelligence surveillance.
Sec. 13. Additional personnel for preparation and consideration of 
                            applications for orders approving 
                            electronic surveillance and physical 
                            search.
Sec. 14. Document management system for applications for orders 
                            approving electronic surveillance.
Sec. 15. Training of intelligence community personnel in foreign 
                            intelligence collection matters.
Sec. 16. Information for Congress on the terrorist surveillance program 
                            and similar programs.
Sec. 17. Technical and conforming amendments.
Sec. 18. Sunset; transition procedures.

SEC. 2. CLARIFICATION OF ELECTRONIC SURVEILLANCE OF NON-UNITED STATES 
              PERSONS OUTSIDE THE UNITED STATES.

    Section 105A of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended to read as follows:

``clarification of electronic surveillance of non-united states persons 
                       outside the united states

    ``Sec. 105A.  (a) Foreign to Foreign Communications.--
Notwithstanding any other provision of this Act, a court order is not 
required for the acquisition of the contents of any communication 
between persons that are not United States persons and are not located 
within the United States for the purpose of collecting foreign 
intelligence information, without respect to whether the communication 
passes through the United States or the surveillance device is located 
within the United States.
    ``(b) Communications of Non-United States Persons Outside of the 
United States.--Notwithstanding any other provision of this Act other 
than subsection (a), electronic surveillance that is directed at the 
acquisition of the communications of a person that is reasonably 
believed to be located outside the United States and not a United 
States person for the purpose of collecting foreign intelligence 
information (as defined in paragraph (1) or (2)(A) of section 101(e)) 
by targeting that person shall be conducted pursuant to--
            ``(1) an order approved in accordance with section 105 or 
        105B; or
            ``(2) an emergency authorization in accordance with section 
        105 or 105C.''.

SEC. 3. PROCEDURE FOR AUTHORIZING ACQUISITIONS OF COMMUNICATIONS OF 
              NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED 
              STATES.

    Section 105B of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended to read as follows:

   ``procedure for authorizing acquisitions of communications of non-
        united states persons located outside the united states

