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S.2248 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007
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 Bill Titles
- Official: 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. as introduced.
- Short: Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 as reported to senate.
- Short: FISA Amendments Act of 2007 as reported to senate.
11/16/2007--Reported to Senate amended. 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 concernin more...g 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. THOMAS Home | Contact | Accessibility | Legal | FirstGov
|February 12, 2008||Senate||On the Cloture Motion (Motion to Invoke Cloture Re. S. 2248 )||69||29||Cloture Motion Agreed to||Details|
|February 12, 2008||Senate||On the Amendment (Feinstein Amdt. No. 3919 )||41||57||Amendment Rejected||Details|
|February 12, 2008||Senate||On the Amendment (Specter Amdt. No. 3927 )||30||68||Amendment Rejected||Details|
|February 12, 2008||Senate||On the Amendment (Feingold Amdt. No. 3912 )||37||60||Amendment Rejected||Details|
|February 12, 2008||Senate||On the Amendment (Dodd Amdt. No. 3907 )||31||67||Amendment Rejected||Details|
|February 12, 2008||Senate||On the Amendment (Feingold Amdt. No. 3979 )||35||63||Amendment Rejected||Details|
|February 12, 2008||Senate||On the Amendment||57||41||Amendment Rejected||Details|
|February 12, 2008||Senate||On Passage of the Bill (S.2248 as Amended )||68||29||Bill Passed||Details|
|February 07, 2008||Senate||On the Amendment (Feingold Amdt. No. 3913 )||38||57||Amendment Rejected||Details|
|February 07, 2008||Senate||On the Amendment (Feingold Amdt. No. 3915 )||40||56||Amendment Rejected||Details|
|February 06, 2008||Senate||On the Amendment (Cardin Amdt No. 3930 )||49||46||Amendment Rejected||Details|
|January 28, 2008||Senate||On the Cloture Motion (Motion to Invoke Cloture on Amdt. No. 3918 to S. 2248 )||48||45||Cloture Motion Rejected||Details|
|January 28, 2008||Senate||On the Cloture Motion (Motion to Invoke Cloture on Amdt. No. 3911 to S. 2248 )||48||45||Cloture Motion Rejected||Details|
|January 24, 2008||Senate||On the Motion to Table (Motion to Table Committee on the Judiciary Reported Substitute Amendment, as Modified, to S.2248 )||60||36||Motion to Table Agreed to||Details|
|December 17, 2007||Senate||On the Cloture Motion (Motion to Invoke Cloture on the Motion to Proceed to Consider S. 2248 )||76||10||Cloture Motion Agreed to||Details|
All Bill Actions
- Feb 12, 2008: See also H.R.3773.
- Feb 12, 2008: Returned to the Calendar. Calendar No. 512.
- Feb 12, 2008: Senate vitiated previous passage.
- Feb 12, 2008: Senate incorporated this measure in H.R.3773 as an amendment.
- Passed roll in the Senate on Feb 12, 2008. Passed Senate with an amendment by Yea-Nay Vote. 68 - 29. Record Vote Number: 20.
- Feb 12, 2008: Cloture on the measure invoked in Senate by Yea-Nay Vote. 69 - 29. Record Vote Number: 19.
- Feb 12, 2008: The bill was read the third time.
- Feb 12, 2008: Considered by Senate.
- Feb 11, 2008: Considered by Senate.
- Feb 08, 2008: Cloture motion on the bill presented in Senate.
- Feb 08, 2008: Considered by Senate.
- Feb 07, 2008: Considered by Senate.
- Feb 06, 2008: Considered by Senate.
- Feb 05, 2008: Considered by Senate.
- Feb 04, 2008: Considered by Senate. (CR S564-575, S575-580)
- Jan 31, 2008: Considered by Senate.
- Jan 28, 2008: Considered by Senate.
- Jan 25, 2008: Considered by Senate.
- Jan 24, 2008: Motion to table the committee substitute, as modified, agreed to in Senate by Yea-Nay Vote. 60 - 36. Record Vote Number: 2.
- Jan 24, 2008: Considered by Senate.
- Jan 23, 2008: The committee substitute was modified by Unanimous Consent.
- Jan 23, 2008: Considered by Senate.
- Jan 22, 2008: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-258. Additional and Minority views filed.
- Dec 17, 2007: Measure laid before Senate by motion.
- Dec 17, 2007: Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 76 - 10. Record Vote Number: 435.
- Dec 17, 2007: Motion to proceed to measure considered in Senate.
- Dec 14, 2007: Motion to proceed to consideration of measure withdrawn in Senate.
- Dec 14, 2007: Cloture motion on the motion to proceed to the measure presented in Senate.
- Dec 14, 2007: Motion to proceed to consideration of measure made in Senate.
- Added to calendar on Nov 16, 2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 512..
- Nov 16, 2007: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
- Nov 16, 2007: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Nov 15, 2007: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Nov 15, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
- Nov 08, 2007: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
- Nov 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.
- Oct 31, 2007: Committee on the Judiciary. Hearings held.
- Added to calendar on Oct 26, 2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 453..
- Oct 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.
- Introduced on Oct 26, 2007.
