S. Amdt. 3919 - To Provide for the Review of Certifications by the Foreign Intelligence Surveillance Court.

FISA Amendments Act of 2007

S. 2248 — 110^th Congress (2007–2008)

Summary

An original bill to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes. (by CRS)

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Title

An original bill to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes.

Other Titles

• FISA Amendments Act of 2007
• Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007
• FISA Amendments Act of 2008
• Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

Sponsor

John Rockefeller

Co-Sponsors

Subjects

• Intelligence activities
• Actions and defenses
• Armed forces
• Business
• Congress
• Congressional oversight
• Congressional reporting requirements
• Courts of special jurisdiction
• Criminal investigation
• Criminal justice
• Defense policy
• Electronic surveillance
• Federal preemption
• Foreign agents
• Foreign policy
• Governmental investigations
• International affairs
• Internet
• Judicial review
• Law
• Liability (Law)
• Nuclear nonproliferation
• Searches and seizures
• State and local government
• State laws
• Supreme Court
• Technology
• Telecommunication
• Telecommunication industry
• Terrorism
• Warrants (Law)
• Weapons of mass destruction
• Weapons systems

Related Bills

• H.R. 3773 (110^th) : FISA Amendments Act of 2008
• H.R. 3773 (110^th) : FISA Amendments Act of 2008
• H.R. 3773 (110^th) : FISA Amendments Act of 2008
• H.R. 3773 (110^th) : FISA Amendments Act of 2008
• H.R. 5440 (110^th) : FISA Amendments Act of 2008
• S. 2440 (110^th) : A Bill to Amend the Foreign Intelligence Surveillance Act of 1978, to Modernize and Streamline the Provisions of That Act, and for Other Purposes.
• S. 2441 (110^th) : FISA Amendments Act of 2007

Major Actions

Introduced	10/26/2007
Referred to Committee
Amendments (69 proposed)
Passed Senate	2/12/2008

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	Senate	Motion to Invoke Cloture on the Motion to Proceed to Consider S. 2248	12/17/2007	This motion PASSED the Senate 76 voted YES 10 voted NO 14 voted present/not voting
select this vote	Senate	On the Motion to Table (Motion to Table Committee on the Judiciary Reported Substitute Amendment, as Modified, to S.2248)	1/24/2008	This motion PASSED the Senate 60 voted YES 36 voted NO 4 voted present/not voting
select this vote	Senate	Motion to Invoke Cloture on Amdt. No. 3911 to S. 2248	1/28/2008	This amendment DID NOT PASS the Senate 48 voted YES 45 voted NO 7 voted present/not voting
select this vote	Senate	Motion to Invoke Cloture on Amdt. No. 3918 to S. 2248	1/28/2008	This amendment DID NOT PASS the Senate 48 voted YES 45 voted NO 7 voted present/not voting
select this vote	Senate	Amendment SA 3909 as modified agreed to in Senate by Unanimous Consent.	1/31/2008	PASSED by voice vote
select this vote	Senate	Amendment SA 3932 as modified agreed to in Senate by Unanimous Consent.	1/31/2008	PASSED by voice vote
select this vote	Senate	Amendment SA 3945 agreed to in Senate by Unanimous Consent.	1/31/2008	PASSED by voice vote
select this vote	Senate	Amendment SA 3960 as modified agreed to in Senate by Unanimous Consent.	1/31/2008	PASSED by voice vote
select this vote	Senate	Cardin Amdt No. 3930	2/06/2008	This amendment DID NOT PASS the Senate 49 voted YES 46 voted NO 5 voted present/not voting
select this vote	Senate	Amendment SA 3941 as modified agreed to in Senate by Voice Vote.	2/07/2008	PASSED by voice vote
select this vote	Senate	Feingold Amdt. No. 3915	2/07/2008	This amendment DID NOT PASS the Senate 40 voted YES 56 voted NO 4 voted present/not voting
select this vote	Senate	Feingold Amdt. No. 3913	2/07/2008	This amendment DID NOT PASS the Senate 38 voted YES 57 voted NO 5 voted present/not voting
select this vote	Senate	Amendment SA 3911 agreed to in Senate by Unanimous Consent.	2/12/2008	PASSED by voice vote
select this vote	Senate	Amendment SA 3920 as modified agreed to in Senate by Voice Vote.	2/12/2008	PASSED by voice vote
select this vote	Senate	Amendment SA 3938 as modified agreed to in Senate by Voice Vote.	2/12/2008	PASSED by voice vote
select this vote	Senate	Amendment SA 4018 agreed to in Senate by Unanimous Consent.	2/12/2008	PASSED by voice vote
select this vote	Senate	Feinstein Amdt. No. 3910	2/12/2008	This amendment DID NOT PASS the Senate 57 voted YES 41 voted NO 2 voted present/not voting
select this vote	Senate	Feingold Amdt. No. 3979	2/12/2008	This amendment DID NOT PASS the Senate 35 voted YES 63 voted NO 2 voted present/not voting
select this vote	Senate	Dodd Amdt. No. 3907	2/12/2008	This amendment DID NOT PASS the Senate 31 voted YES 67 voted NO 2 voted present/not voting
select this vote	Senate	Feingold Amdt. No. 3912	2/12/2008	This amendment DID NOT PASS the Senate 37 voted YES 60 voted NO 3 voted present/not voting
select this vote	Senate	Specter Amdt. No. 3927	2/12/2008	This amendment DID NOT PASS the Senate 30 voted YES 68 voted NO 2 voted present/not voting
currently selected	Senate	Feinstein Amdt. No. 3919	2/12/2008	This amendment DID NOT PASS the Senate 41 voted YES 57 voted NO 2 voted present/not voting
select this vote	Senate	Motion to Invoke Cloture Re. S. 2248	2/12/2008	This motion PASSED the Senate 69 voted YES 29 voted NO 2 voted present/not voting
select this vote	Senate	On Passage - Senate - S.2248 as Amended	2/12/2008	This bill PASSED the Senate 68 voted YES 29 voted NO 3 voted present/not voting