    ``Sec. 105B.  (a) In General.--Notwithstanding any other provision 
of this Act, the Director of National Intelligence and the Attorney 
General may jointly apply to a judge of the court established under 
section 103(a) for an ex parte order, or the extension of an order, 
authorizing for a period of up to one year the acquisition of 
communications of persons that are reasonably believed to be located 
outside the United States and not United States persons for the purpose 
of collecting foreign intelligence information (as defined in paragraph 
(1) or (2)(A) of section 101(e)) by targeting those persons.
    ``(b) Application Inclusions.--An application under subsection (a) 
shall include--
            ``(1) a certification by the Director of National 
        Intelligence and the Attorney General that--
                    ``(A) the targets of the acquisition of foreign 
                intelligence information under this section are persons 
                reasonably believed to be located outside the United 
                States;
                    ``(B) the targets of the acquisition are reasonably 
                believed to be persons that are not United States 
                persons;
                    ``(C) the acquisition involves obtaining the 
                foreign intelligence information from, or with the 
                assistance of, a communications service provider or 
                custodian, or an officer, employee, or agent of such 
                service provider or custodian, who has authorized 
                access to the communications to be acquired, either as 
                they are transmitted or while they are stored, or 
                equipment that is being or may be used to transmit or 
                store such communications; and
                    ``(D) a significant purpose of the acquisition is 
                to obtain foreign intelligence information (as defined 
                in paragraph (1) or (2)(A) of section 101(e)); and
            ``(2) a description of--
                    ``(A) the procedures that will be used by the 
                Director of National Intelligence and the Attorney 
                General during the duration of the order to determine 
                that there is a reasonable belief that the targets of 
                the acquisition are persons that are located outside 
                the United States and not United States persons;
                    ``(B) the nature of the information sought, 
                including the identity of any foreign power against 
                whom the acquisition will be directed;
                    ``(C) minimization procedures that meet the 
                definition of minimization procedures under section 
                101(h) to be used with respect to such acquisition; and
                    ``(D) the guidelines that will be used to ensure 
                that an application is filed under section 104, if 
                otherwise required by this Act, when a significant 
                purpose of an acquisition is to acquire the 
                communications of a specific United States person 
                reasonably believed to be located in the United States.
    ``(c) Specific Place Not Required.--An application under subsection 
(a) is not required to identify the specific facilities, places, 
premises, or property at which the acquisition of foreign intelligence 
information will be directed.
    ``(d) Review of Application.--Not later than 15 days after a judge 
receives an application under subsection (a), the judge shall review 
such application and shall approve the application if the judge finds 
that--
            ``(1) the proposed procedures referred to in subsection 
        (b)(2)(A) are reasonably designed to determine whether the 
        targets of the acquisition are located outside the United 
        States and not United States persons;
            ``(2) the proposed minimization procedures referred to in 
        subsection (b)(2)(C) meet the definition of minimization 
        procedures under section 101(h); and
            ``(3) the guidelines referred to in subsection (b)(2)(D) 
        are reasonably designed to ensure that an application is filed 
        under section 104, if otherwise required by this Act, when a 
        significant purpose of an acquisition is to acquire the 
        communications of a specific United States person reasonably 
        believed to be located in the United States.
    ``(e) Order.--
            ``(1) In general.--A judge approving an application under 
        subsection (d) shall issue an order--
                    ``(A) authorizing the acquisition of the contents 
                of the communications as requested, or as modified by 
                the judge;
                    ``(B) requiring the communications service provider 
                or custodian, or officer, employee, or agent of such 
                service provider or custodian, who has authorized 
                access to the information, facilities, or technical 
                assistance necessary to accomplish the acquisition to 
                provide such information, facilities, or technical 
                assistance necessary to accomplish the acquisition and 
                to produce a minimum of interference with the services 
                that provider, custodian, officer, employee, or agent 
                is providing the target of the acquisition;
                    ``(C) requiring such communications service 
                provider, custodian, officer, employee, or agent, upon 
                the request of the applicant, to maintain under 
                security procedures approved by the Attorney General 
                and the Director of National Intelligence any records 
                concerning the acquisition or the aid furnished;
                    ``(D) directing the Federal Government to--
                            ``(i) compensate, at the prevailing rate, a 
                        person for providing information, facilities, 
                        or assistance pursuant to such order; and
                            ``(ii) provide a copy of the portion of the 
                        order directing the person to comply with the 
                        order to such person; and
                    ``(E) directing the applicant to follow--
                            ``(i) the procedures referred to in 
                        subsection (b)(2)(A) as proposed or as modified 
                        by the judge;
                            ``(ii) the minimization procedures referred 
                        to in subsection (b)(2)(C) as proposed or as 
                        modified by the judge; and
                            ``(iii) the guidelines referred to in 
                        subsection (b)(2)(D) as proposed or as modified 
                        by the judge.
            ``(2) Failure to comply.--If a person fails to comply with 
        an order issued under paragraph (1), the Attorney General may 
        invoke the aid of the court established under section 103(a) to 
        compel compliance with the order. Failure to obey an order of 
        the court may be punished by the court as contempt of court. 
        Any process under this section may be served in any judicial 
        district in which the person may be found.
            ``(3) Liability of order.--Notwithstanding any other law, 
        no cause of action shall lie in any court against any person 
        for providing any information, facilities, or assistance in 
        accordance with an order issued under this subsection.
            ``(4) Retention of order.--The Director of National 
        Intelligence and the court established under subsection 103(a) 
        shall retain an order issued under this section for a period of 
        not less than 10 years from the date on which such order is 
        issued.
            ``(5) Assessment of compliance with court order.--At or 
        before the end of the period of time for which an acquisition 
        is approved by an order or an extension under this section, the 
        court established under section 103(a) shall, not less 
        frequently than once each quarter, assess compliance with the 
        procedures and guidelines referred to in paragraph (1)(E) and 
        review the circumstances under which information concerning 
        United States persons was acquired, retained, or 
        disseminated.''.