Amendments to S.2248
|S.Amdt.3857||Offered||Amendment information not available.|
|S.Amdt.3858||Offered||Amendment information not available.|
|S.Amdt.3859||Offered||Amendment information not available.|
|S.Amdt.3862||Offered||Amendment information not available.|
|S.Amdt.3863||Offered||Amendment information not available.|
|S.Amdt.3866||Offered||Amendment information not available.|
|S.Amdt.3901||Offered||Amendment information not available.|
|S.Amdt.3902||Offered||Amendment information not available.|
|S.Amdt.3903||Offered||Amendment information not available.|
|S.Amdt.3905||Offered||Amendment information not available.|
|S.Amdt.3907||Fail||To strike the provisions providing immunity from civil liability to electronic communication service providers for certain assistance provided to the Government.|
|S.Amdt.3908||Offered||Amendment information not available.|
|S.Amdt.3909||Pass||To require that certain records be submitted to Congress.|
|S.Amdt.3910||Offered||To provide a statement of the exclusive means by which electronic surveillance and interception of certain communications may be conducted.|
|S.Amdt.3911||Pass||In the nature of a substitute.|
|S.Amdt.3912||Fail||To modify the requirements for certifications made prior to the initiation of certain acquisitions.|
|S.Amdt.3913||Fail||To prohibit reverse targeting and protect the rights of Americans who are communicating with people abroad.|
|S.Amdt.3914||Offered||Amendment information not available.|
|S.Amdt.3915||Fail||To place flexible limits on the use of information obtained using unlawful procedures.|
|S.Amdt.3916||Withdrawn||Of a perfecting nature.|
|S.Amdt.3917||Offered||Amendment information not available.|
|S.Amdt.3918||Withdrawn||Relative to the extension of the Protect America Act of 2007.|
|S.Amdt.3919||Offered||To provide for the review of certifications by the Foreign Intelligence Surveillance Court.|
|S.Amdt.3920||Pass||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.|
|S.Amdt.3921||Offered||Amendment information not available.|
|S.Amdt.3922||Offered||Amendment information not available.|
|S.Amdt.3923||Offered||Amendment information not available.|
|S.Amdt.3924||Offered||Amendment information not available.|
|S.Amdt.3925||Offered||Amendment information not available.|
|S.Amdt.3926||Offered||Amendment information not available.|
|S.Amdt.3927||Fail||To provide for the substitution of the United States in certain civil actions.|
|S.Amdt.3928||Offered||Amendment information not available.|
|S.Amdt.3929||Offered||Amendment information not available.|
|S.Amdt.3930||Offered||To modify the sunset provision.|
|S.Amdt.3931||Offered||Amendment information not available.|
|S.Amdt.3932||Pass||To provide for implementation of an order pending appeal.|
|S.Amdt.3933||Offered||Amendment information not available.|
|S.Amdt.3934||Offered||Amendment information not available.|
|S.Amdt.3935||Offered||Amendment information not available.|
|S.Amdt.3936||Offered||Amendment information not available.|
|S.Amdt.3937||Offered||Amendment information not available.|
|S.Amdt.3938||Pass||To include prohibitions on the international proliferation of weapons of mass destruction in the Foreign Intelligence Surveillance Act of 1978.|
|S.Amdt.3939||Offered||Amendment information not available.|
|S.Amdt.3940||Offered||Amendment information not available.|
|S.Amdt.3941||Pass||To expedite the review of challenges to directives under the Foreign Intelligence Surveillance Act of 1978.|
|S.Amdt.3942||Offered||Amendment information not available.|
|S.Amdt.3943||Offered||Amendment information not available.|
|S.Amdt.3944||Offered||Amendment information not available.|
|S.Amdt.3945||Pass||To strike the time limitation for certain appeals.|
|S.Amdt.3946||Offered||Amendment information not available.|
|S.Amdt.3947||Offered||Amendment information not available.|
|S.Amdt.3948||Offered||Amendment information not available.|
|S.Amdt.3949||Offered||Amendment information not available.|
|S.Amdt.3950||Offered||Amendment information not available.|
|S.Amdt.3951||Offered||Amendment information not available.|
|S.Amdt.3952||Offered||Amendment information not available.|
|S.Amdt.3953||Offered||Amendment information not available.|
|S.Amdt.3954||Offered||Amendment information not available.|
|S.Amdt.3955||Offered||Amendment information not available.|
|S.Amdt.3956||Offered||Amendment information not available.|
|S.Amdt.3957||Offered||Amendment information not available.|
|S.Amdt.3958||Offered||Amendment information not available.|
|S.Amdt.3959||Offered||Amendment information not available.|
|S.Amdt.3960||Pass||To clarify that the authority under title VII of the Foreign Intelligence Surveillance Act of 1978 does not extend to purely domestic communications.|
|S.Amdt.3969||Offered||Amendment information not available.|
|S.Amdt.3970||Offered||Amendment information not available.|
|S.Amdt.3977||Offered||Amendment information not available.|
|S.Amdt.3979||Fail||To provide safeguards for communications involving persons inside the United States.|
|S.Amdt.4018||Pass||To make technical corrections.|
|Introduced||Voted on by Senate||Voted on by House||Considered By President||Bill Becomes Law|
|October 26, 2007||February 12, 2008|
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