	Action	Date	Description
	Introduced	10/26/2007
		10/26/2007	Select Committee on Intelligence. Original measure reported to Senate by Senator Rockefeller. With written report No. 110-209. Additional and Minority views filed.
	Put on a legislative calendar	10/26/2007	Placed on Senate Legislative Calendar under General Orders. Calendar No. 453.
		10/31/2007	Committee on the Judiciary. Hearings held.
		11/01/2007	Referred to the Committee on the Judiciary pursuant to section 3(b) of S.Res. 400, 94th Congres, as amended by S.Res. 445, 108th Congress, for a period not to exceed 10 days of session.
	Put on a legislative calendar	11/15/2007	Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
		11/16/2007	Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
	Put on a legislative calendar	11/16/2007	Placed on Senate Legislative Calendar under General Orders. Calendar No. 512.
	Put on a legislative calendar	11/16/2007	Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
		12/14/2007	Motion to proceed to consideration of measure made in Senate.
		12/14/2007	Cloture motion on the motion to proceed to the measure presented in Senate.
		12/14/2007	Motion to proceed to consideration of measure withdrawn in Senate.
		12/17/2007	Motion to proceed to measure considered in Senate.
		12/17/2007	Measure laid before Senate by motion.
select this vote	Vote	12/17/2007	Motion to Invoke Cloture on the Motion to Proceed to Consider S. 2248
		1/22/2008	By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-258. Additional and Minority views filed.
		1/23/2008	Considered by Senate.
		1/23/2008	The committee substitute was modified by Unanimous Consent.
		1/24/2008	Considered by Senate.
		1/24/2008	Amendment SA 3909 proposed by Senator Feingold to Amendment SA 3911.
		1/24/2008	Cloture motion on amendment SA 3911 presented in Senate.
		1/24/2008	Amendment SA 3916 proposed by Senator Bond to Amendment SA 3909.
		1/24/2008	Cloture motion on amendment SA 3918 presented in Senate.
		1/24/2008	Amendment SA 3911 proposed by Senator Rockefeller.
		1/24/2008	Amendment SA 3918 proposed by Senator Reid to language proposed to be stricken by amendment no. 3911. (consideration: CR S302; text: S302)
select this vote	Vote	1/24/2008	On the Motion to Table (Motion to Table Committee on the Judiciary Reported Substitute Amendment, as Modified, to S.2248)
		1/25/2008	Considered by Senate.
		1/25/2008	Considered by Senate.
		1/25/2008	Considered by Senate.
		1/25/2008	Considered by Senate.
		1/25/2008	Considered by Senate.
		1/28/2008	Considered by Senate.
		1/28/2008	Considered by Senate.
		1/28/2008	Considered by Senate.
		1/28/2008	Considered by Senate.
		1/28/2008	Considered by Senate.
select this vote	Vote	1/28/2008	Motion to Invoke Cloture on Amdt. No. 3911 to S. 2248
select this vote	Vote	1/28/2008	Motion to Invoke Cloture on Amdt. No. 3918 to S. 2248
		1/31/2008	Considered by Senate.
		1/31/2008	Considered by Senate.
select this vote	Vote	1/31/2008	Amendment SA 3909 as modified agreed to in Senate by Unanimous Consent.
		1/31/2008	Considered by Senate.
		1/31/2008	Considered by Senate.
		1/31/2008	Proposed amendment SA 3916 withdrawn in Senate.
		1/31/2008	Considered by Senate.
		1/31/2008	Proposed amendment SA 3918 withdrawn in Senate.
		1/31/2008	Amendment SA 3932 proposed by Senator Reid for Senator Whitehouse to Amendment SA 3911.
select this vote	Vote	1/31/2008	Amendment SA 3932 as modified agreed to in Senate by Unanimous Consent.
		1/31/2008	Amendment SA 3945 proposed by Senator Reid for Senator Bond to Amendment SA 3911.
select this vote	Vote	1/31/2008	Amendment SA 3945 agreed to in Senate by Unanimous Consent.
		1/31/2008	Amendment SA 3960 proposed by Senator Reid for Senator Kennedy to Amendment SA 3911.
select this vote	Vote	1/31/2008	Amendment SA 3960 as modified agreed to in Senate by Unanimous Consent.
