Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.

2/14/2008--Introduced.
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 or FISA Amendments Act of 2008 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize 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 and requirements. 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 of communications; and
(2) maintain under security procedures any records concerning such acquisition. 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 Foreign Intelligence Surveillance Court (Court) and the congressional intelligence committees. 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. 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. 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. 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. Authorizes the acquisition of foreign intelligence information in order to prevent the international proliferation of weapons of mass destruction. Prohibits:
(1) civil actions against a communication service provider, or individual other than such a provider, furnishing surveillance assistance requested from an element of the intelligence community; and
(2) a state from conducting investigations, imposing sanctions, or commencing or maintaining a civil action or other proceeding against a provider furnishing requested assistance.


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Sponsor

• Rep. Vito Fossella [R, NY-13]
• and 64 Co-Sponsors
  • Rep. Michele Bachmann [R, MN-6]
  • Rep. Joe Barton [R, TX-6]
  • Rep. Judy Biggert [R, IL-13]
  • Rep. Gus Bilirakis [R, FL-9]
  • Rep. Marsha Blackburn [R, TN-7]
  • Rep. Roy Blunt [R, MO-7]
  • Rep. John Boehner [R, OH-8]
  • Rep. Charles Boustany [R, LA-7]
  • Rep. Paul Broun [R, GA-10]
  • Rep. Virginia Brown-Waite [R, FL-5]
  • Rep. Michael Burgess [R, TX-26]
  • Rep. Stephen Buyer [R, IN-4]
  • Rep. David Camp [R, MI-4]
  • Rep. Eric Cantor [R, VA-7]
  • Rep. K. Michael Conaway [R, TX-11]
  • Rep. Barbara Cubin [R, WY-0]
  • Rep. Geoff Davis [R, KY-4]
  • Rep. Mario Diaz-Balart [R, FL-25]
  • Rep. Tom Feeney [R, FL-24]
  • Rep. Michael Ferguson [R, NJ-7]
  • Rep. James Forbes [R, VA-4]
  • Rep. Trent Franks [R, AZ-2]
  • Rep. Rodney Frelinghuysen [R, NJ-11]
  • Rep. Jim Gerlach [R, PA-6]
  • Rep. John Gingrey [R, GA-11]
  • Rep. Louis Gohmert [R, TX-1]
  • Rep. Kay Granger [R, TX-12]
  • Rep. Ralph Hall [R, TX-4]
  • Rep. Jeb Hensarling [R, TX-5]
  • Rep. Peter Hoekstra [R, MI-2]
  • Rep. Duncan Hunter [R, CA-52]
  • Rep. Jim Jordan [R, OH-4]
  • Rep. Peter King [R, NY-3]
  • Rep. John Kline [R, MN-2]
  • Rep. John Kuhl [R, NY-29]
  • Rep. Frank LoBiondo [R, NJ-2]
  • Rep. Daniel Lungren [R, CA-3]
  • Rep. Kenny Marchant [R, TX-24]
  • Rep. Kevin McCarthy [R, CA-22]
  • Rep. Thaddeus McCotter [R, MI-11]
  • Rep. Jeff Miller [R, FL-1]
  • Rep. Sue Myrick [R, NC-9]
  • Rep. Todd Platts [R, PA-19]
  • Rep. Ted Poe [R, TX-2]
  • Rep. Tom Price [R, GA-6]
  • Rep. George Radanovich [R, CA-19]
  • Rep. Harold Rogers [R, KY-5]
  • Rep. Dana Rohrabacher [R, CA-46]
  • Rep. Peter Roskam [R, IL-6]
  • Rep. Jean Schmidt [R, OH-2]
  • Rep. Peter Sessions [R, TX-32]
  • Rep. John Shadegg [R, AZ-3]
  • Rep. Christopher Shays [R, CT-4]
  • Rep. John Shimkus [R, IL-19]
  • Rep. William Shuster [R, PA-9]
  • Rep. Michael Simpson [R, ID-2]
  • Rep. Lamar Smith [R, TX-21]
  • Rep. Lee Terry [R, NE-2]
  • Rep. William Thornberry [R, TX-13]
  • Rep. Timothy Walberg [R, MI-7]
  • Rep. Addison Wilson [R, SC-2]
  • Rep. Rob Wittman [R, VA-1]
  • Rep. Frank Wolf [R, VA-10]
  • Rep. C. W. Bill Young [R, FL-10]
  close

Committees

• House Judiciary
• 2 more
  • House Intelligence (Permanent Select)
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.5440

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
February 14, 2008

Show All Actions (7 actions)Hide Actions

All Bill Actions

• Apr 23, 2008: Motion to Discharge Committee filed by Mr. Fossella. Petition No: 110-7. (Discharge petition text with signatures.)
• Apr 23, 2008: Motion to Discharge Committee filed by Mr. Fossella. Petition No: 110-7.
• Mar 17, 2008: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
• Feb 14, 2008: Referred to House Intelligence (Permanent Select)
• Feb 14, 2008: Referred to House Judiciary
• Feb 14, 2008: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• Introduced on Feb 14, 2008.

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Related Bills:

• H.R.3773
• S.2248

Data from the Congressional Research Service

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Blog Coverage

June 09, 2008 FISA Update: Making Progress on a Compromise

(Republicans have also been pushing a discharge petition to force a vote on HR 5440, which reflects the Senate version. That’sa dead letter since Democrats won’t sign it.) So, compromise, Sen. Bond? Bond: We’ve been moving ahead. ...

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May 27, 2008 Politics Trumps Security--Again

More fearful of Speaker Pelosi's wrath than of putting at risk America's ability to intercept overseas terrorist communications, most House Democrats still refuse to sign a bi-partisan discharge petition which would bring HR 5440 to a ...

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May 13, 2008 The Right's Action Alert on FISA

I knew there was some good reason I was still subscribed to RedState's e-mail alerts. The "Blue Dog" Democrats are the conservative Democrats in the House of Representatives. Twenty-one of the Blue Dogs signed a letter to Nancy Pelosi ...

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