Protect America Act of 2007
Latest action (5 Aug 2007): Signed by President.
What this bill does
S. 1927, the Protect America Act of 2007, amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to change how the government collects foreign intelligence information involving people located outside the United States. It clarifies that surveillance directed at a person reasonably believed to be outside the U.S. is not "electronic surveillance" under FISA's existing definition, and it creates a new procedure allowing the Director of National Intelligence and the Attorney General to authorize such acquisitions for up to one year through written certification, without identifying specific facilities or targets in advance. It sets out rules for compelling communications providers to assist, compensating them, allowing them to challenge directives in court, and shielding them from lawsuits for compliance. It also requires the government's procedures to be submitted for review by the FISA court and requires periodic reports to congressional intelligence and judiciary committees.
The law primarily affects U.S. intelligence agencies, the Attorney General, the FISA court system, and communications service providers who may be directed to assist with surveillance. It does not apply to surveillance targeting people inside the United States, which remains governed by existing FISA procedures.
The bill was introduced August 1, 2007, by Senator Mitch McConnell and was signed into law by the President on August 5, 2007. Under its own terms, most of its provisions were set to expire (sunset) 180 days after enactment, though authorizations and directives already in effect at that time would remain valid until their expiration.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
(This measure has not been amended since it was passed by the Senate on August 3, 2007. The summary of that version is repeated here.)
Protect America Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to state that nothing under its definition of "electronic surveillance" shall be construed to encompass surveillance directed at a person reasonably believed to be located outside the United States.
Allows the Director of National Intelligence (DNI) and the Attorney General (AG), for periods up to one year, to authorize the acquisition of foreign intelligence information concerning persons outside the United States if the DNI and AG determine that: (1) there are reasonable procedures in place for determining that such acquisition concerns persons outside the United States, and such procedures will be subject to review by the Foreign Intelligence Surveillance Court (Court); (2) the acquisition does not constitute electronic surveillance; (3) the acquisition involves obtaining foreign intelligence information from or with the assistance of a communication service provider or other person who has access to communications; (4) a significant purpose of the acquisition is to obtain foreign intelligence information; and (5) the minimization procedures (procedures to ensure the smallest level of privacy intrusion while obtaining such information) to be used meet the definition of minimization procedures under FISA. Requires such determination to be certified and submitted to the Court.
Requires the AG to report to: (1) the Court the procedures by which the government determines that such acquisitions do not constitute electronic surveillance; and (2) the congressional intelligence and judiciary committees semiannually concerning acquisitions made during the previous six-month period.
Terminates this Act 180 days after its enactment. Makes authorizations for the acquisition of information made by this Act, and directives issued pursuant to such authorizations, effective until their expiration.
Timeline
5 Aug 2007
Signed by President.
4 Aug 2007
On passage Passed by the Yeas and Nays: 227 - 183 (Roll no. 836).
3 Aug 2007
Passed Senate with an amendment by Yea-Nay Vote. 60 - 28. Record Vote Number: 309.
Common questions
- What does S. 1927 do?
- S. 1927, the Protect America Act of 2007, amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to change how the government collects foreign intelligence information involving people located outside the United States. It clarifies that surveillance directed at a person reasonably believed to be outside the U.S. is not "electronic surveillance" under FISA's existing definition, and it creates a new procedure allowing the Director of National Intelligence and the Attorney General to authorize such acquisitions for up to one year through written certification, without identifying specific facilities or targets in advance. It sets out rules for compelling communications providers to assist, compensating them, allowing them to challenge directives in court, and shielding them from lawsuits for compliance. It also requires the government's procedures to be submitted for review by the FISA court and requires periodic reports to congressional intelligence and judiciary committees. The law primarily affects U.S. intelligence agencies, the Attorney General, the FISA court system, and communications service providers who may be directed to assist with surveillance. It does not apply to surveillance targeting people inside the United States, which remains governed by existing FISA procedures. The bill was introduced August 1, 2007, by Senator Mitch McConnell and was signed into law by the President on August 5, 2007. Under its own terms, most of its provisions were set to expire (sunset) 180 days after enactment, though authorizations and directives already in effect at that time would remain valid until their expiration.
- Has S. 1927 become law?
- Yes. S. 1927 has been enacted. Status last updated 5 Aug 2007.
- Who sponsored S. 1927?
- S. 1927 was sponsored by Sen. Mitch McConnell [R-KY] (Republican-KY), with 1 cosponsor.
- What's the latest action on S. 1927?
- Signed by President. (5 Aug 2007).
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