		2/04/2008	Considered by Senate. (CR S564-575, S575-580)
		2/04/2008	Considered by Senate.
		2/04/2008	Amendment SA 3915 proposed by Senator Feingold to Amendment SA 3911.
		2/04/2008	Amendment SA 3920 proposed by Senator Whitehouse to Amendment SA 3911.
		2/04/2008	Amendment SA 3930 proposed by Senator Cardin to Amendment SA 3911.
		2/04/2008	Amendment SA 3979 proposed by Senator Feingold to Amendment SA 3911.
		2/05/2008	Considered by Senate.
		2/05/2008	Amendment SA 3907 proposed by Senator Dodd to Amendment SA 3911.
		2/05/2008	Considered by Senate.
		2/05/2008	Amendment SA 3912 proposed by Senator Feingold to Amendment SA 3911.
		2/05/2008	Amendment SA 3913 proposed by Senator Feingold to Amendment SA 3911.
		2/05/2008	Considered by Senate.
		2/05/2008	Considered by Senate.
		2/05/2008	Considered by Senate.
		2/05/2008	Amendment SA 3938 proposed by Senator Bond to Amendment SA 3911.
		2/05/2008	Amendment SA 3941 proposed by Senator Bond to Amendment SA 3911.
		2/05/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Amendment SA 3910 proposed by Senator Feinstein to Amendment SA 3911.
		2/06/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Amendment SA 3919 proposed by Senator Feinstein to Amendment SA 3911.
		2/06/2008	Considered by Senate.
		2/06/2008	Amendment SA 3927 proposed by Senator Specter to Amendment SA 3911.
		2/06/2008	Proposed amendment SA 3930, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
		2/06/2008	Considered by Senate.
select this vote	Vote	2/06/2008	Cardin Amdt No. 3930
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
		2/07/2008	Considered by Senate.
select this vote	Vote	2/07/2008	Amendment SA 3941 as modified agreed to in Senate by Voice Vote.
		2/07/2008	Considered by Senate.
select this vote	Vote	2/07/2008	Feingold Amdt. No. 3915
select this vote	Vote	2/07/2008	Feingold Amdt. No. 3913
		2/08/2008	Considered by Senate.
		2/08/2008	Cloture motion on the bill presented in Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/08/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/11/2008	Considered by Senate.
		2/12/2008	Considered by Senate.
		2/12/2008	The bill was read the third time.
		2/12/2008	Senate incorporated this measure in H.R.3773 as an amendment.
		2/12/2008	Senate vitiated previous passage.
		2/12/2008	Returned to the Calendar. Calendar No. 512.
		2/12/2008	See also H.R.3773.
		2/12/2008	Considered by Senate.
		2/12/2008	Proposed amendment SA 3910, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
		2/12/2008	Considered by Senate.
select this vote	Vote	2/12/2008	Amendment SA 3911 agreed to in Senate by Unanimous Consent.
		2/12/2008	Considered by Senate.
		2/12/2008	Proposed amendment SA 3919, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
		2/12/2008	Considered by Senate.
select this vote	Vote	2/12/2008	Amendment SA 3920 as modified agreed to in Senate by Voice Vote.
		2/12/2008	Considered by Senate.
		2/12/2008	Considered by Senate.
select this vote	Vote	2/12/2008	Amendment SA 3938 as modified agreed to in Senate by Voice Vote.
		2/12/2008	Considered by Senate.
		2/12/2008	Amendment SA 4018 proposed by Senator Rockefeller to Amendment SA 3911.
select this vote	Vote	2/12/2008	Amendment SA 4018 agreed to in Senate by Unanimous Consent.
		2/12/2008	Considered by Senate.
		2/12/2008	Considered by Senate.
select this vote	Vote	2/12/2008	Feinstein Amdt. No. 3910
select this vote	Vote	2/12/2008	Feingold Amdt. No. 3979
select this vote	Vote	2/12/2008	Dodd Amdt. No. 3907
select this vote	Vote	2/12/2008	Feingold Amdt. No. 3912
select this vote	Vote	2/12/2008	Specter Amdt. No. 3927
currently selected	Vote	2/12/2008	Feinstein Amdt. No. 3919
select this vote	Vote	2/12/2008	Motion to Invoke Cloture Re. S. 2248
select this vote	Senate Vote on Passage	2/12/2008	On Passage - Senate - S.2248 as Amended

