{
  "id": "RL34533",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL34533",
  "active": false,
  "source": "EveryCRSReport.com",
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    {
      "source": "EveryCRSReport.com",
      "id": 347068,
      "date": "2008-06-12",
      "retrieved": "2016-04-07T03:22:09.060596",
      "title": "The Foreign Intelligence Surveillance Act: Comparison of the Senate Amendment to H.R. 3773 and the House Amendment to the Senate Amendment to H.R. 3773",
      "summary": "During the 110th Congress, several House and Senate committees have engaged in oversight activities, including hearings and requests for expeditious production of documents and information regarding the Administration\u2019s warrantless foreign intelligence surveillance programs, as possible changes to the Foreign Intelligence Surveillance Act of 1978, as amended, (FISA) were explored. In July 2007, an unclassified summary of the National Intelligence Estimate on \u201cThe Terrorist Threat to the U.S. Homeland\u201d was released. It expressed the judgment, in part, that the U/S. Homeland will face a persistent and evolving threat over the next three years, the main threat coming from Islamic terrorist groups and cells, particularly Al Qaeda. On August 2, 2007, the Director of National Intelligence (DNI) released a statement on \u201cModernization of the Foreign Intelligence Surveillance Act.\u201d In his statement, Admiral McConnell viewed such modernization as necessary to respond to technological changes and to meet the Nation\u2019s current intelligence collection needs. He deemed it essential for the intelligence community to provide warning of threats to the United States. In his view, there were two critically needed changes: that a court order should not be required for gathering foreign intelligence from foreign targets located overseas; and that liability protection was needed for those who furnished aid to the government in carrying out its foreign intelligence collection efforts.\nBoth the House and the Senate have taken action on proposals to address these concerns, but the measures differ somewhat in content and approach. On November 15, 2007, the U.S. House of Representatives passed H.R. 3773, the RESTORE Act of 2007. On February 12, 2008, the Senate passed S. 2248, as amended, then struck all but the enacting clause of H.R. 3773, and inserted the text of S. 2248, as amended, in its stead. On March 14, 2008, the House passed an amendment to the Senate amendment to H.R. 3773. Both the House amendment and the Senate amendment include significant changes to FISA, including provisions on the acquisition of communications of non-U.S. persons and of U.S. persons abroad. The two bills take different approaches to some issues that have played a significant role in the ongoing debate. For example, the Senate amendment would provide retroactive immunity for electronic communications service providers who assisted the government in intelligence activities between September 11, 2001 and January 17, 2007. The House amendment would provide for presentation to a court, with certain safeguards, of evidence and arguments with respect to which state secrets privilege has been asserted in covered civil actions against such electronic communications service providers and other persons who furnished such aid to the government. The House bill also provides for an audit of the Terrorist Surveillance Program and any other wireless electronic surveillance programs, with reporting requirements, while the Senate bill does not. This report provides an overview, a review of legislative activity, and a detailed side-by-side comparison of the provisions of these two bills.",
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      "typeId": "REPORTS",
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}