SEC. 4. EMERGENCY AUTHORIZATION OF ACQUISITIONS OF COMMUNICATIONS OF 
              NON-UNITED STATES PERSONS LOCATED OUTSIDE THE UNITED 
              STATES.

    Section 105C of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended to read as follows:

  ``emergency authorization of acquisitions of communications of non-
        united states persons located outside the united states

    ``Sec. 105C.  (a) Application After Emergency Authorization.--As 
soon as is practicable, but not more than 7 days after the Director of 
National Intelligence and the Attorney General authorize an acquisition 
under this section, an application for an order authorizing the 
acquisition in accordance with section 105B shall be submitted to the 
judge referred to in subsection (b)(2) of this section for approval of 
the acquisition in accordance with section 105B.
    ``(b) Emergency Authorization.--Notwithstanding any other provision 
of this Act, the Director of National Intelligence and the Attorney 
General may jointly authorize the emergency acquisition of foreign 
intelligence information for a period of not more than 45 days if--
            ``(1) the Director of National Intelligence and the 
        Attorney General jointly determine that--
                    ``(A) an emergency situation exists with respect to 
                an authorization for an acquisition under section 105B 
                before an order approving the acquisition under such 
                section can with due diligence be obtained;
                    ``(B) the targets of the acquisition of foreign 
                intelligence information under this section are persons 
                reasonably believed to be located outside the United 
                States;
                    ``(C) the targets of the acquisition are reasonably 
                believed to be persons that are not United States 
                persons;
                    ``(D) there are reasonable procedures in place for 
                determining that the acquisition of foreign 
                intelligence information under this section will be 
                acquired by targeting only persons that are reasonably 
                believed to be located outside the United States and 
                not United States persons;
                    ``(E) the acquisition involves obtaining the 
                foreign intelligence information from, or with the 
                assistance of, a communications service provider or 
                custodian, or an officer, employee, or agent of such 
                service provider or custodian, who has authorized 
                access to the communications to be acquired, either as 
                they are transmitted or while they are stored, or 
                equipment that is being or may be used to transmit or 
                store such communications;
                    ``(F) a significant purpose of the acquisition is 
                to obtain foreign intelligence information (as defined 
                in paragraph (1) or (2)(A) of section 101(e));
                    ``(G) minimization procedures to be used with 
                respect to such acquisition activity meet the 
                definition of minimization procedures under section 
                101(h); and
                    ``(H) there are guidelines that will be used to 
                ensure that an application is filed under section 104, 
                if otherwise required by this Act, when a significant 
                purpose of an acquisition is to acquire the 
                communications of a specific United States person 
                reasonably believed to be located in the United States; 
                and
            ``(2) the Director of National Intelligence and the 
        Attorney General, or their designees, inform a judge having 
        jurisdiction to approve an acquisition under section 105B at 
        the time of the authorization under this section that the 
        decision has been made to acquire foreign intelligence 
        information.
    ``(c) Information, Facilities, and Technical Assistance.--Pursuant 
to an authorization of an acquisition under this section, the Attorney 
General may direct a communications service provider, custodian, or an 
officer, employee, or agent of such service provider or custodian, who 
has the lawful authority to access the information, facilities, or 
technical assistance necessary to accomplish such acquisition to--
            ``(1) furnish the Attorney General forthwith with such 
        information, facilities, or technical assistance in a manner 
        that will protect the secrecy of the acquisition and produce a 
        minimum of interference with the services that provider, 
        custodian, officer, employee, or agent is providing the target 
        of the acquisition; and
            ``(2) maintain under security procedures approved by the 
        Attorney General and the Director of National Intelligence any 
        records concerning the acquisition or the aid furnished.''.