	Number	Sponsor	Date Offered	Status
	S. Amdt. 3857	Feinstein, Dianne [D-CA]	December 17, 2007	Offered on December 16, 2007.
	Amendment information not available. Show amendment details
	S. Amdt. 3858	Feinstein, Dianne [D-CA]	December 17, 2007	Offered on December 16, 2007.
	Amendment information not available. Show amendment details
	S. Amdt. 3859	Cardin, Benjamin [D-MD]	December 17, 2007	Offered on December 16, 2007.
	Amendment information not available. Show amendment details
	S. Amdt. 3862	Leahy, Patrick [D-VT]	December 17, 2007	Offered on December 16, 2007.
	Amendment information not available. Show amendment details
	S. Amdt. 3863	Kennedy, Edward [D-MA]	December 17, 2007	Offered on December 16, 2007.
	Amendment information not available. Show amendment details
	S. Amdt. 3866	Schumer, Charles [D-NY]	December 17, 2007	Offered on December 16, 2007.
	Amendment information not available. Show amendment details
	S. Amdt. 3901	Kennedy, Edward [D-MA]	January 23, 2008	Offered on January 22, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3902	Kyl, Jon [R-AZ]	January 23, 2008	Offered on January 22, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3903	Kyl, Jon [R-AZ]	January 23, 2008	Offered on January 22, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3905	Specter, Arlen [D-PA]	January 23, 2008	Offered on January 22, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3907	Dodd, Christopher [D-CT]	January 24, 2008	Failed by roll call vote on February 11, 2008.
	To strike the provisions providing immunity from civil liability to electronic communication service providers for certain assistance provided to the Government. Show amendment details
	S. Amdt. 3908	Whitehouse, Sheldon [D-RI]	January 24, 2008	Offered on January 23, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3909	Feingold, Russell [D-WI]	January 24, 2008	Passed by voice vote on January 30, 2008.
	To require that certain records be submitted to Congress. Show amendment details
select this vote	S. Amdt. 3910	Feinstein, Dianne [D-CA]	January 24, 2008	Offered on January 23, 2008.
	To provide a statement of the exclusive means by which electronic surveillance and interception of certain communications may be conducted. Show amendment details
select this vote	S. Amdt. 3911	Rockefeller, John [D-WV]	January 24, 2008	Passed by voice vote on February 11, 2008.
	In the nature of a substitute. Show amendment details
select this vote	S. Amdt. 3912	Feingold, Russell [D-WI]	January 24, 2008	Failed by roll call vote on February 11, 2008.
	To modify the requirements for certifications made prior to the initiation of certain acquisitions. Show amendment details
select this vote	S. Amdt. 3913	Feingold, Russell [D-WI]	January 24, 2008	Failed by roll call vote on February 6, 2008.
	To prohibit reverse targeting and protect the rights of Americans who are communicating with people abroad. Show amendment details
	S. Amdt. 3914	Feingold, Russell [D-WI]	January 24, 2008	Offered on January 23, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3915	Feingold, Russell [D-WI]	January 24, 2008	Failed by roll call vote on February 6, 2008.
	To place flexible limits on the use of information obtained using unlawful procedures. Show amendment details
	S. Amdt. 3916	Bond, Christopher [R-MO]	January 24, 2008	Withdrawn on January 30, 2008.
	Of a perfecting nature. Show amendment details
	S. Amdt. 3917	Schumer, Charles [D-NY]	January 24, 2008	Offered on January 23, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3918	Reid, Harry [D-NV]	January 24, 2008	Withdrawn on January 30, 2008.
	Relative to the extension of the Protect America Act of 2007. Show amendment details
currently selected	S. Amdt. 3919	Feinstein, Dianne [D-CA]	January 25, 2008	Offered on January 25, 2008.
	To provide for the review of certifications by the Foreign Intelligence Surveillance Court. Actions February 6, 2008, 12:00 am ET - Amendment SA 3919 proposed by Senator Feinstein to Amendment SA 3911. February 7, 2008, 12:00 am ET - Considered by Senate. February 8, 2008, 12:00 am ET - Considered by Senate. February 11, 2008, 12:00 am ET - Considered by Senate. February 12, 2008, 12:00 am ET - Considered by Senate. February 12, 2008, 12:00 am ET - Proposed amendment SA 3919, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate. February 12, 2008, 12:01 pm ET - Feinstein Amdt. No. 3919 Full Text of this Amendment SA 3919. Mrs. FEINSTEIN (for herself, Mr. Nelson of Florida, and Mr. Cardin) submitted an amendment intended to be proposed by her to the bill S. 2248, to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes; which was ordered to lie on the table; as follows: On page 72, strike line 13 and all that follows through page 73, line 25, and insert the following: (6) FOREIGN INTELLIGENCE SURVEILLANCE COURT.