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House Committee on the JudiciaryCrime, Terrorism, Homeland Security, and InvestigationsHouse Permanent Select Committee on IntelligenceIntroducedOctober 20th, 2009
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FISA Amendments Act of 2009
To amend the Foreign Intelligence Surveillance Act of 1978 to provide additional civil liberties protections, and for other purposes.
FISA Amendments Act of 2009 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to repeal title VIII (Protection of Persons Assisting the Government) of FISA. Requires a certification made by the Attorney General and the Director of National Intelligence under provisions of title VII of FISA (Additional Procedures Regarding Certain Persons Outside the United States) concerning authorizing the targeting of persons outside the United States other than U.S. persons to acquire foreign intelligence information to include a certification that the acquisition is limited to communications in which a party is an individual target reasonably believed to be outside the United States, and for which a significant purpose of the acquisition is to obtain foreign intelligence information. Prohibits the targeting of a person outside the United States when a significant purpose of the acquisition is to acquire the communications of a particular, known person reasonably believed to be within the United States, except in accordance with FISA title I (Electronic Surveillance). Prohibits receiving into evidence any information obtained in an acquisition against any U.S. person for which a deficiency in the procedures for acquiring such information is identified by the Foreign Intelligence Surveillance Court. Provides an exception if the government corrects any deficiencies so identified, at that time permitting use or disclosure under such minimization procedures as the Court shall establish for such purposes. Prohibits a communication from being acquired under FISA title VII if the government knows before or at the time of acquisition that the communication is to, or from, a person reasonably believed to be in the United States. Provides exceptions when there is reason to believe that: (1) the communication concerns international terrorist activities directed against the United States or activities in preparation therefor; (2) the target reasonably believed to be outside the United States is an agent of a foreign group engaged in international terrorism or activities in preparation therefor; or (3) the acquisition is necessary to prevent death or serious bodily harm. Requires the government to segregate a communication acquired under title VII to, or from, a person reasonably believed to be in the United States and there shall be no access to the communication, except in accordance with title I or provisions of this paragraph. Allows the access to, and use of, such acquisition for up to seven days if there are conditions similar to the above exceptions. Requires annual audits from the Inspectors General of the Department of Defense (DOD) and Department of Justice (DOJ) concerning implementation of, and compliance with, this paragraph.