110-182 . The House of Representatives passed H.R. 3773 , the Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007, or the RESTORE Act of 2007, on November 15, 2007, while S. 2248 was reported out of the Senate Select Committee on Intelligence on October 26, 2007, and an amendment in the nature of a substitute to S. 2248 , the Foreign Intelligence Surveillance Amendments Act of 2007, or the FISA Amendments Act of 2007, was reported out of the Senate Judiciary Committee on November 16, 2007. After striking all but the enacting clause of H.R. 3773 and inserting the text of S. 2248 as amended, the Senate then passed H.R. On March 14, 2008, the House passed an amendment to the Senate amendment to H.R. 3773 . After intensive negotiations, a compromise bill, H.R. 6304 , was introduced in the House on June 19, 2008. The measure passed the House the following day. A cloture motion on the measure was presented in the Senate on June 26, 2008. Further activity on H.R. 6304 is anticipated after the Senate returns from the July 4 th recess. The current legislative and oversight activity with respect to electronic surveillance under FISA has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need identified by the Director of National Intelligence (DNI), Admiral Mike McConnell, for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. This report briefly examines these issues and sets them in context. Tension Between National Security and Civil Liberties

Two constitutional provisions, in particular, are implicated in this debate—the Fourth and First Amendments. Legislative Response: Foreign Intelligence Surveillance of Foreign Persons Abroad

On August 5, 2007, the Protect America Act of 2007 was enacted into law, P.L. P.L. 110-55 expired on February 16, 2008, after passage of a 15-day extension to its original sunset date.
The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This report briefly outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate—the Fourth and First Amendments. This report briefly examines these issues and sets them in context.
The 110th Congress has been very active in developing and considering measures to amend FISA to address these issues. On August 5, 2007, the Protect America Act, P.L. 110-55, was enacted into law. It expired on February 16, 2008, after passage of a 15-day extension to its original sunset date, P.L. 110-182. On November 15, 2007, the 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. After months of intensive negotiations, on June 19, 2008, a compromise bill, H.R. 6304, was introduced in the House. It was passed by the House the following day. On June 26, 2008, a cloture motion on the measure was presented in the Senate. Further activity on H.R. 6304 is anticipated after the Senate returns from the July 4th recess. Each of these bills differs somewhat in content and approach from one another. This report also briefly explores legislative responses to the issues addressed. It will be updated as needed.