[House Report 110-449]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-449

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 PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 3773) TO AMEND 
   THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO ESTABLISH A 
PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF FOREIGN INTELLIGENCE, 
                         AND FOR OTHER PURPOSES

                                _______
                                

 November 14, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 824]

    The Committee on Rules, having had under consideration 
House Resolution 824, by a record vote of 7 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for further consideration of H.R. 
3773, the ``RESTORE Act of 2007,'' under a closed rule. The 
rule provides for further consideration of the bill pursuant to 
House Resolution 746. House Resolution 746 waived all points of 
order against consideration of the bill except those arising 
under clause 9 or 10 of rule XXI. House Resolution 746 waived 
all points of order against provisions of the bill, as amended. 
This waiver did not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure).
    The rule provides that time for debate on the bill pursuant 
to House Resolution 746 shall be considered as expired. The 
bill, as amended, shall be debatable for one hour, with 30 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary and 
30 minutes equally divided and controlled by the chairman and 
ranking minority member of the Permanent Select Committee on 
Intelligence. The rule provides that the further amendment 
printed in the report of the Committee on Rules accompanying 
this resolution shall be considered as adopted. Pursuant to 
House Resolution 746, the rule provides one motion to recommit 
with or without instructions. Finally, pursuant to House 
Resolution 746, notwithstanding the operation of the previous 
question, the Chair may postpone further consideration of the 
bill to a time designated by the Speaker.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 397

    Date: November 14, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To grant an open rule.
    Results: Defeated 2-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Diaz-Balart--Yea; 
Hastings (WA)--Yea; Slaughter--Nay.

Rules Committee record vote No. 398

    Date: November 14, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Forbes (VA), #10, which 
addresses sections 3, 5, and 6 of the Administration's 
proposal, relating to the Attorney General's authorization for 
electronic surveillance.
    Results: Defeated 2-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch Nay; Castor--Nay; Arcuri--Nay; Diaz-Balart--Yea; 
Hastings (WA)--Yea; Slaughter--Nay.

Rules Committee record vote No. 399

    Date: November 14, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Lungren (CA), #7, which would 
strike the language requiring the Foreign Intelligence 
Surveillance Court (FISC), on a quarterly basis, to assess the 
Intelligence Community's compliance with minimization 
procedures.
    Results: Defeated 2-7.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Cardoza--
Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Diaz-Balart--Yea; 
Hastings (WA)--Yea; Slaughter--Nay.

Rules Committee record vote No. 400

    Date: November 14, 2007.
    Measure: H.R. 3773.
    Motion by: Mr. Hastings (FL).
    Summary of motion: To grant the rule.
    Results: Adopted 7-2.
    Vote by Members: Hastings (FL)--Yea; Matsui--Yea; Cardoza--
Yea; Welch--Yea; Castor--Yea; Arcuri--Yea; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Slaughter--Yea.

            SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED

    Clarifies that nothing in the Act or the amendments to the 
Act shall be construed to prohibit lawful surveillance 
necessary to: prevent Osama Bin Laden, al Qaeda, or any other 
terrorist organization from attacking the U.S., any U.S. 
person, or any ally of the U.S.; ensure the safety and security 
of our Armed Forces or other national security or intelligence 
personnel; protect the U.S., any U.S. person, or any U.S. ally 
from the threat of WMD or any other threats to national 
security. Clarifies that the RESTORE Act shall not be construed 
to prohibit surveillance of, or grant any rights to, 
undocumented aliens. NSA and other agencies can only 
disseminate U.S. person identifying information (e.g., the 
name, address, phone number of a U.S. person) to other 
government agencies if a Senior Executive determines that such 
dissemination is necessary to understand the value of the 
intelligence and to protect national security. Establishes 
criteria for the FISA Court to determine whether the ``reverse 
targeting'' guidelines sufficiently protect U.S. person 
communications intercepted by the NSA.

             TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  At the appropriate place in the bill insert the following new 
section:

SEC. __. SURVEILLANCE TO PROTECT THE UNITED STATES.