--The term ``Foreign Intelligence Surveillance Court'' means the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). (7) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.--The term ``Foreign Intelligence Surveillance Court of Review'' means the court of review established under section 103(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)). SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS. (a) Limitations.-- (1) IN GENERAL.--Notwithstanding any other provision of law, and subject to paragraph (3), a covered civil action shall not lie or be maintained in a Federal or State court, and shall be promptly dismissed, if the Attorney General certifies to the court that-- (A) 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) described in a written request or directive 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 (B) the electronic communication service provider did not provide the alleged assistance. (2) SUBMISSION OF CERTIFICATION.--If the Attorney General submits a certification under paragraph (1), the court to which that certification is submitted shall-- (A) immediately transfer the matter to the Foreign Intelligence Surveillance Court for a determination regarding the questions described in paragraph (3)(A); and (B) stay further proceedings in the relevant litigation, pending the determination of the Foreign Intelligence Surveillance Court. (3) DETERMINATION.-- (A) IN GENERAL.--The dismissal of a covered civil action under paragraph (1) shall proceed only if, after review, the Foreign Intelligence Surveillance Court determines that-- (i) the written request or directive 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 under paragraph (1)(A)(ii) complied with section 2511(2)(a)(ii) of title 18, United States Code, and the assistance alleged to have been provided was provided in accordance with the terms of that written request or directive; (ii) subject to subparagraph (C), the assistance alleged to have been provided was undertaken based on the good faith reliance of the electronic communication service provider on the written request or directive under paragraph (1)(A)(ii), such that the electronic communication service provider had an objectively reasonable belief under the circumstances that compliance with the written request or directive was lawful; or (iii) the electronic communication service provider did not provide the alleged assistance. (B) PROCEDURES.-- (i) IN GENERAL.--In reviewing certifications and making determinations under subparagraph (A), the Foreign Intelligence Surveillance Court shall-- (I) review and make any such determination en banc; and (II) permit any plaintiff and any defendant in the applicable covered civil action to appear before the Foreign Intelligence Surveillance Court pursuant to section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803). (ii) APPEAL TO FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.--A party to a proceeding described in clause (i) may appeal a determination under subparagraph (A) to the Foreign Intelligence Surveillance Court of Review, which shall have jurisdiction to review such determination. (iii) CERTIORARI TO THE SUPREME COURT.--A party to an appeal under clause (ii) may file a petition for a writ of certiorari for review of a decision of the Foreign Intelligence Surveillance Court of Review issued under that clause. The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. (iv) STATE SECRETS.--The state secrets privilege shall not apply in any proceeding under this paragraph. (C) SCOPE OF GOOD FAITH LIMITATION.--The limitation on covered civil actions based on good faith reliance under subparagraph (A)(ii) shall only apply in a civil action relating to alleged assistance provided on or before January 17, 2007. (As printed in the Congressional Record for the Senate on Jan 25, 2008.)
select this vote	S. Amdt. 3920	Whitehouse, Sheldon [D-RI]	January 25, 2008	Passed by voice vote on February 12, 2008.
	To clarify that the Foreign Intelligence Surveillance Court has the authority to determine and enforce compliance with any order or rule of, or procedure approved by, such Court. Show amendment details
