FISA Amendments Act of 2008

Bill: 110-s-2248
Sponsor: Sen. Rockefeller, John D., IV [D-WV]
Introduced: 2007-10-26 in the Senate
Policy area: Armed Forces and National Security
Subjects: Civil actions and liability
Commerce
Congress
Congressional oversight
Congressional reporting requirements
Courts of special jurisdiction
Crime and Law Enforcement
Criminal investigation
Electronic surveillance
Federal preemption
Foreign agents
Government Operations and Politics
Governmental investigations
International Affairs
Internet
Judicial review
Law
Liability (Law)
Nuclear nonproliferation
Science, Technology, Communications
Searches and seizures
State laws
Supreme Court
Telecommunication industry
Terrorism
Warrants (Law)
Weapons of mass destruction

Summary:
action_date: 2007-10-26
text: 
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or FISA Amendments Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize the Attorney General (AG) and Director of National Intelligence to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States to acquire foreign intelligence information. Requires specified targeting and surveillance minimization procedures to be followed, with Foreign Intelligence Surveillance Court (Court) review of such procedures.
 
States that chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications) and 121 (Stored Wire and Electronic Communications and Transactional Records Access) of the federal criminal code and FISA shall be the exclusive means by which electronic surveillance and interception of domestic communications may be conducted.
 
Requires the AG to submit semiannually to the congressional intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA.
 
Revises generally provisions concerning the application for, and issue of, Court orders. Allows the AG to authorize the emergency employment of electronic surveillance under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying for a Court order authorizing such surveillance. Provides similar authority an outlines similar procedures for the emergency employment of a physical search.
 
Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within 168 (current law requires 48) hours after the emergency installation and use.
 
Authorizes the Court to sit 
en banc 
when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.
 
Provides limitations (and preempts state law) on civil actions against electronic communication service providers and persons providing assistance in connection with an intelligence activity.

action_date: 2007-10-26
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or FISA Amendments Act of 2007 - 
Title I: Foreign Intelligence Surveillance 
- (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for targeting (acquiring) communications of certain persons outside the United States.
 
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations. Requires certain targeting and minimization procedures to be followed, with Foreign Intelligence Surveillance Court (Court) review of such procedures. Requires the AG and DNI, prior to such acquisition, to certify to the Court that: (1) the acquisition is targeted at persons believed to be outside the United States and that the targeting and minimization procedures have been or will be approved by the Court; (2) such procedures are consistent with requirements of the fourth amendment to the U.S. Constitution; (3) a significant purpose of the acquisition is to obtain foreign intelligence information; and (4) the minimization procedures meet FISA requirements and have been or will be approved by the Court.
 
Outlines legal procedures with respect to directives issued to communications service providers to provide necessary assistance to accomplish the acquisition, including directive challenges, failure to comply, standards for review, and appeals.
 
Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court and the congressional intelligence committees. Authorizes inspectors general of the Department of Justice and elements of the intelligence community to review their agency's compliance with such procedures. Requires the head of any element of the intelligence community conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court. Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.
 
(Sec. 102) States that chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications) and 121 (Stored Wire and Electronic Communications and Transactional Records Access) of the federal criminal code and FISA shall be the exclusive means by which electronic surveillance and interception of domestic communications may be conducted.
 
(Sec. 103) Requires the AG to submit semiannually to the intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA.
 
(Sec. 104) Revises provisions concerning the application for, and issue of, Court orders, including provisions concerning paperwork requirements and government officials who may authorize FISA actions.
 
(Sec. 105) Allows the AG to authorize the emergency employment of electronic surveillance under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) application for a Court order authorizing such surveillance.
 
(Sec. 107) Provides similar authority and outlines similar procedures as in sections 104 and 105 above for the emergency employment of a physical search.
 
(Sec. 108) Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within 168 (current law requires 48) hours after the emergency installation and use.
 
(Sec. 109) Authorizes the Court to sit en banc when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.
 

Title II: Protections for Electronic Communication Service Providers 
- (Sec. 202) Provides limitations (and preempts state law) on civil actions against electronic communication service providers and other persons providing assistance to the government in connection with an intelligence activity.
 

