S. Amdt. 3927 - To Provide for the Substitution of the United States in Certain Civil Actions.

110^th Congress (2007-2008) View amendment details

Sponsor:: Arlen Specter

This is an amendment to S. 2248 - FISA Amendments Act of 2008

Senate Vote: Specter Amdt. No. 3927

DID NOT PASS on February 12, 2008.

1/2 required to pass

voted YES: 30 voted NO: 68
2 voted present/not voting

Other Votes:

All votes on S. 2248

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

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
currently selected	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
select this vote	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
currently selected	Vote	2/12/2008	Specter Amdt. No. 3927
select this vote	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
select this vote	S. Amdt. 3919	Feinstein, Dianne [D-CA]	January 25, 2008	Offered on January 24, 2008.
	To provide for the review of certifications by the Foreign Intelligence Surveillance Court. Show amendment details
select this vote	S. Amdt. 3920	Whitehouse, Sheldon [D-RI]	January 25, 2008	Passed by voice vote on February 11, 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 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3922	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3923	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3924	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3925	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3926	Kyl, Jon [R-AZ]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
currently selected	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. Actions February 6, 2008, 12:00 am ET - Amendment SA 3927 proposed by Senator Specter 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, 11:44 am ET - Specter Amdt. No. 3927 Full Text of this Amendment SA 3927. Mr. SPECTER (for himself and Mr. Whitehouse) submitted an amendment intended to be proposed to amendment SA 3911 proposed by Mr. Rockefeller (for himself and Mr. Bond) 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 75, line 5, 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)). SEC. 202. SUBSTITUTION OF THE UNITED STATES IN CERTAIN ACTIONS. (a) In General.-- (1) CERTIFICATION.--Notwithstanding any other provision of law, a Federal or State court shall substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action as provided in this subsection, if the Attorney General certifies to that court that-- (A) with respect to that claim, the assistance alleged to have been provided by the electronic communication service provider was-- (i) provided 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) SUBSTITUTION.-- (A) IN GENERAL.--Except as provided in subparagraph (B), and subject to subparagraph (C), upon receiving a certification under paragraph (1), a Federal or State court shall-- (i) substitute the United States for the electronic communication service provider as the defendant as to all claims designated by the Attorney General in that certification, consistent with the procedures under rule 25(c) of the Federal Rules of Civil Procedure, as if the United States were a party to whom the interest of the electronic communication service provider in the litigation had been transferred; and (ii) as to that electronic communication service provider-- (I) dismiss all claims designated by the Attorney General in that certification; and (II) enter a final judgment relating to those claims. (B) CONTINUATION OF CERTAIN CLAIMS.--If a certification by the Attorney General under paragraph (1) states that not all of the alleged assistance was provided under a written request or directive described in paragraph (1)(A)(ii), the electronic communication service provider shall remain as a defendant. (C) DETERMINATION.-- (i) IN GENERAL.--Substitution under subparagraph (A) shall proceed only after a determination by the Foreign Intelligence Surveillance Court 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)(B) of title 18, United States Code; (II) the assistance alleged to have been provided was undertaken by the electronic communication service provider acting in good faith and pursuant to an objectively reasonable belief that compliance with the written request or directive under paragraph (1)(A)(ii) was permitted by law; or (III) the electronic communication service provider did not provide the alleged assistance. (ii) CERTIFICATION.--If the Attorney General submits a certification under paragraph (1), the court to which that certification is submitted shall-- (I) immediately certify the questions described in clause (i) to the Foreign Intelligence Surveillance Court; and (II) stay further proceedings in the relevant litigation, pending the determination of the Foreign Intelligence Surveillance Court. (iii) PARTICIPATION OF PARTIES.--In reviewing a certification and making a determination under clause (i), the Foreign Intelligence Surveillance Court shall 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). (iv) DECLARATIONS.