S. Amdt. 3979 - To Provide Safeguards for Communications Involving Persons Inside the United States.

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
currently selected	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
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
currently selected	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
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
select this vote	S. Amdt. 3927	Specter, Arlen [D-PA]	January 25, 2008	Failed by roll call vote on February 11, 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 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3929	Leahy, Patrick [D-VT]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 3930	Cardin, Benjamin [D-MD]	January 25, 2008	Offered on January 24, 2008.
	To modify the sunset provision. Show amendment details
	S. Amdt. 3931	Kennedy, Edward [D-MA]	January 25, 2008	Offered on January 24, 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 30, 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 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3934	Rockefeller, John [D-WV]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3935	Rockefeller, John [D-WV]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3936	Rockefeller, John [D-WV]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3937	Feingold, Russell [D-WI]	January 25, 2008	Offered on January 24, 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 11, 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 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3940	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 24, 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 6, 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 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3943	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3944	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 24, 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 30, 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 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3947	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3948	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3949	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3950	Bond, Christopher [R-MO]	January 25, 2008	Offered on January 24, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3951	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3952	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3953	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3954	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3955	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3956	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3957	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3958	Bond, Christopher [R-MO]	January 28, 2008	Offered on January 27, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3959	Whitehouse, Sheldon [D-RI]	January 28, 2008	Offered on January 27, 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 30, 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 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3970	Sanders, Bernard [I-VT]	January 29, 2008	Offered on January 28, 2008.
	Amendment information not available. Show amendment details
	S. Amdt. 3977	Kennedy, Edward [D-MA]	January 31, 2008	Offered on January 30, 2008.
	Amendment information not available. Show amendment details
currently selected	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. Actions February 4, 2008, 12:00 am ET - Amendment SA 3979 proposed by Senator Feingold to Amendment SA 3911. February 5, 2008, 12:00 am ET - Considered by Senate. February 6, 2008, 12:00 am ET - Considered by Senate. 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, 10:43 am ET - Feingold Amdt. No. 3979 Full Text of this Amendment SA 3979. Mr. FEINGOLD (for himself, Mr. Webb, Mr. Tester, Mr. Biden, Mr. Sanders, Mr. Kennedy, Mr. Menendez, Mr. Akaka, Mr. Dodd, and Mr. Obama) proposed an amendment 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; as follows: On page 52, line 2, strike the quotation marks and the second period and insert the following: ``SEC. 709. ADDITIONAL SAFEGUARDS FOR COMMUNICATIONS OF PERSONS INSIDE THE UNITED STATES. ``(a) Limitations on Acquisition of Communications.-- ``(1) LIMITATION.--Except as authorized under title I or paragraph (2), no communication shall be acquired under this title if the Government knows before or at the time of acquisition that the communication is to or from a person reasonably believed to be located in the United States. ``(2) EXCEPTION.-- ``(A) IN GENERAL.--In addition to any authority under title I to acquire communications described in paragraph (1), such communications may be acquired if-- ``(i) there is reason to believe that the communication concerns international terrorist activities directed against the United States, or activities in preparation therefor; ``(ii) there is probable cause to believe that the target reasonably believed to be located outside the United States is an agent of a foreign power and such foreign power is a group engaged in international terrorism or activities in preparation therefor; or ``(iii) there is reason to believe that the acquisition is necessary to prevent death or serious bodily harm. ``(B) ACCESS TO COMMUNICATIONS.--Communications acquired under this paragraph shall be treated in accordance with subsection (b). ``(3) PROCEDURES FOR DETERMINATIONS BEFORE OR AT THE TIME OF ACQUISITION.