SEC. 5. OVERSIGHT OF ACQUISITIONS OF COMMUNICATIONS OF NON-UNITED 
              STATES PERSONS LOCATED OUTSIDE OF THE UNITED STATES.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is amended by inserting after section 105C the following new 
section:

  ``oversight of acquisitions of communications of non-united states 
              persons located outside of the united states

    ``Sec. 105D.  (a) Application; Procedures; Orders.--Not later than 
7 days after an application is submitted under section 105B(a) or an 
order is issued under section 105B(e), the Director of National 
Intelligence and the Attorney General shall submit to the appropriate 
committees of Congress--
            ``(1) in the case of an application, a copy of the 
        application, including the certification made under section 
        105B(b)(1); and
            ``(2) in the case of an order, a copy of the order, 
        including the procedures and guidelines referred to in section 
        105B(e)(1)(E).
    ``(b) Quarterly Audits.--
            ``(1) Audit.--Not later than 120 days after the date of the 
        enactment of this section, and every 120 days thereafter until 
        the expiration of all orders issued under section 105B, the 
        Inspector General of the Department of Justice shall complete 
        an audit on the implementation of and compliance with the 
        procedures and guidelines referred to in section 105B(e)(1)(E) 
        and shall submit to the appropriate committees of Congress, the 
        Attorney General, the Director of National Intelligence, and 
        the court established under section 103(a) the results of such 
        audit, including, for each order authorizing the acquisition of 
        foreign intelligence under section 105B--
                    ``(A) the number of targets of an acquisition under 
                such order that were later determined to be located in 
                the United States;
                    ``(B) the number of persons located in the United 
                States whose communications have been acquired under 
                such order;
                    ``(C) the number and nature of reports disseminated 
                containing information on a United States person that 
                was collected under such order; and
                    ``(D) the number of applications submitted for 
                approval of electronic surveillance under section 104 
                for targets whose communications were acquired under 
                such order.
            ``(2) Report.--Not later than 30 days after the completion 
        of an audit under paragraph (1), the Attorney General shall 
        submit to the appropriate committees of Congress and the court 
        established under section 103(a) a report containing the 
        results of such audit.
    ``(c) Compliance Reports.--Not later than 60 days after the date of 
the enactment of this section, and every 120 days thereafter until the 
expiration of all orders issued under section 105B, the Director of 
National Intelligence and the Attorney General shall submit to the 
appropriate committees of Congress and the court established under 
section 103(a) a report concerning acquisitions under section 105B 
during the previous 120-day period. Each report submitted under this 
section shall include a description of any incidents of non-compliance 
with an order issued under section 105B(e), including incidents of non-
compliance by--
            ``(1) an element of the intelligence community with 
        minimization procedures referred to in section 
        105B(e)(1)(E)(i);
            ``(2) an element of the intelligence community with 
        procedures referred to in section 105B(e)(1)(E)(ii);
            ``(3) an element of the intelligence community with 
        guidelines referred to in section 105B(e)(1)(E)(iii); and
            ``(4) a person directed to provide information, facilities, 
        or technical assistance under such order.
    ``(d) Report on Emergency Authority.--The Director of National 
Intelligence and the Attorney General shall annually submit to the 
appropriate committees of Congress a report containing the number of 
emergency authorizations of acquisitions under section 105C and a 
description of any incidents of non-compliance with an emergency 
authorization under such section.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Permanent Select Committee on Intelligence of the 
        House of Representatives;
            ``(2) the Select Committee on Intelligence of the Senate; 
        and
            ``(3) the Committees on the Judiciary of the House of 
        Representatives and the Senate.''.

SEC. 6. FOREIGN INTELLIGENCE SURVEILLANCE COURT EN BANC.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended by adding at the end the following new 
subsection:
    ``(g) In any case where the court established under subsection (a) 
or a judge of such court is required to review a matter under this Act, 
the court may, at the discretion of the court, sit en banc to review 
such matter and issue any orders related to such matter.''.

