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1 (January 8, 2018)

handle is hein.crs/crsmthmbdpt0001 and id is 1 raw text is: Congressional _______ SResearch Service Informing the Ieg~Iative debate since 1914 Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches Edward C. Liu Legislative Attorney January 8, 2018 UPDATE: The House Rules Committee has announced a meeting to consider H.R. 4478 on Tuesday, January 9, 2018 (as an amendment in the nature ofa substitute to S. 139). The text of the original post follows below. Title VII of the Foreign Intelligence Surveillance Act (FISA) is currently scheduled to sunset on January 19, 2018. Of the expiring provisions, Section 702, which authorizes programmatic surveillance of non- U.S. persons while they are outside of the United States, has received the greatest amount of attention, possibly because Section 702 provides the Attorney General (AG) and Director of National Intelligence (DNI) more leeway to authorize surveillance than other FISA provisions. Generally, before the AG and DNI may authorize electronic surveillance under Title VII, the Foreign Intelligence Surveillance Court (FISC) must issue an order finding, inter alia, that probable cause exists to believe that the target of the proposed surveillance is a foreign power or an agent of a foreign power. Pursuant to Section 702, however, the AG, in consultation with the DNI, develop targeting and minimization procedures to identify targets and acquire communications, which they submit to the FISC for approval. The AG and DNI also certify to the FISC that surveillance of a target will comply with Section 702, including the proposed targeting and minimization procedures. While Section 702 requires the FISC to issue orders on procedures and certifications within thirty days of their submission, Section 702 also permits the AG and DNI to determine that exigent circumstances necessitate their authorizing surveillance of non-U.S. persons located outside of the United States prior to the FISC approving the targeting and minimization procedures and certification. In addition, once the FISC approves the targeting and minimization procedures, elements of the U.S. intelligence community, such as the National Security Agency (NSA), may use those procedures to acquire the communications of non-U.S. persons who are Congressional Research Service 7-5700 www.crs.gov LSB10050 CRS Legal Sidebar Prepared for Members and Committees of Conaress

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