Title III: Other Provisions 
- (Sec. 301) Outlines severability provisions and provisions concerning effective dates, repeal of inconsistent federal law, and transition procedures.

action_date: 2007-11-16
text: 
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or FISA Amendments Act of 2007 - 
Title I: Foreign Intelligence Surveillance 
- (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for targeting (acquiring) communications of certain persons outside the United States.
 
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations, including prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States with the significant purpose of acquiring the communications of a specific person reasonably believed to be located in the United States, unless done in accordance with title I of FISA. Requires: (1) certain targeting and minimization procedures to be followed; and (2) Foreign Intelligence Surveillance Court (Court) review of such procedures. Allows the AG to authorize the emergency employment of an acquisition of foreign intelligence if the AG: (1) determines that an emergency situation exists with respect to the acquisition; (2) informs a Court judge of such determination; (3) submits to the Court, within 72 hours, a request authorizing such acquisition; and (4) follows appropriate minimization procedures. Requires such emergency acquisition to terminate within 72 hours, unless the Court determines that the person outside the United States is a foreign power or agent. Provides transition procedures with respect to the targeting of U.S. persons located overseas.
 
Requires the AG and DNI, prior to any non-emergency acquisition, to certify to the Court that: (1) the acquisition is targeted at persons believed to be outside the United States and that the targeting and minimization procedures have been or will be approved by the Court; (2) such procedures are consistent with requirements of the fourth amendment to the U.S. Constitution; (3) a significant purpose of the acquisition is to obtain foreign intelligence information; (4) the minimization procedures meet FISA requirements and have been or will be approved by the Court; (5) the acquisition involves obtaining the information with the assistance of an electronic communication service provider; and (6) the acquisition is limited to communications to which at least one party is reasonably believed to be located outside the United States.
 
Outlines legal procedures with respect to directives issued to communication service providers to provide necessary assistance to accomplish the acquisition, including directive challenges, failure to comply, standards for review, and appeals.
 
Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court and the congressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) to review their agency's compliance with such procedures. Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court. Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.
 
(Sec. 102) States that: (1) FISA shall be the exclusive means for targeting U.S. persons in order to acquire foreign intelligence, whether such persons are inside or outside the United States, except in cases where specific statutory authorization exists to obtain such communications without an order under FISA; and (2) chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications) and 121 (Stored Wire and Electronic Communications and Transactional Records Access) of the federal criminal code and FISA shall be the exclusive means by which electronic surveillance and interception of domestic communications may be conducted.
 
(Sec. 103) Requires the AG to submit semiannually to the intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA, including any such orders issued during the five-year period before the enactment of this Act.
 
(Sec. 104) Revises provisions concerning the application for, and issue of, Court orders, including provisions concerning paperwork requirements and government officials who may authorize FISA actions.
 
(Sec. 105) Allows the AG to authorize the emergency employment of electronic surveillance under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying for a Court order authorizing such surveillance.
 
(Sec. 107) Provides similar revisions and outlines similar procedures as in sections 104 and 105 above for the emergency employment of a physical search.
 
(Sec. 108) Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within 168 (current law requires 48) hours after the emergency installation and use.
 
(Sec. 109) Authorizes the Court to sit en banc when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.
 
(Sec. 110) Directs the inspectors general of DOJ and relevant IC elements to: (1) complete a comprehensive audit of the Terrorist Surveillance Program and any closely related intelligence activities; and (2) report audit results to the intelligence and judiciary committees. Authorizes necessary legal and other personnel to complete such activities.
 


action_date: 2008-02-12
text: 
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - 
Title I: Foreign Intelligence Surveillance 
- (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to add a new title concerning additional procedures for acquiring the communications of certain persons outside the United States.
 
Authorizes the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations, including: (1) prohibiting an acquisition intentionally targeting a person reasonably believed to be outside the United States in order to acquire the communications of a specific person reasonably believed to be located in the United States, unless done in accordance with titles I or III of FISA; and (2) requiring the targeting to be conducted in a manner consistent with the fourth amendment to the Constitution. Requires: (1) certain targeting and minimization procedures to be followed; and (2) prior to such targeting, a certification by the AG and DNI as to the necessity of such targeting and that appropriate procedures will be followed. Allows the AG and DNI, if immediate targeting is determined to be required, to commence such targeting, but to submit the certification within seven days of such determination. Requires all certifications to be submitted to the Foreign Intelligence Surveillance Court (Court) for review.
 
Authorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition; and (2) maintain under security procedures any records concerning such acquisition. Outlines legal procedures with respect to directive challenges, standards for review, enforcement, and appeals. Provides for: (1) judicial review of certifications and targeting and minimization procedures; and (2) review of Court rulings by the Foreign Intelligence Surveillance Court of Review (with certiorari to the Supreme Court). Requires the maintenance and security of records and proceedings with respect to acquisition applications, orders, and determinations.
 
Requires the AG and DNI, at least every six months, to: (1) assess compliance with required targeting and minimization procedures; and (2) submit assessment results to the Court and the congressional intelligence committees. Authorizes inspectors general of the Department of Justice (DOJ) and elements of the intelligence community (IC) authorized to acquire foreign intelligence information to review their agency or element's compliance with such procedures and provide review results to the AG, DNI, and intelligence committees. Requires the head of any IC element conducting an acquisition of foreign intelligence information to annually review such acquisitions and report review results to the Court, the AG, the DNI, and the intelligence committees.
 
Provides Court jurisdiction for the targeting of a U.S. person located outside the United States when the acquisition of information is conducted within the United States. Requires an application for such acquisition to be made by a federal officer (and approved by the AG), and to contain certain requirements, including that the target is believed to be a foreign power or agent, officer, or employee of a foreign power. Provides for judicial review of a Court order approving such an acquisition. Makes approval orders effective for 90 days, with authorized 90-day renewals. Allows the AG to authorize an emergency acquisition of such a target under certain circumstances, including: (1) determining that an emergency exists; (2) informing a Court judge of such determination; and (3) applying within seven days for a Court order authorizing such surveillance. Provides similar Court jurisdiction and outlines similar procedures for the acquisition (and emergency acquisition) of a physical search.
 
Authorizes the: (1) joint applications and concurrent approvals of requests for acquisitions proposed to be conducted both inside and outside the United States; and (2) concurrent authorizations of electronic surveillance and physical searches.
 
Directs the AG to report semiannually to the intelligence and judiciary committees concerning the implementation of acquisition requirements.
 
(Sec. 102) States that FISA and the procedures of chapters 119 (Wire and Electronic Communications Interception and Interception of Oral Communications), 121 (Stored Wire and Electronic Communications and Transactional Records Access), and 206 (Pen Registers and Trap and Trace Devices) of the federal criminal code shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.
 
(Sec. 103) Requires the AG to submit semiannually to the intelligence committees copies of any orders of the Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of FISA, including any such orders issued during the five-year period before the enactment of this Act. Allows for the redaction of submitted materials for the protection of national security.
 
(Sec. 104) Revises provisions concerning the application for, and issuance of, Court orders, including provisions concerning paperwork requirements and government officials who may authorize FISA actions.
 
(Sec. 105) Allows the AG to authorize the emergency employment of electronic surveillance if the AG, among other things: (1) determines that an emergency exists; (2) informs a Court judge of such determination; and (3) applies for a Court order authorizing such surveillance.
 
(Sec. 107) Provides similar revisions and outlines similar procedures as in sections 104 and 105 above for the emergency employment of physical searches.
 
(Sec. 108) Requires the AG, after authorizing the installation and use of a pen register or trap and trace device on an emergency basis, to apply to the Court for an authorization order within seven days (current law requires 48 hours) after the emergency installation and use.
 
(Sec. 109) Authorizes the Court to sit en banc when: (1) necessary to secure or maintain uniformity of Court decisions; or (2) the proceeding involves a question of exceptional importance.
 
(Sec. 110) Authorizes the acquisition of foreign intelligence information in order to prevent the international proliferation of weapons of mass destruction.
 

Title II: Protections for Electronic Communication Service Providers 
- (Sec. 202) Prohibits an action against an electronic communication service provider (provider) if the AG certifies to the court involved that the assistance was: (1) in connection with an intelligence activity authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007, and designed to prevent a terrorist attack or related activities against the United States; and (2) described in a written request or directive from the AG or head of an IC element to the provider indicating that the activity was authorized by the President and determined to be lawful. Subjects AG certifications to review for abuse of discretion. Requires the court involved to review in camera and ex parte a declaration by the AG that disclosure of a certification would harm national security.
 
(Sec. 203) Provides a similar prohibition and certification requirements as above in the case of actions against individuals other than providers furnishing requested assistance to an IC element.
 