-- ``(A) SUBMISSION.--Not later than 120 days after the date of enactment of the FISA Amendments Act of 2008, the Attorney General, in consultation with the Director of National Intelligence, shall submit to the Foreign Intelligence Surveillance Court for approval procedures for determining before or at the time of acquisition, where reasonably practicable, whether a communication is to or from a person reasonably believed to be located in the United States and whether the exception under paragraph (2) applies to that communication. ``(B) REVIEW.--The Foreign Intelligence Surveillance Court shall approve the procedures submitted under subparagraph (A) if the procedures are reasonably designed to determine before or at the time of acquisition, where reasonably practicable, whether a communication is to or from a person reasonably believed to be located in the United States and whether the exception under paragraph (2) applies to that communication. ``(C) PROCEDURES DO NOT MEET REQUIREMENTS.--If the Foreign Intelligence Surveillance Court concludes that the procedures submitted under subparagraph (A) do not meet the requirements of subparagraph (B), the Court shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph to the Foreign Intelligence Surveillance Court of Review. ``(D) USE OF PROCEDURES.--If the Foreign Intelligence Surveillance Court approves procedures under this paragraph, the Government shall use such procedures in any acquisition of communications under this title. ``(E) REVISIONS.--The Attorney General, in consultation with the Director of National Intelligence, may submit new or amended procedures to the Foreign Intelligence Surveillance Court for review under this paragraph. ``(F) RELIABILITY.--If the Government obtains new information relating to the reliability of procedures approved under this paragraph or the availability of more reliable procedures, the Attorney General shall submit to the Foreign Intelligence Surveillance Court such information. ``(b) Limitations on Access to Communications.-- ``(1) IN GENERAL.--At such time as the Government can reasonably determine that a communication acquired under this title (including a communication acquired under subsection (a)(2)) is to or from a person reasonably believed to be located in the United States, such communication shall be segregated or specifically designated and no person shall access such a communication, except in accordance with title I or this section. ``(2) EXCEPTIONS.--In addition to any authority under title I, including the emergency provision in section 105(f), a communication described in paragraph (1) may be accessed and disseminated for a period of not longer than 7 days if-- ``(A)(i) there is reason to believe that the communication concerns international terrorist activities directed against the United States, or activities in preparation therefor; ``(ii) there is probable cause to believe that the target reasonably believed to be located outside the United States is an agent of a foreign power and such foreign power is a group engaged in international terrorism or activities in preparation therefor; or ``(iii) there is reason to believe that the access is necessary to prevent death or serious bodily harm; ``(B) the Attorney General notifies the Foreign Intelligence Surveillance Court immediately of such access; and ``(C) not later than 7 days after the date such access is initiated, the Attorney General-- ``(i) makes an application for an order under title I; or ``(ii) submits to the Foreign Intelligence Surveillance Court a document that-- ``(I) certifies that-- ``(aa) there is reason to believe that the communication concerns international terrorist activities directed against the United States, or activities in preparation therefor; ``(bb) there is probable cause to believe that the target reasonably believed to be located outside the United States is an agent of a foreign power and such foreign power is a group engaged in international terrorism or activities in preparation therefor; or ``(cc) there is reason to believe that the access is necessary to prevent death or serious bodily harm; and ``(II) identifies the target of the collection, the party to the communication who is inside the United States if known, and the extent to which information relating to the communication has been disseminated. ``(3) DENIAL OF COURT ORDER.--If an application for a court order described in paragraph (2)(C)(i) is made and is not approved, the Attorney General shall submit to the court, not later than 7 days after the date of the denial of the application, the document described in paragraph (2)(C)(ii). ``(4) ADDITIONAL COURT AUTHORITIES.-- ``(A) IN GENERAL.--The Foreign Intelligence Surveillance Court may-- ``(i) limit access to communications described in paragraph (1) relating to a particular target if the Court determines that any certification submitted under paragraph (2)(C)(ii)(I) with respect to that target is clearly erroneous; and ``(ii) require the Attorney General to provide the factual basis for a certification submitted under paragraph (2)(C)(ii)(I), if the Court determines it would aid the Court in conducting review under this subsection. ``(B) FISC ACCESS.