Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007

The Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007 (H.R. 3356) would have amended the Foreign Intelligence Surveillance Act of 2007.

Background
The Foreign Intelligence Surveillance Act (FISA) of 1978 "prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign power. Requests are adjudicated by a special eleven member court called the Foreign Intelligence Surveillance Court."

Summary
 The Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007 (H.R. 3356) would have amended the Foreign Intelligence Surveillance Act of 2007. According to Speaker of the House Nancy Pelosi (D-Calif.), it would done the following:


 * Foreign-to-Foreign Communications Passing Through the United States. The bill clarifies that no court order is required for foreign-to-foreign communications that pass through the United States.  This clarification is needed because some communications between foreign persons located overseas pass through routing stations here in the United States.


 * Surveillance of Individuals in the United States. The bill reiterates that individual warrants, based on probable cause, are required when surveillance is directed at individuals in the United States.


 * Submitting Procedures for International Surveillance to FISA Court for Approval. The bill requires the Attorney General to submit procedures for international surveillance to the Foreign Intelligence Surveillance Court for approval.  It authorizes the FISA Court to issue a “basket warrant” for individuals or foreign powers (including Al Qaeda) outside the United States based on a review of those procedures.  It does not require the FISA Court to make individual determinations about foreign surveillance.


 * Initial 15-Day Emergency Period. The bill provides for an initial 15-day emergency period so that international surveillance can begin while a “basket warrant” is submitted to the FISA Court.  It allows for up to two 15-day extensions while the Court rules.  It allows the Court to issue orders compelling cooperation by carriers during the emergency period.


 * Audits by Justice Department’s Inspector General. The bill requires the Inspector General in the Department of Justice to conduct an audit every 60 days of U.S. person communications that are intercepted under the “basket warrant” – and requires that the audit be provided to the FISA Court and the Congress.


 * Sunsetting in 120 Days. The bill sunsets in 120 days – giving the Congress more time in which to write a permanent statute making needed changes to the Foreign Intelligence Surveillance Act.

Fails in House
On August 3, 2007 the House voted on H.R. 3356. Under a motion to suspend the rules and vote on passage, the bill required a 2/3 majority to pass; however, only 50% of the House voted in favor and the bill failed.



Articles on related legislation

 * Protect America Act of 2007
 * Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

External resources
"Foreign Intelligence Surveillance Act", Federation of American Scientists Web site.