(Sec. 204) Prohibits a state from conducting investigations, imposing sanctions, or commencing or maintaining a civil action or other proceeding against a provider furnishing requested assistance.
 

Title III: Other Provisions 
- (Sec. 301) Provides severability protections for this Act and its amendments.
 
(Sec. 302) Repeals FISA provisions made inconsistent by provisions of this Act. Outlines transition procedures.


Legislative actions:
action_date: 2008-02-12
text: See also H.R.3773.
action_date: 2008-02-12
text: Returned to the Calendar. Calendar No. 512.
action_date: 2008-02-12
text: Senate vitiated previous passage.
action_date: 2008-02-12
text: Senate incorporated this measure in H.R.3773 as an amendment.
action_date: 2008-02-12
text: Passed Senate with an amendment by Yea-Nay Vote. 68 - 29. Record Vote Number: 20.
action_date: 2008-02-12
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 68 - 29. Record Vote Number: 20.
action_date: 2008-02-12
text: Cloture on the measure invoked in Senate by Yea-Nay Vote. 69 - 29. Record Vote Number: 19. (consideration: CR S890)
action_date: 2008-02-12
text: The bill was read the third time.
action_date: 2008-02-12
text: Considered by Senate. (consideration: CR S880-891, S891-904)
action_date: 2008-02-11
text: Considered by Senate. (consideration: CR S827-844, S845)
action_date: 2008-02-08
text: Cloture motion on the bill presented in Senate. (consideration: CR S813; text: CR S813)
action_date: 2008-02-08
text: Considered by Senate. (consideration: CR S805-807)
action_date: 2008-02-07
text: Considered by Senate. (consideration: CR S775-778)
action_date: 2008-02-06
text: Considered by Senate. (consideration: CR S686-688, S688-692, S697-700, S703, S704-710, S712-714)
action_date: 2008-02-05
text: Considered by Senate. (consideration: CR S639-648, S650-655)
action_date: 2008-02-04
text: Considered by Senate. (CR S564-575, S575-580)
action_date: 2008-01-31
text: Considered by Senate. (consideration: CR S535-537)
action_date: 2008-01-28
text: Considered by Senate. (consideration: CR S375-388)
action_date: 2008-01-25
text: Considered by Senate. (consideration: CR S305-306, S307-310, S310-315, S317-320, S320-322)
action_date: 2008-01-24
text: Motion to table the committee substitute, as modified, agreed to in Senate by Yea-Nay Vote. 60 - 36. Record Vote Number: 2. (consideration: CR S227-256)
action_date: 2008-01-24
text: Considered by Senate. (consideration: CR S227-265, S266-270, S270-271, S302)
action_date: 2008-01-23
text: The committee substitute was modified by Unanimous Consent. (text as modified: CR S184-191)
action_date: 2008-01-23
text: Considered by Senate. (consideration: CR S179-193; text as reported in Senate: CR S179-184)
action_date: 2008-01-22
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-258. Additional and Minority views filed.
action_date: 2008-01-22
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-258. Additional and Minority views filed.
action_date: 2007-12-17
text: Measure laid before Senate by motion. (consideration: CR S15726-15767)
action_date: 2007-12-17
text: Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 76 - 10. Record Vote Number: 435. (consideration: CR S15726; text: CR S15726)
action_date: 2007-12-17
text: Motion to proceed to measure considered in Senate. (consideration: CR S15710-15726)
action_date: 2007-12-14
text: Motion to proceed to consideration of measure withdrawn in Senate.
action_date: 2007-12-14
text: Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S15647; text: CR S15647)
action_date: 2007-12-14
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S15644-15647)
action_date: 2007-11-16
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 512.
action_date: 2007-11-16
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2007-11-16
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2007-11-16
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2007-11-15
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2007-11-01
text: 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.
action_date: 2007-10-31
text: Committee on the Judiciary. Hearings held.
action_date: 2007-10-26
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 453.
action_date: 2007-10-26
text: Select Committee on Intelligence. Original measure reported to Senate by Senator Rockefeller. With written report No. 110-209. Additional and Minority views filed.
action_date: 2007-10-26
text: Select Committee on Intelligence. Original measure reported to Senate by Senator Rockefeller. With written report No. 110-209. Additional and Minority views filed.
action_date: 2007-10-26
text: Introduced in Senate