--The Foreign Intelligence Surveillance Court shall have access to any communications that have been segregated or specifically designated under paragraph (1) and any information the use of which has been limited under paragraph (5). ``(5) FAILURE TO NOTIFY.-- ``(A) IN GENERAL.--In the circumstances described in subparagraph (B), access to a communication shall terminate, and no information obtained or evidence derived from such access concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such access shall subsequently be used or disclosed in any manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person, or if a court order is obtained under title I. ``(B) CIRCUMSTANCES.--The circumstances described in this subparagraph are circumstances in which-- ``(i) as of the date that is 7 days after the date on which access to a communication is initiated under paragraph (2), a court order described in paragraph (2)(C)(i) has not been sought and the document described in paragraph (2)(C)(ii) has not been submitted; or ``(ii) as of the date that is 7 days after an application for a court order described in paragraph (2)(C)(i) is denied, the document described in paragraph (2)(C)(ii) is not submitted in accordance with paragraph (3). ``(6) EVIDENCE OF A CRIME.--Information or communications subject to this subsection may be disseminated for law enforcement purposes if it is evidence that a crime has been, is being, or is about to be committed, provided that dissemination is made in accordance with section 106(b). ``(7) PROCEDURES FOR DETERMINATIONS AFTER ACQUISITION.-- ``(A) IN GENERAL.--Not later than 120 days after the date of enactment of the FISA Amendments Act of 2008, the Attorney General, in consultation with the Director of National Intelligence, shall submit to the Foreign Intelligence Surveillance Court for approval procedures for determining, where reasonably practicable, whether a communication acquired under this title is to or from a person reasonably believed to be inside the United States. ``(B) REVIEW.--The Foreign Intelligence Surveillance Court shall approve the procedures submitted under subparagraph (A) if the procedures are reasonably designed to determine, where reasonably practicable, whether a communication acquired under this title is a communication to or from a person reasonably believed to be located in the United States. ``(C) PROCEDURES DO NOT MEET REQUIREMENTS.--If the Foreign Intelligence Surveillance Court concludes that the procedures submitted under subparagraph (A) do not meet the requirements of subparagraph (B), the Court shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph to the Foreign Intelligence Surveillance Court of Review. ``(D) USE OF PROCEDURES.--If the Foreign Intelligence Surveillance Court approves procedures under this paragraph, the Government shall use such procedures for any communication acquired under this title. ``(E) REVISIONS.--The Attorney General, in consultation with the Director of National Intelligence, may submit new or amended procedures to the Foreign Intelligence Surveillance Court for review under this paragraph. ``(F) RELIABILITY.--If the Government obtains new information relating to the reliability of procedures approved under this paragraph or the availability of more reliable procedures, the Attorney General shall submit to the Foreign Intelligence Surveillance Court such information. ``(c) Title I Court Order.--If the Government obtains a court order under title I relating to a target of an acquisition under this title, the Government may access and disseminate, under the terms of that court order and any applicable minimization requirements, any communications of that target that have been acquired and segregated or specifically designated under subsection (b)(1). ``(d) Inspector General Audit.-- ``(1) AUDIT.--Not less than once each year, the Inspector General of the Department of Defense and the Inspector General of the Department of Justice shall complete an audit of the implementation of and compliance with this section. For purposes of such audit, the Inspectors General shall have access to any communications that have been segregated or specifically designated under subsection (b)(1) and any information the use of which has been limited under subsection (b)(5). Such audit shall include an accounting of such segregated or specifically designated communications that have been disseminated. ``(2) REPORT.--Not later than 30 days after the completion of each audit under paragraph (1), the Inspectors General shall jointly submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the results of the audit. ``(3) EXPEDITED SECURITY CLEARANCE.--The Director of National Intelligence shall ensure that the process for the investigation and adjudication of an application by an Inspector General or any appropriate staff of an Inspector General for a security clearance necessary for the conduct of the audits under this subsection is conducted as expeditiously as possible. ``(e) Applicability.--Subsections (a) and (b) shall apply to any communication acquired under this title on or after the earlier of-- ``(1) the date that the Foreign Intelligence Surveillance Court approves the procedures described in subsection (a)(3) and the procedures described in subsection (b)(7); and ``(2) 1 year after the date of enactment of the FISA Amendments Act of 2008.''. (As printed in the Congressional Record for the Senate on Feb 4, 2008.)
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