  This Act and the amendments made by this Act shall not be 
construed to prohibit the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4))) from conducting lawful surveillance that is necessary 
to--
          (1) prevent Osama Bin Laden, al Qaeda, or any other 
        terrorist or terrorist organization from attacking the 
        United States, any United States person, or any ally of 
        the United States;
          (2) ensure the safety and security of members of the 
        United States Armed Forces or any other officer or 
        employee of the Federal Government involved in 
        protecting the national security of the United States; 
        or
          (3) protect the United States, any United States 
        person, or any ally of the United States from threats 
        posed by weapons of mass destruction or other threats 
        to national security.
  In section 105B(b)(2) of the Foreign Intelligence 
Surveillance Act of 1978, as proposed to be amended by section 
3 of the bill, amend subparagraph (D) to read as follows:
                  ``(D)(i) 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; and
                  ``(ii) the criteria for determining if such a 
                significant purpose exists, which shall require 
                consideration of whether--
                          ``(I) the department or agency of the 
                        Federal Government conducting the 
                        acquisition has made an inquiry to 
                        another department or agency of the 
                        Federal Government to gather 
                        information on the specific United 
                        States person;
                          ``(II) the department or agency of 
                        the Federal Government conducting the 
                        acquisition has provided information 
                        that identifies the specific United 
                        States person to another department or 
                        agency of the Federal Government;
                          ``(III) the department or agency of 
                        the Federal Government conducting the 
                        acquisition determines that the 
                        specific United States person has been 
                        the subject of ongoing interest or 
                        repeated investigation by a department 
                        or agency of the Federal Government; 
                        and
                          ``(IV) the specific United States 
                        person is a natural person.''.
  In section 105B(d)(2) of the Foreign Intelligence 
Surveillance Act of 1978, as proposed to be amended by section 
3 of the bill, amend subparagraph (C) to read as follows:
                  ``(C)(i) 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; and
                  ``(ii) the criteria for determining if such a 
                significant purpose exists require 
                consideration of whether--
                          ``(I) the department or agency of the 
                        Federal Government conducting the 
                        acquisition has made an inquiry to 
                        another department or agency of the 
                        Federal Government to gather 
                        information on the specific United 
                        States person;
                          ``(II) the department or agency of 
                        the Federal Government conducting the 
                        acquisition has provided information 
                        that identifies the specific United 
                        States person to another department or 
                        agency of the Federal Government;
                          ``(III) the department or agency of 
                        the Federal Government conducting the 
                        acquisition determines that the 
                        specific United States person has been 
                        the subject of ongoing interest or 
                        repeated investigation by a department 
                        or agency of the Federal Government; 
                        and
                          ``(IV) the specific United States 
                        person is a natural person.''.
  In section 105B(e)(1)(D)(3) of the Foreign Intelligence 
Surveillance Act of 1978, as proposed to be amended by section 
3 of the bill, insert ``provide'' before ``a certification''.
  In section 105C(b)(1) of the Foreign Intelligence 
Surveillance Act of 1978, as proposed to be amended by section 
4 of the bill, amend subparagraph (H) to read as follows:
                  ``(H)(i) 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
                  ``(ii) the criteria for determining if such a 
                significant purpose exists require 
                consideration of whether--
                          ``(I) the department or agency of the 
                        Federal Government conducting the 
                        acquisition has made an inquiry to 
                        another department or agency of the 
                        Federal Government to gather 
                        information on the specific United 
                        States person;
                          ``(II) the department or agency of 
                        the Federal Government conducting the 
                        acquisition has provided information 
                        that identifies the specific United 
                        States person to another department or 
                        agency of the Federal Government;
                          ``(III) the department or agency of 
                        the Federal Government conducting the 
                        acquisition determines that the 
                        specific United States person has been 
                        the subject of ongoing interest or 
                        repeated investigation by a department 
                        or agency of the Federal Government; 
                        and
                          ``(IV) the specific United States 
                        person is a natural person.''.
  After section 5, insert the following new section:

SEC. 6. DISSEMINATION OF COMMUNICATIONS OF NON-UNITED STATES PERSONS 
                    LOCATED OUTSIDE OF THE UNITED STATES WHO MAY BE 
                    COMMUNICATING WITH PERSONS INSIDE THE UNITED 
                    STATES.

  The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by inserting after section 105D (as 
added by section 5) the following new section:

``DISSEMINATION OF COMMUNICATIONS OF NON-UNITED STATES PERSONS LOCATED 
  OUTSIDE OF THE UNITED STATES WHO MAY BE COMMUNICATING WITH PERSONS 
                        INSIDE THE UNITED STATES

  ``Sec. 105E.  The contents of communications collected under 
section 105B or section 105C, and intelligence reports based on 
such contents, shall not be disclosed or disseminated with 
information that identifies a United States person unless an 
officer or employee of the Federal Government whose rate of 
basic pay is not less than the minimum rate payable under 
section 5382 of title 5, United States Code (relating to rates 
of pay for the Senior Executive Service) determines that the 
identity of the United States person is necessary to--
          ``(1) understand the foreign intelligence collected 
        under section 105B or 105C or assess the importance of 
        such intelligence; and
          ``(2) protect the national security of the United 
        States, the citizens, employees, or officers of the 
        United States, or the members of the United States 
        Armed Forces.''.
  In section 12(a) in the matter preceding paragraph (1), 
strike ``the Department of Justice, for the activities of the 
Office of the Inspector General, the appropriate elements of 
the National Security Division, and the National Security 
Agency'' and insert ``to the Department of Justice, for the 
activities of the Office of the Inspector General and the 
appropriate elements of the National Security Division, and to 
the National Security Agency''.
  Strike section 18 and insert the following:

SEC. 18. NO RIGHTS UNDER THE RESTORE ACT FOR UNDOCUMENTED ALIENS.

  This Act and the amendments made by this Act shall not be 
construed to prohibit surveillance of, or grant any rights to, 
an alien not permitted to be in or remain in the United States.
  In the table of contents in the first section of the Foreign 
Intelligence Surveillance Act of 1978, as proposed to be 
amended by section 19(a) of the bill, after the item relating 
to section 105D insert the following new item:

``Sec. 105E. Dissemination of communications of non-United States 
          persons located outside of the United States who may be 
          communicating with persons inside the United States.''.

                                  
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