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1 1 (April 17, 2024)

handle is hein.crs/goveoys0001 and id is 1 raw text is: Congressional ______ FISA Section 702 Sunset, Authorization, and Potential Extension April 17, 2024 Title VII of the Foreign Intelligence Surveillance Act of 1978 (FISA)-as amended by the FISA Amendments Act of 2008 (FAA), FISA Amendments Act of 2017, and National Defense Authorization Act for Fiscal Year 2024 (NDAA FY2024)-will sunset on April 19, 2024. Title VII includes Section 702, which governs electronic surveillance targeting non-U.S. persons who are reasonably believed to be outside of the United States to obtain foreign intelligence information. This Legal Sidebar provides a short description of (1) Section 702, (2) applicable sunset and transition provisions, (3) the effects of the Foreign Intelligence Surveillance Court's (FISC's) recent authorization of government foreign intelligence acquisitions under Section 702, and (4) proposed legislation that would extend Section 702, including provisions that would modify querying procedures. FISA Section 702 Electronic surveillance under FISA traditionally requires the government to apply to the FISC for an order approving such surveillance against an authorized target for purposes of collecting foreign intelligence. That application generally must include information about, among other things, the identity of the target and the applicant's reasons for believing that the target is a foreign power or an agent of a foreign power. The application must also establish that the facilities at which surveillance will be directed are being used, or are about to be used, by a foreign power or agent of a foreign power. Section 702 offers an alternative to the traditional approach for acquiring foreign intelligence information when the target is a non-U.S. person reasonably believed to be outside the United States. The provision provides that the Attorney General (AG) and the Director of National Intelligence (DNI) may submit a joint certification to the FISC that includes targeting procedures, minimization procedures, and querying procedures that the government intends to use to govern the selection of targets and the retention, dissemination, use, and querying of collected information. Ifthe FISC finds that the joint certification meets the statutory requirements, then the AG and DNI may jointly authorize the acquisition of foreign intelligence information, pursuant to the court-approved procedures, for up to one year from the effective date of the FISC's authorizing order. Congressional Research Service https://crsreports.congress.gov LSB11148 CRS Legal Sidebar Prepared for Members and Committees of Congress

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