	Introduction

In response to concerns raised by the Director of National Intelligence, Admiral Mike McConnell, that the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. §§ 1801 et seq ., required modernization to meet the current intelligence needs of the nation, a number of bills were introduced in the Senate and the House of Representatives. Intense legislative activity with respect to proposed amendments to FISA in both bodies resulted in the enactment of the Protect America Act of 2007, P.L. 110-55 on August 5, 2007. The measure was introduced as S. 1927 by Senator McConnell, for himself and Senator Bond, on August 1, 2007. The bill was considered in the Senate on August 3, in conjunction with S. 2011 , entitled The Protect America Act of 2007, introduced by Senator Levin, for himself and Senator Rockefeller. 5104 , a 15-day extension to the sunset for the Protect America Act, to allow further time to consider, pass, and go to conference on proposed legislation to amend FISA, while ensuring that the intelligence community would have the authority it needed in the intervening period. The President signed the measure into law on January 31, 2008, as P.L. Bills have been introduced in the Senate to extend the sunset from 180 to 210 days ( S. 2541 , S. 2556 , and S. 2615 ), or to extend it to July 1, 2009 ( S. 2557 ). This report discusses the provisions of P.L. 110-55 , states:
Nothing in the definition of electronic surveillance under section 101(f) shall be construed to encompass surveillance directed at a person reasonably believed to be located outside of the United States. Under these criteria, the Attorney General and the DNI must certify that:
(1) there are reasonable procedures in place for determining that the acquisition of foreign intelligence information under this section concerns persons reasonably believed to be located outside the United States, and such procedures will be subject to review of the Court pursuant to section 105C of this Act;
(2) the acquisition does not constitute electronic surveillance;
(3) the acquisition involves obtaining the foreign intelligence information from or with the assistance of a communications service provider, custodian, or other person (including any officer, employee, agent, or other specified person of such service provider, custodian, or other person) who has access to communications, 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;
(4) a significant purpose of the acquisition is to obtain foreign intelligence information; and
(5) the minimization procedures to be used with respect to such acquisition activity meet the definition of minimization procedures under section 101(h). P.L. The government or any recipient of the directive may seek review of the decision of the Court of Review by petition for a writ of certiorari to the U.S. Supreme Court. Any order issued by the FISC under subsection 105C(c) may be appealed by the government to the Foreign Intelligence Surveillance Court of Review. If treated instead as acquisitions under new section 105B of FISA, then the FISC would seem to be limited to reviewing, under a clearly erroneous standard, the general procedures under which the Director of National Intelligence (DNI) and the Attorney General would make determinations that acquisitions did not constitute electronic surveillance; and judges of the FISC petition review pool would have jurisdiction to consider petitions challenging the legality of directives to persons to furnish aid to the government to accomplish those acquisitions. 110-55 . 110-55 . On January 29, 2008, both the House and the Senate passed H.R. It was signed into law on January 31, 2008, as P.L. 110-182 . On February 13, 2008, the House rejected H.R. 5349 , which would have extended the sunset provision for an additional 21 days.
On August 5, 2007, P.L. 110-55, the Protect America Act of 2007, was signed into law by President Bush, after having been passed by the Senate on August 3 and the House of Representatives on August 4. The measure, introduced by Senator McConnell as S. 1927 on August 1, makes a number of additions and modifications to the Foreign Intelligence Surveillance Act of 1978 (FISA), as amended, 50 U.S.C. §§ 1801 et seq., and adds additional reporting requirements. As originally passed, the law was to sunset in 180 days, on February 1, 2008. On January 29, 2008, both the House and the Senate passed H.R. 5104, a 15-day extension to the sunset for the Protect America Act, to allow further time to consider, pass, and go to conference on proposed legislation to amend FISA, while ensuring that the intelligence community would have the authority it needed in the intervening period. Signed into law on January 31, it became P.L. 110-182. On February 13, 2008, the House rejected H.R. 5349, which would have extended the sunset provision an additional 21 days. Bills have been introduced in the Senate to extend the sunset from 180 to 210 days (S. 2541, S. 2556, and S. 2615) or to extend it to July 1, 2009 (S. 2557).
The Foreign Intelligence Surveillance Act of 1978 was enacted in response both to the Committee to Study Government Operations with Respect to Intelligence Activities (Church Committee) revelations with regard to past abuses of electronic surveillance for national security purposes and to the somewhat uncertain state of the law on the subject. In creating a statutory framework for the use of electronic surveillance to obtain foreign intelligence information, the Congress sought to strike a balance between national security interests and civil liberties. Critical to an understanding of the FISA structure are its definitions of terms such as "electronic surveillance" and "foreign intelligence information." P.L. 110-55 limits the construction of the term "electronic surveillance" so that it does not cover surveillance directed at a person reasonably believed to be located outside the United States. It also creates a mechanism for acquisition, without a court order under a certification by the Director of National Intelligence (DNI) and the Attorney General, of foreign intelligence information concerning a person reasonably believed to be outside the United States. The Protect America Act provides for review by the Foreign Intelligence Surveillance Court (FISC) of the procedures by which the DNI and the Attorney General determine that such acquisitions do not constitute electronic surveillance. In addition, P.L. 110-55 authorizes the Attorney General and the DNI to direct a person with access to the communications involved to furnish aid to the government to facilitate such acquisitions, and provides a means by which the legality of such a directive may be reviewed by the FISC petition review pool. A decision by a judge of the FISC petition review pool may be appealed to the Foreign Intelligence Surveillance Court of Review, and review by the U.S. Supreme Court may be sought by petition for writ of certiorari. This report describes the provisions of P.L. 110-55, discusses its possible impact on and parallels to existing law, summarizes the legislative activity with respect to S. 1927, H.R. 3356, and S. 2011, and touches on recent legislative developments. It will be updated as needed.