--If the Attorney General files a declaration under section 1746 of title 28, United States Code, that disclosure of a determination made pursuant to clause (i) would harm the national security of the United States, the Foreign Intelligence Surveillance Court shall limit any public disclosure concerning such determination, including any public order following such an ex parte review, to a statement that the conditions of clause (i) have or have not been met, without disclosing the basis for the determination. (3) PROCEDURES.-- (A) TORT CLAIMS.--Upon a substitution under paragraph (2), for any tort claim-- (i) the claim shall be deemed to have been filed under section 1346(b) of title 28, United States Code, except that sections 2401(b), 2675, and 2680(a) of title 28, United States Code, shall not apply; and (ii) the claim shall be deemed timely filed against the United States if it was timely filed against the electronic communication service provider. (B) CONSTITUTIONAL AND STATUTORY CLAIMS.--Upon a substitution under paragraph (2), for any claim under the Constitution of the United States or any Federal statute-- (i) the claim shall be deemed to have been filed against the United States under section 1331 of title 28, United States Code; (ii) with respect to any claim under a Federal statute that does not provide a cause of action against the United States, the plaintiff shall be permitted to amend such claim to substitute, as appropriate, a cause of action under-- (I) section 704 of title 5, United States Code (commonly known as the Administrative Procedure Act); (II) section 2712 of title 18, United States Code; or (III) section 110 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1810); (iii) the statutes of limitation applicable to the causes of action identified in clause (ii) shall not apply to any amended claim under that clause, and any such cause of action shall be deemed timely filed if any Federal statutory cause of action against the electronic communication service provider was timely filed; and (iv) for any amended claim under clause (ii) the United States shall be deemed a proper defendant under any statutes described in that clause, and any plaintiff that had standing to proceed against the original defendant shall be deemed an aggrieved party for purposes of proceeding under section 2712 of title 18, United States Code, or section 110 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1810). (C) DISCOVERY.-- (i) IN GENERAL.--In a covered civil action in which the United States is substituted as party-defendant under paragraph (2), any plaintiff may serve third-party discovery requests to any electronic communications service provider as to which all claims are dismissed. (ii) BINDING THE GOVERNMENT.--If a plaintiff in a covered civil action serves deposition notices under rule 30(b)(6) of the Federal Rules of Civil Procedure or requests under rule 36 of the Federal Rules of Civil Procedure for admission upon an electronic communications service provider as to which all claims were dismissed, the electronic communications service provider shall be deemed a party-defendant for purposes rule 30(b)(6) or rule 36 and its answers and admissions shall be deemed binding upon the Government. (b) Certifications.-- (1) IN GENERAL.--For purposes of substitution proceedings under this section-- (A) a certification under subsection (a) may be provided and reviewed in camera, ex parte, and under seal; and (B) for any certification provided and reviewed as described in subparagraph (A), the court shall not disclose or cause the disclosure of its contents. (2) NONDELEGATION.--The authority and duties of the Attorney General under this section shall be performed by the Attorney General or a designee in a position not lower than the Deputy Attorney General. (c) Sovereign Immunity.--This section, including any Federal statute cited in this section that operates as a waiver of sovereign immunity, constitute the sole waiver of sovereign immunity with respect to any covered civil action. (d) Civil Actions in State Court.--For purposes of section 1441 of title 28, United States Code, any covered civil action that is brought in a State court or administrative or regulatory bodies shall be deemed to arise under the Constitution or laws of the United States and shall be removable under that section. (e) Rule of Construction.--Except as expressly provided in this section, nothing in this section may be construed to limit any immunity, privilege, or defense under any other provision of law, including any privilege, immunity, or defense that would otherwise have been available to the United States absent its substitution as party-defendant or had the United States been the named defendant. (f) Effective Date and Application.--This section shall apply to any covered civil action pending on or filed after the date of enactment of this Act. (As printed in the Congressional Record for the Senate on Jan 25, 2008.)
	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