SEC. 7. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.

    (a) Authority for Additional Judges.--Section 103(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) in paragraph (1) (as so designated)--
                    (A) by striking ``11'' and inserting ``15''; and
                    (B) by inserting ``at least'' before ``seven of the 
                United States judicial circuits''; and
            (3) by designating the second sentence as paragraph (3) and 
        indenting such paragraph, as so designated.
    (b) Consideration of Emergency Applications.--Such section is 
further amended by inserting after paragraph (1) (as designated by 
subsection (a)(1)) the following new paragraph:
    ``(2) A judge of the court shall make a determination to approve, 
deny, or modify an application submitted pursuant to section 105(f), 
section 304(e), or section 403 not later than 24 hours after the 
receipt of such application by the court.''.

SEC. 8. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES 
              CODE, AND FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
              AS EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC 
              SURVEILLANCE MAY BE CONDUCTED.

    (a) Exclusive Means.--Section 2511(2)(f) of title 18, United States 
Code, is amended by striking ``and procedures in this chapter'' and all 
that follows and inserting ``and procedures in this chapter, chapters 
121 and 206, and the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) shall be the exclusive means by which electronic 
surveillance (as defined in section 101(f) of such Act), the 
interception of domestic wire, oral, and electronic communications, the 
accessing of stored electronic communications, and the installation and 
use of pen registers and trap and trace devices may be conducted.''.
    (b) Amendment to Foreign Intelligence Surveillance Act of 1978.--
            (1) Section 109(a).--Section 109(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is 
        amended by striking ``authorized by statute'' each place it 
        appears and inserting ``authorized by title I or IV of the 
        Foreign Intelligence Surveillance Act (50 U.S.C. 1801-1811 and 
        1841-1846), or chapter 119, 121, or 206 of title 18, United 
        States Code''.
            (2) Section 307(a).--Section 307(a)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1827(a)) is 
        amended by striking ``as authorized by statute'' and inserting 
        ``as authorized by title III of the Foreign Intelligence 
        Surveillance Act (50 U.S.C. 1821-1829) or Rule 41 of the 
        Federal Rules of Criminal Procedure or any other warrant issued 
        by a court of competent jurisdiction''.
    (c) Amendment to Title 18, United States Code.--Section 
2511(2)(a)(ii)(B) of title 18, United States Code, is amended by 
striking ``statutory requirements'' and inserting ``requirements under 
this chapter, chapters 121 and 206, and titles I and IV of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)''.

SEC. 9. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN WARTIME AND 
              OTHER COLLECTION.

    Sections 111, 309, and 404 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1811, 1829, and 1844) are amended by striking 
``Congress'' and inserting ``Congress or an authorization for the use 
of military force described in section 2(c)(2) of the War Powers 
Resolution (50 U.S.C. 1541(c)(2)) if such authorization contains a 
specific authorization for foreign intelligence collection under this 
section, or if the Congress is unable to convene because of an attack 
upon the United States''.

SEC. 10. AUDIT OF WARRANTLESS SURVEILLANCE PROGRAMS.

    (a) Audit.--Not later than 180 days after the date of the enactment 
of this Act, the Inspector General of the Department of Justice shall 
complete an audit of all programs of the Federal Government involving 
the acquisition of communications conducted without a court order on or 
after September 11, 2001, including the Terrorist Surveillance Program 
referred to by the President in a radio address on December 17, 2005. 
Such audit shall include acquiring all documents relevant to such 
programs, including memoranda concerning the legal authority of a 
program, authorizations of a program, certifications to 
telecommunications carriers, and court orders.
    (b) Report.--
            (1) In general.--Not later than 30 days after the 
        completion of the audit under subsection (a), the Inspector 
        General shall submit to the Permanent Select Committee on 
        Intelligence and the Committee on the Judiciary of the House of 
        Representatives and the Select Committee on Intelligence and 
        the Committee on the Judiciary of the Senate a report 
        containing the results of such audit, including all documents 
        acquired pursuant to conducting such audit.
            (2) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (c) Expedited Security Clearance.--The Director of National 
Intelligence shall ensure that the process for the investigation and 
adjudication of an application by the Inspector General or the 
appropriate staff of the Office of the Inspector General of the 
Department of Justice for a security clearance necessary for the 
conduct of the audit under subsection (a) is conducted as expeditiously 
as possible.

