S. Amdt. 5066 - To Stay Pending Cases Against Certain Telecommunications Companies and Provide That Such Companies May Not Seek Retroactive Immunity Until 90 Days After the Date the Final Report of the Inspectors General on the President's Surveillance Program is Submitted to Congress.

FISA Amendments Act of 2008

H.R. 6304 — 110^th Congress (2007–2008)

Summary

To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes. (by CRS)

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Title

To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.

Other Titles

• FISA Amendments Act of 2008
• Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
• FISA Amendments Act of 2008
• Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
• FISA Amendments Act of 2008
• Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
• FISA Amendments Act of 2008
• Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

Sponsor

Silvestre Reyes

Co-Sponsors

• Lamar Smith
• Peter Hoekstra

Subjects

• Intelligence activities
• Actions and defenses
• Administrative procedure
• Americans in foreign countries
• Appellate courts
• Appellate procedure
• Biological warfare
• Business
• Chemical warfare
• Congress
• Congress and foreign policy
• Congressional oversight
• Congressional reporting requirements
• Court records
• Courts of special jurisdiction
• Criminal investigation
• Criminal justice
• Department of Justice
• Director of National Intelligence
• Electronic surveillance
• Emergency management
• Evidence (Law)
• Executive departments
• Federal preemption
• Foreign agents
• Foreign policy
• Government information
• Government paperwork
• Governmental investigations
• Inspectors general
• Internet
• Judges
• Judicial review
• Jurisdiction
• Law
• Liability (Law)
• Nuclear nonproliferation
• Nuclear terrorism
• Nuclear weapons
• Politics and government
• Searches and seizures
• Security clearances
• State and local government
• Supreme Court
• Technology
• Telecommunication
• Telecommunication industry
• Terrorism
• Warrants (Law)
• Weapons of mass destruction
• Weapons systems

Related Bills

• H.Res. 1285 (110^th) : Providing for Consideration of the Bill (H.R. 6304) to Amend the Foreign Intelligence Surveillance Act of 1978 to Establish a Procedure for Authorizing Certain Acquisitions of Foreign Intelligence, and for Other Purposes.

Major Actions

Introduced	6/19/2008
Referred to Committee
Amendments (5 proposed)
Passed House	6/20/2008
Passed Senate	7/09/2008
Signed by President	7/10/2008

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	On Passage - House - H.R. 6304 FISA Amendments Act of 2008	6/20/2008	This bill PASSED the House 293 voted YES 129 voted NO 13 voted present/not voting
select this vote	Senate	On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to H.R. 6304)	6/25/2008	This motion PASSED the Senate 80 voted YES 15 voted NO 5 voted present/not voting
select this vote	Senate	Dodd Amdt. No. 5064	7/09/2008	This amendment DID NOT PASS the Senate 32 voted YES 66 voted NO 2 voted present/not voting
select this vote	Senate	Specter Amdt. No. 5059	7/09/2008	This amendment DID NOT PASS the Senate 37 voted YES 61 voted NO 2 voted present/not voting
currently selected	Senate	Bingaman Amdt. No. 5066	7/09/2008	This amendment DID NOT PASS the Senate 42 voted YES 56 voted NO 2 voted present/not voting
select this vote	Senate	Motion to Invoke Cloture on H.R. 6304	7/09/2008	This motion PASSED the Senate 72 voted YES 26 voted NO 2 voted present/not voting
select this vote	Senate	On Passage - Senate - H.R. 6304	7/09/2008	This bill PASSED the Senate 69 voted YES 28 voted NO 3 voted present/not voting

