H.Res. 746: H.R. 3773 - RESTORE Act of 2007

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday October 16, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 223 - 196 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 221 - 199 on Wednesday October 17, 2007.

MANAGERS:  HASTINGS(FL)/HASTINGS(WA) 

110th Congress 
1st Session

H.RES. 746

[Report No. 110-385]

 

H.R. 3773 – RESTORE Act of 2007

  1. Closed rule.
  1. Provides 90 minutes of debate, with 60 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence.
  1. Waives all points of order against consideration of the bill except those arising under clauses 9 or 10 of rule XXI.
  1. Provides that in lieu of the amendments recommended by the Committee on the Judiciary and Permanent Select Committee on Intelligence now printed in the bill, the amendment in the nature of a substitute printed in part A of the Rules Committee report, modified by the amendment printed in part B of such report, shall be considered as adopted and the bill, as amended, shall be considered as read.
  1. Waives all points of order against provisions of the bill, as amended.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  1. Provides one motion to recommit with or without instructions.
  1. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

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RESOLUTION

            Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3773) to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  In lieu of the amendments recommended by the Committee on the Judiciary and the Permanent Select Committee on Intelligence now printed in the bill, the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution, modified by the amendment printed in part B of such report, shall be considered as adopted.  The bill, as amended, shall be considered as read.  All points of order against provisions of the bill, as amended, are waived.  The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour and 30 minutes of debate, with one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary and 30 minutes equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence; and (2) one motion to recommit with or without instructions.

            Sec. 2. During consideration of H.R. 3773 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

Summary of Amendment in Part A to be Considered as Adopted

The RESTORE Act would provide a new authority for the Executive Branch to conduct surveillance of persons reasonably believed to be located outside the .  This new authority allows the government to obtain a single order to authorize surveillance on multiple targets and provides for immediate surveillance in the event of an emergency.  It also includes several provisions to allow for independent oversight by the courts, the Congress and the Department of Justice Inspector General.  Additional sections of the Act provide resources to Department of Justice, NSA, and the FISA Court needed to assist in auditing these new authorities and to expedite the FISA applications process.  The RESTORE Act would also require the Department of Justice Inspector General to conduct an audit of the Administration’s warrantless surveillance programs – to include providing authorizations and legal memoranda to Congress.  It includes a sunset provision that would repeal the RESTORE Act by December 31, 2009.

TEXT OF PART A

Summary of Amendment in Part B to be Considered as Adopted

The amendment would clarify that no court order is required for surveillance where the sender and recipients are not known to be persons and reasonably believed to be located outside the .  It would also allow the FISA Court to issue temporary orders authorizing surveillance pending the appeal of an application under section 105B.  Further, it would require that any directive seeking the assistance of a communications service provider in conducting surveillance include a certification that the directive is in compliance with specific, relevant provisions of FISA.  It would extend the statute of limitations for the penalty provisions of FISA from five years to ten years.  Finally, it would clarify that the RESTORE Act does not confer any rights or privileges on non-United States persons.

TEXT OF PART B