SEC. 11. RECORD-KEEPING SYSTEM ON ACQUISITION OF COMMUNICATIONS OF 
              UNITED STATES PERSONS.

    (a) Record-Keeping System.--The Director of National Intelligence 
and the Attorney General shall jointly develop and maintain a record-
keeping system that will keep track of--
            (1) the instances where the identity of a United States 
        person whose communications were acquired was disclosed by an 
        element of the intelligence community (as defined in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
        that collected the communications to other departments or 
        agencies of the United States; and
            (2) the departments and agencies of the Federal Government 
        and persons to whom such identity information was disclosed.
    (b) Report.--The Director of National Intelligence and the Attorney 
General shall annually submit to the Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate a report on the record-keeping 
system created under subsection (a), including the number of instances 
referred to in paragraph (1).

SEC. 12. AUTHORIZATION FOR INCREASED RESOURCES RELATING TO FOREIGN 
              INTELLIGENCE SURVEILLANCE.

    There are authorized to be appropriated the Department of Justice, 
for the activities of the Office of the Inspector General, the Office 
of Intelligence Policy and Review, and other appropriate elements of 
the National Security Division, and the National Security Agency such 
sums as may be necessary to meet the personnel and information 
technology demands to ensure the timely and efficient processing of--
            (1) applications and other submissions to the court 
        established under section 103(a) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803(a));
            (2) the audit and reporting requirements under--
                    (A) section 105D of such Act; and
                    (B) section 10; and
            (3) the record-keeping system and reporting requirements 
        under section 11.

SEC. 13. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF 
              APPLICATIONS FOR ORDERS APPROVING ELECTRONIC SURVEILLANCE 
              AND PHYSICAL SEARCH.

    (a) Office of Intelligence of the National Security Division.--
            (1) Additional personnel.--The Office of Intelligence of 
        the National Security Division of the Department of Justice is 
        hereby authorized such additional personnel as may be necessary 
        to carry out the prompt and timely preparation, modification, 
        and review of applications under Foreign Intelligence 
        Surveillance Act of 1978 for orders under that Act for foreign 
        intelligence purposes.
            (2) Assignment.--The Attorney General shall assign 
        personnel authorized by paragraph (1) to and among appropriate 
        offices of the intelligence community (as defined in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
        in order that such personnel may directly assist personnel of 
        the Intelligence Community in preparing applications described 
        in that paragraph and conduct prompt and effective oversight of 
        the activities of such agencies under Foreign Intelligence 
        Surveillance Court orders.
    (b) Director of National Intelligence.--
            (1) Additional legal and other personnel.--The Director of 
        National Intelligence is hereby authorized such additional 
        legal and other personnel as may be necessary to carry out the 
        prompt and timely preparation of applications under the Foreign 
        Intelligence Surveillance Act of 1978 for orders under that Act 
        approving electronic surveillance for foreign intelligence 
        purposes.
            (2) Assignment.--The Director of National Intelligence 
        shall assign personnel authorized by paragraph (1) to and among 
        the intelligence community (as defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4))), including 
        the field offices of the Federal Bureau of Investigation, in 
        order that such personnel may directly assist personnel of the 
        intelligence community in preparing applications described in 
        that paragraph.
    (c) Additional Legal and Other Personnel for Foreign Intelligence 
Surveillance Court.--There is hereby authorized for the court 
established under section 103(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803(a)) such additional staff 
personnel as may be necessary to facilitate the prompt and timely 
consideration by that court of applications under such Act for orders 
under such Act approving electronic surveillance for foreign 
intelligence purposes. Personnel authorized by this paragraph shall 
perform such duties relating to the consideration of such applications 
as that court shall direct.
    (d) Supplement Not Supplant.--The personnel authorized by this 
section are in addition to any other personnel authorized by law.