	Action	Date	Description
	Introduced	6/19/2008
		6/19/2008	Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
		6/19/2008	Referred to House Judiciary
		6/19/2008	Referred to House Intelligence (Permanent Select)
		6/19/2008	Rules Committee Resolution H. Res. 1285 Reported to House. Rule provides for consideration of H.R. 6304 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
	Put on a legislative calendar	6/20/2008	Received in the Senate. Read twice. Ordered Placed on Senate Legislative Calendar under General Orders. Calendar No. 827.
		6/20/2008	Rule H. Res. 1285 passed House.
		6/20/2008	Considered under the provisions of rule H. Res. 1285.
		6/20/2008	Rule provides for consideration of H.R. 6304 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
		6/20/2008	DEBATE - The House proceeded with one hour of debate on H.R. 6304.
select this vote	House Vote on Passage	6/20/2008	On Passage - House - H.R. 6304 FISA Amendments Act of 2008
		6/21/2008	The previous question was ordered without objection.
		6/23/2008	Motion to proceed to consideration of measure made in Senate.
		6/23/2008	Cloture motion on the motion to proceed to the measure presented in Senate.
select this vote	Vote	6/25/2008	On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to H.R. 6304)
		6/26/2008	Motion to proceed to measure considered in Senate.
		6/26/2008	Cloture motion on the measure presented in Senate.
		7/08/2008	Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent.
		7/08/2008	Measure laid before Senate by motion.
		7/08/2008	Amendment SA 5059 proposed by Senator Specter.
		7/08/2008	Amendment SA 5064 proposed by Senator Dodd.
		7/08/2008	Amendment SA 5066 proposed by Senator Bingaman.
		7/09/2008	Considered by Senate.
		7/09/2008	Message on Senate action sent to the House.
	Presented to President	7/09/2008	Cleared for White House.
	Presented to President	7/09/2008	Presented to President.
		7/09/2008	Proposed amendment SA 5059, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
		7/09/2008	Considered by Senate.
		7/09/2008	Proposed amendment SA 5066, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
		7/09/2008	Considered by Senate.
		7/09/2008	Considered by Senate.
select this vote	Vote	7/09/2008	Dodd Amdt. No. 5064
select this vote	Vote	7/09/2008	Specter Amdt. No. 5059
currently selected	Vote	7/09/2008	Bingaman Amdt. No. 5066
select this vote	Vote	7/09/2008	Motion to Invoke Cloture on H.R. 6304
select this vote	Senate Vote on Passage	7/09/2008	On Passage - Senate - H.R. 6304
	Signed	7/10/2008	Signed by President.
	Enacted	7/10/2008	Became Public Law No: 110-261.

	Number	Sponsor	Date Offered	Status
	S. Amdt. 5058	Cardin, Benjamin [D-MD]	June 25, 2008	Offered on June 24, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 5059	Specter, Arlen [D-PA]	June 25, 2008	Offered on June 24, 2008.
	To limit retroactive immunity for providing assistance to the United States to instances in which a Federal court determines the assistance was provided in connection with an intelligence activity that was constitutional. Show amendment details
	S. Amdt. 5060	Whitehouse, Sheldon [D-RI]	June 26, 2008	Offered on June 25, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 5064	Dodd, Christopher [D-CT]	June 26, 2008	Failed by roll call vote on July 8, 2008.
	To strike title II. Show amendment details
currently selected	S. Amdt. 5066	Bingaman, Jeff [D-NM]	July 7, 2008	Offered on July 7, 2008.
	To stay pending cases against certain telecommunications companies and provide that such companies may not seek retroactive immunity until 90 days after the date the final report of the Inspectors General on the President's Surveillance Program is submitted to Congress. Actions July 8, 2008, 12:00 am ET - Amendment SA 5066 proposed by Senator Bingaman. July 9, 2008, 12:00 am ET - Considered by Senate. July 9, 2008, 12:00 am ET - Proposed amendment SA 5066, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate. July 9, 2008, 12:39 pm ET - Bingaman Amdt. No. 5066 Full Text of this Amendment SA 5066. Mr. BINGAMAN (for himself and Mr. CASEY, and Mr. SPECTER) submitted an amendment intended to be proposed by him to the bill H.R. 6304, to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 88, strike line 23 and all that follows through page 90, line 15, and insert the following: ``(a) Requirement for Certification.-- ``(1) IN GENERAL.--Notwithstanding any other provision of law other than paragraph (2), a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that-- ``(A) any assistance by that person was provided pursuant to an order of the court established under section 103(a) directing such assistance; ``(B) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; ``(C) any assistance by that person was provided pursuant to a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 553), or 702(h) directing such assistance; ``(D) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was-- ``(i) in connection with an intelligence activity involving communications that was-- ``(I) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and ``(II) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and ``(ii) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was-- ``(I) authorized by the President; and ``(II) determined to be lawful; or ``(E) the person did not provide the alleged assistance. ``(2) LIMITATION ON IMPLEMENTATION.-- ``(A) IN GENERAL.--The Attorney General may not make a certification for any civil action described in paragraph (1)(D) until after the date described in subparagraph (C). ``(B) STAY OF CIVIL ACTIONS.--During the period beginning on the date of the enactment of the FISA Amendments Act of 2008 and ending on the date described in subparagraph (C), a civil action described in paragraph (1)(D) shall be stayed by the court in which the civil action is pending. ``(C) DATE DESCRIBED.--The date described in this subparagraph is the date that is 90 days after the final report described in section 301(c)(2) of the FISA Amendments Act of 2008 is submitted to the appropriate committees of Congress, as required by such section.''. (As printed in the Congressional Record for the Senate on Jul 7, 2008.)