FAS

CRS on “The Protect America Act”

08.29.07 | 1 min read | Text by Steven Aftergood

The controversial amendments to the Foreign Intelligence Surveillance Act (FISA) that were enacted under intense Administration pressure earlier this month are reviewed section-by-section in a new report (pdf) from the Congressional Research Service.

The legislation, dubbed the “Protect America Act of 2007,” removed legal impediments to the interception of foreign communications that pass through the United States. But it also redefined the terms of the FISA so as to permit increased surveillance of communications involving persons in the United States while curtailing judicial supervision.

The new CRS report offers a careful reading of each provision of the Act.

But instead of fully clarifying its impact, the report serves to highlight just how unclear and indeterminate the new law actually is.

Thus, one provision “could conceivably be interpreted” to apply to parties within the United States. Another provision “might be seen to be susceptible of two possible interpretations.” Still others “appear to” or “would seem to” or “may also” have one uncertain consequence or another.

In other words, the new law bears the hallmarks of its hasty, poorly considered origins.

The new CRS report may help to identify some of the questions that Congress will examine when it revisits the legislation next month.

A copy of the report was obtained by Secrecy News.

See “P.L. 110-55, the Protect America Act of 2007: Modifications to the Foreign Intelligence Surveillance Act,” August 23, 2007.

publications
See all publications
Emerging Technology
day one project
Issue Brief
Winning the Next Phase of the Chip War

Familiar semiconductor policy approaches – export controls and subsidies – are inadequate alone to prevent reliance on Chinese-made legacy chips. Washington and its allies will instead have to turn  to the old-fashioned, disruptive tools of trade defense in the face of a challenge of this scale.  

02.06.25 | 0 min read
read more
Environment
Press release
Position on the Wildfire Intelligence Collaboration and Coordination Act of 2025

The Wildfire Intelligence Center would bring together expertise at all levels of government to give our firefighters and first responders access to cutting-edge tools and the decision support they need to confront this growing crisis.

02.06.25 | 1 min read
read more
Clean Energy
Blog
Energy Dominance (Already) Starts at the DOE

DOE is already very well set up to pursue an energy dominance agenda for America. There’s simply no need to waste time conducting a large-scale agency reorganization.

02.05.25 | 7 min read
read more
Government Capacity
Press release
Federation of American Scientists and Environmental Policy Innovation Center Unveil Permitting Tech and Talent Policy Recommendations to Support Deployment of Crucial Energy, Environmental, and Infrastructure Projects

FAS today released permitting policy recommendations to improve talent and technology in the federal permitting process. These recommendations will address the sometimes years-long bottlenecks that prevent implementation of crucial projects, from energy to transportation.

02.05.25 | 4 min read
read more