SEC. 14. DOCUMENT MANAGEMENT SYSTEM FOR APPLICATIONS FOR ORDERS 
              APPROVING ELECTRONIC SURVEILLANCE.

    (a) System Required.--The Attorney General shall, in consultation 
with the Director of National Intelligence and the Foreign Intelligence 
Surveillance Court, develop and implement a secure, classified document 
management system that permits the prompt preparation, modification, 
and review by appropriate personnel of the Department of Justice, the 
Federal Bureau of Investigation, the National Security Agency, and 
other applicable elements of the United States Government of 
applications under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1804) before their submission to the Foreign Intelligence 
Surveillance Court.
    (b) Scope of System.--The document management system required by 
subsection (a) shall--
            (1) permit and facilitate the prompt submittal of 
        applications to the Foreign Intelligence Surveillance Court 
        under the Foreign Intelligence Surveillance Act of 1978; and
            (2) permit and facilitate the prompt transmittal of rulings 
        of the Foreign Intelligence Surveillance Court to personnel 
        submitting applications described in paragraph (1), and provide 
        for the secure electronic storage and retrieval of all such 
        applications and related matters with the court and for their 
        secure transmission to the National Archives and Records 
        Administration.

SEC. 15. TRAINING OF INTELLIGENCE COMMUNITY PERSONNEL IN FOREIGN 
              INTELLIGENCE COLLECTION MATTERS.

    The Director of National Intelligence shall, in consultation with 
the Attorney General--
            (1) develop regulations to establish procedures for 
        conducting and seeking approval of electronic surveillance, 
        physical search, and the installation and use of pen registers 
        and trap and trace devices on an emergency basis, and for 
        preparing and properly submitting and receiving applications 
        and orders under the Foreign Intelligence Surveillance Act of 
        1978; and
            (2) prescribe related training on the Foreign Intelligence 
        Surveillance Act of 1978 and related legal matters for the 
        personnel of the applicable agencies of the intelligence 
        community (as defined in section 3(4) of the National Security 
        Act of 1947 (50 U.S.C. 401a(4))).

SEC. 16. INFORMATION FOR CONGRESS ON THE TERRORIST SURVEILLANCE PROGRAM 
              AND SIMILAR PROGRAMS.

    As soon as practicable after the date of the enactment of this Act, 
but not later than seven days after such date, the President shall 
fully inform each member of the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate on the following:
            (1) The Terrorist Surveillance Program of the National 
        Security Agency.
            (2) Any program in existence from September 11, 2001, until 
        the effective date of this Act that involves, whether in part 
        or in whole, the electronic surveillance of United States 
        persons in the United States for foreign intelligence or other 
        purposes, and which is conducted by any department, agency, or 
        other element of the United States Government, or by any entity 
        at the direction of a department, agency, or other element of 
        the United States Government, without fully complying with the 
        procedures set forth in the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801 et seq.) or chapter 119, 121, or 
        206 of title 18, United States Code.