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FISA Amendments Act of 2008: Specter Amdt. No. 3927

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Daniel K. Akaka	D	HI	$0	$0	Yes
Andrew Lamar Alexander	R	TN	$0	$0	No
Alan Wayne Allard	R	CO	$0	$0	No
John Barrasso	R	WY	$0	$0	No
Max Baucus	D	MT	$0	$0	No
Birch "Evan" Bayh	D	IN	$0	$0	No
Bob Bennett	R	UT	$0	$0	No
Joe Biden	D	DE	$0	$0	No
Jesse "Jeff" Bingaman	D	NM	$0	$0	Yes
Christopher "Kit" Bond	R	MO	$0	$0	No
Barbara Boxer	D	CA	$0	$0	Yes
Sherrod Brown	D	OH	$0	$0	Yes
Sam Brownback	R	KS	$0	$0	No
Jim Bunning	R	KY	$0	$0	No
Richard Burr	R	NC	$0	$0	No
Robert Byrd	D	WV	$0	$0	Yes
Maria Cantwell	D	WA	$0	$0	Yes
Ben Cardin	D	MD	$0	$0	Yes
Tom Carper	D	DE	$0	$0	No
Bob Casey	D	PA	$0	$0	Yes
Clarence Saxby Chambliss	R	GA	$0	$0	No
Hillary Clinton	D	NY	$0	$0	Not Voting
Tom Coburn	R	OK	$0	$0	No
William Thad Cochran	R	MS	$0	$0	No
Norm Coleman	R	MN	$0	$0	No
Susan Collins	R	ME	$0	$0	No
Gaylord Kent Conrad	D	ND	$0	$0	No
Bob Corker	R	TN	$0	$0	No
John Cornyn	R	TX	$0	$0	No
Larry Craig	R	ID	$0	$0	No
Mike Crapo	R	ID	$0	$0	No
Jim DeMint	R	SC	$0	$0	No
Chris Dodd	D	CT	$0	$0	No
Mary Elizabeth Dole	R	NC	$0	$0	No
Pete Domenici	R	NM	$0	$0	No
Byron Dorgan	D	ND	$0	$0	No
Dick Durbin	D	IL	$0	$0	Yes
John Ensign	R	NV	$0	$0	No
Mike Enzi	R	WY	$0	$0	No
Russ Feingold	D	WI	$0	$0	Yes
Dianne Feinstein	D	CA	$0	$0	No
Lindsey Graham	R	SC	$0	$0	Not Voting
Chuck Grassley	R	IA	$0	$0	No
Judd Gregg	R	NH	$0	$0	No
Chuck Hagel	R	NE	$0	$0	No
Tom Harkin	D	IA	$0	$0	Yes
Orrin Hatch	R	UT	$0	$0	No
Kay Bailey Hutchison	R	TX	$0	$0	No
Jim Inhofe	R	OK	$0	$0	No
Dan Inouye	D	HI	$0	$0	No
Johnny Isakson	R	GA	$0	$0	No
Tim Johnson	D	SD	$0	$0	No
Ted Kennedy	D	MA	$0	$0	Yes
John Kerry	D	MA	$0	$0	Yes
Amy Klobuchar	D	MN	$0	$0	No
Herb Kohl	D	WI	$0	$0	Yes
Jon Kyl	R	AZ	$0	$0	No
Mary Landrieu	D	LA	$0	$0	No
Frank Lautenberg	D	NJ	$0	$0	Yes
Patrick Leahy	D	VT	$0	$0	Yes
Carl Levin	D	MI	$0	$0	Yes
Joe Lieberman	I	CT	$0	$0	No
Blanche Lincoln	D	AR	$0	$0	No
Dick Lugar	R	IN	$0	$0	No
Mel Martinez	R	FL	$0	$0	No
John McCain	R	AZ	$0	$0	No
Claire McCaskill	D	MO	$0	$0	Yes
Addison "Mitch" McConnell	R	KY	$0	$0	No
Bob Menéndez	D	NJ	$0	$0	Yes
Barbara Mikulski	D	MD	$0	$0	No
Lisa Murkowski	R	AK	$0	$0	No
Patty Murray	D	WA	$0	$0	No
Earl "Ben" Nelson	D	NE	$0	$0	No
Clarence "Bill" Nelson	D	FL	$0	$0	Yes
Barack Obama	D	IL	$0	$0	Yes
Mark Pryor	D	AR	$0	$0	No
John "Jack" Reed	D	RI	$0	$0	Yes
Harry Reid	D	NV	$0	$0	Yes
Charles "Pat" Roberts	R	KS	$0	$0	No
John "Jay" Rockefeller	D	WV	$0	$0	No
Ken Salazar	D	CO	$0	$0	No
Bernie Sanders	I	VT	$0	$0	Yes
Chuck Schumer	D	NY	$0	$0	Yes
Jeff Sessions	R	AL	$0	$0	No
Richard Shelby	R	AL	$0	$0	No
Gordon Smith	R	OR	$0	$0	No
Olympia Snowe	R	ME	$0	$0	No
Arlen Specter	D	PA	$0	$0	Yes
Debbie Stabenow	D	MI	$0	$0	Yes
Ted Stevens	R	AK	$0	$0	No
John Sununu	R	NH	$0	$0	No
Jon Tester	D	MT	$0	$0	No
John Thune	R	SD	$0	$0	No
David Vitter	R	LA	$0	$0	No
George Voinovich	R	OH	$0	$0	No
John Warner	R	VA	$0	$0	No
Jim Webb	D	VA	$0	$0	Yes
Sheldon Whitehouse	D	RI	$0	$0	Yes
Roger Wicker	R	MS	$0	$0	No
Ron Wyden	D	OR	$0	$0	Yes

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S. Amdt. 3927 - To Provide for the Substitution of the United States in Certain Civil Actions.

FISA Amendments Act of 2007

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S. Amdt. 3927 - To Provide for the Substitution of the United States in Certain Civil Actions.

FISA Amendments Act of 2007

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