	S. Amdt. 3921	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3922	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3923	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3924	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3925	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3926	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3927	Specter, Arlen [D-PA]	January 25, 2008	Failed by roll call vote on February 12, 2008.
	To provide for the substitution of the United States in certain civil actions. Show amendment details
	S. Amdt. 3928	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3929	Leahy, Patrick [D-VT]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3930	Cardin, Benjamin [D-MD]	January 25, 2008	Offered on January 25, 2008.
	To modify the sunset provision. Show amendment details
	S. Amdt. 3931	Kennedy, Edward [D-MA]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3932	Whitehouse, Sheldon [D-RI]	January 25, 2008	Passed by voice vote on January 31, 2008.
	To provide for implementation of an order pending appeal. Show amendment details
	S. Amdt. 3933	Wyden, Ron [D-OR]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3934	Rockefeller, John [D-WV]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3935	Rockefeller, John [D-WV]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3936	Rockefeller, John [D-WV]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3937	Feingold, Russell [D-WI]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3938	Bond, Christopher [R-MO]	January 25, 2008	Passed by voice vote on February 12, 2008.
	To include prohibitions on the international proliferation of weapons of mass destruction in the Foreign Intelligence Surveillance Act of 1978. Show amendment details
	S. Amdt. 3939	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3940	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3941	Bond, Christopher [R-MO]	January 25, 2008	Passed by voice vote on February 7, 2008.
	To expedite the review of challenges to directives under the Foreign Intelligence Surveillance Act of 1978. Show amendment details
	S. Amdt. 3942	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3943	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3944	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3945	Bond, Christopher [R-MO]	January 25, 2008	Passed by voice vote on January 31, 2008.
	To strike the time limitation for certain appeals. Show amendment details
	S. Amdt. 3946	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3947	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3948	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3949	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3950	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 25, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3951	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3952	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3953	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3954	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3955	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3956	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3957	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3958	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3959	Whitehouse, Sheldon [D-RI]	January 28, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3960	Kennedy, Edward [D-MA]	January 29, 2008	Passed by voice vote on January 31, 2008.
	To clarify that the authority under title VII of the Foreign Intelligence Surveillance Act of 1978 does not extend to purely domestic communications. Show amendment details
	S. Amdt. 3969	Sanders, Bernard [I-VT]	January 29, 2008	Offered on January 29, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3970	Sanders, Bernard [I-VT]	January 29, 2008	Offered on January 29, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3977	Kennedy, Edward [D-MA]	January 31, 2008	Offered on January 31, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3979	Feingold, Russell [D-WI]	February 4, 2008	Failed by roll call vote on February 12, 2008.
	To provide safeguards for communications involving persons inside the United States. Show amendment details
select this vote	S. Amdt. 4018	Rockefeller, John [D-WV]	February 12, 2008	Passed by voice vote on February 12, 2008.
	To make technical corrections. Show amendment details