6/19/2008--Introduced.
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, subject to specified requirements, including:
(1) prior certification to the Foreign Intelligence Surveillance Court (Court); and
(2) certain targeting and minimization procedures. Authorizes:
(1) the AG and DNI to direct an electronic communication service provider (provider) to provide the government with all necessary assistance to accomplish the acquisition of information from targeted persons; and
(2) the provider to challenge such a directive through the Court. Requires the AG and DNI to conduct semiannual assessments of compliance with targeting and minimization procedures. Provides Court jurisdiction for approving the targeting of a U.S. person located outside the United States when the acquisition is conducted within the United States. Allows the AG to authorize an emergency acquisition of such a target in certain circumstances, upon application within seven days for a Court order authorizing the surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) of a physical search. Authorizes:
(1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and
(2) concurrent authorizations of electronic surveillance and physical searches. Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of information acquisition requirements. States that, other than by express statutory authorization, FISA and the procedures of chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications), 121 (Stored Wire and Electronic Communications and Transactional Records Access), and 206 (Pen Registers and Trap and Trace Devices) of the federal criminal code shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted. Requires the AG to submit semiannually to the intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA, including any such orders issued during the five-year period before the enactment of this Act. Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within seven days (current law requires 48 hours) after the emergency installation and use. Authorizes the Court to sit en banc when:
(1) necessary to secure or maintain uniformity of Court decisions; or
(2) the proceeding involves a question of exceptional importance. Authorizes the acquisition of foreign intelligence information from an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction. Provides certain protections for entities (including a provider, custodian, or landlord) providing surveillance assistance at the request of the AG or the intelligence community. Requires the review of surveillance actions conducted during the period beginning on September 11, 2001, and ending on January 17, 2007.
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