SEC. 17. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents in the first section 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended by striking the items relating to sections 105A, 105B, 
and 105C and inserting the following new items:

``Sec. 105A. Clarification of electronic surveillance of non-United 
                            States persons outside the United States.
``Sec. 105B. Procedure for authorizing acquisitions of communications 
                            of non-United States persons located 
                            outside the United States.
``Sec. 105C. Emergency authorization of acquisitions of communications 
                            of non-United States persons located 
                            outside the United States.
``Sec. 105D. Oversight of acquisitions of communications of non-United 
                            States persons located outside of the 
                            United States.''.
    (b) Section 103(e) of FISA.--Section 103(e) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e)) is amended--
            (1) in paragraph (1), by striking ``105B(h) or''; and
            (2) in paragraph (2), by striking ``105B(h) or''.
    (c) Repeal of Certain Provisions of the Protect America Act of 
2007.--Sections 4 and 6 of the Protect America Act of 2007 (Public Law 
110-55) are hereby repealed.

SEC. 18. SUNSET; TRANSITION PROCEDURES.

    (a) Sunset of New Provisions.--
            (1) In general.--Except as provided in paragraph (2), 
        effective on December 31, 2009--
                    (A) sections 105A, 105B, 105C, and 105D of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.) are hereby repealed; and
                    (B) the table of contents in the first section of 
                such Act is amended by striking the items relating to 
                sections 105A, 105B, 105C, and 105D.
            (2) Acquisitions authorized prior to sunset.--Any 
        authorization or order issued under section 105B of the Foreign 
        Intelligence Surveillance Act of 1978, as amended by this Act, 
        in effect on December 31, 2009, shall continue in effect until 
        the date of the expiration of such authorization or order.
    (b) Acquisitions Authorized Prior to Enactment.--
            (1) Effect.--Notwithstanding the amendments made by this 
        Act, an authorization of the acquisition of foreign 
        intelligence information under section 105B of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
        made before the date of the enactment of this Act shall remain 
        in effect until the date of the expiration of such 
        authorization or the date that is 180 days after such date of 
        enactment, whichever is earlier.
            (2) Report.--Not later than 30 days after the date of the 
        expiration of all authorizations of acquisition of foreign 
        intelligence information under section 105B of the Foreign 
        Intelligence Surveillance Act of 1978 (as added by Public Law 
        110-55) made before the date of the enactment of this Act in 
        accordance with paragraph (1), the Director of National 
        Intelligence and the Attorney General shall submit to the 
        Permanent Select Committee on Intelligence and the Committee on 
        the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate a report on such authorizations, including--
                    (A) the number of targets of an acquisition under 
                section 105B of such Act (as in effect on the day 
                before the date of the enactment of this Act) that were 
                later determined to be located in the United States;
                    (B) the number of persons located in the United 
                States whose communications have been acquired under 
                such section;
                    (C) the number of reports disseminated containing 
                information on a United States person that was 
                collected under such section;
                    (D) the number of applications submitted for 
                approval of electronic surveillance under section 104 
                of such Act based upon information collected pursuant 
                to an acquisition authorized under section 105B of such 
                Act (as in effect on the day before the date of the 
                enactment of this Act); and
                    (E) a description of any incidents of non-
                compliance with an authorization under such section, 
                including incidents of non-compliance by--
                            (i) an element of the intelligence 
                        community with procedures referred to in 
                        subsection (a)(1) of such section;
                            (ii) an element of the intelligence 
                        community with minimization procedures referred 
                        to in subsection (a)(5) of such section; and
                            (iii) a person directed to provide 
                        information, facilities, or technical 
                        assistance under subsection (e) of such 
                        section.
            (3) Intelligence community defined.--In this subsection, 
        the term ``intelligence community'' has the meaning given the 
        term in section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 401a(4)).
                                                 Union Calendar No. 231

110th CONGRESS

  1st Session

                               H. R. 3773

                  [Report No. 110-373, Parts I and II]

_______________________________________________________________________

                                 A BILL

To amend the Foreign Intelligence Surveillance Act of 1978 to establish 
      a procedure for authorizing certain acquisitions of foreign 
                 intelligence, and for other purposes.

_______________________________________________________________________

                            October 12, 2007

     Reported from the Committee on the Judiciary with an amendment

                            October 12, 2007

 Reported from the Permanent Select Committee on Intelligence with an 
 amendment, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed