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{{Economic Policy (U.S.)|congress=110|bill=h6304}} 

{{Article summary| The '''Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008''' (H.R.6304) was a bill in the [[110th Congress]] "to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes..” (Official title)<ref name="ProjectVoteSmart info">Project Vote Smart’s info page on [http://www.votesmart.org/issue_keyvote_detail.php?cs_id=20020 Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (H.R.6304)].</ref> }} 

== Current status  ==

<usbillinfo congress="110" bill="H.6304" /> 

== Bill summary  ==

*Prohibits the targeting of any United States persons who are reasonably believed to be located outside of the United States without the approval of the Foreign Intelligence Surveillance Court (Sec. 101).<ref name="ProjectVoteSmart info" />

*Prohibits the targeting of any person located outside of the United States with the intention of gaining information about a person located within the United States (Sec. 101).<ref name="ProjectVoteSmart info" />

*Prohibits the acquisition of any communications in which the sender and all recipients are reasonably believed to be within the United States (Sec. 101).<ref name="ProjectVoteSmart info" />

*Requires the Attorney General and the Director of National Security to provide the Foreign Intelligence Surveillance Court with a written certification and any supporting affidavit prior to the employment of electronic surveillance (Sec. 101).<ref name="ProjectVoteSmart info" />

*Allows the authorization of foreign surveillance under "emergency" or time-limited circumstances without preliminary Foreign Intelligence Surveillance Court approval provided that relevant applications or certifications are presented to the Court no later than 7 days after the authorization of such surveillance (Sec 101).<ref name="ProjectVoteSmart info" />

*Releases electronic communication providers from liability with regards to civil action that may be brought up in any court due to assistance provided to the government in obtaining electronic surveillance if such assistance was authorized by the President before January 17, 2007 or if such assistance was the subject of written directions from the Attorney General or heads of the intelligence community indicating that the activity was lawful (Sec. 201).<ref name="ProjectVoteSmart info" />

*Mandates that the certification for reauthorization of surveillance orders already in effect must be submitted to the Foreign Intelligence Surveillance Court at least 30 days prior to the expiration of the previous authorization (Sec. 101).<ref name="ProjectVoteSmart info" />

*Requires the Inspectors General of the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, the Department of Defense, and the Inspector General of any intelligence agency that participated in the President's Surveillance Program to submit a comprehensive report to congress within one year of the enactment of this legislation regarding oversight authority, the responsibility of each such Inspector General, and information regarding the implementation and use of the program (Sec. 301).<ref name="ProjectVoteSmart info" />

== Key votes  ==

*Vote to pass a bill related to the acquisition of foreign intelligence via surveillance that defines what type of individuals may be targeted through electronic surveillance and outlines the certification and approval processes that are required as precursors to employing electronic surveillance.<ref name="ProjectVoteSmart info" />

== House  ==

<usvoteinfo year="2008" chamber="house" rollcall="437" /> 

{{Record vote display|U.S. House of Representatives record vote 437, 110th Congress, Session 2}}

== Senate  ==

Sen. Chris Dodd proposed an amendment to strike one of the provisions of the FISA Amendments Act, a provision that offered immunity to telecommunications companies involved in surveillance. The amendment failed to pass; the vote was 32-66.<ref>OpenCongress info page on [http://www.opencongress.org/bill/110-h6304/show FISA Amendments Act of 2008]</ref> 

<usvoteinfo year="2008" chamber="senate" rollcall="164" /> 

<br> 

The Drum Major Institute which supported the amendment, selected the vote for its [[Drum Major Institute 2008 Senate Scorecard|2008 Senate scorecard]], where it gave the following description: 
<blockquote>Granting retroactive immunity to companies that illegally spied on citizens sets a dangerous precedent for corporations to trample the rights of middle-class Americans without having to face any consequences for breaking the law. Telecommunications companies, at the behest of the Bush Administration, illegally monitored American citizens’ private e-mail correspondence, phone calls, password protected web activity, and other communications. This violated Americans’ Fourth Amendment right against unwarranted searches and seizures, the Foreign Intelligence Surveillance Act and the contractual rights of private customers who signed privacy agreements with these companies. Our civil justice system allows regular Americans to hold corporations accountable when they violate cherished rights such as those outlined in our Constitution. Granting retroactive immunity would weaken middle-class Americans’ ability to take on powerful corporations for breaking the law. What’s more, retroactive immunity would weaken the ability of middle-class consumers to trust that their contracts with corporations will be honored and that the legal system will treat their constitutional rights as more than symbolic. In short, granting retroactive immunity would severely undermine Americans' faith in the legal system. Granting retroactive immunity also sets a dangerous precedent by giving the Administration unbridled power, under the guise of pursuing security interests, to pressure companies into violating Americans’ rights with impunity and to protect those corporations from liability for a range of other violations of the law.<ref>From Drum Major Institute, [http://www.drummajorinstitute.org/pdfs/2008_scorecard_layout_output.pdf "TheMiddleClass.org 2008 Congressional Scorecard"]</ref></blockquote> 
The Senate passed the bill on July 9, 2008. 

<usvoteinfo year="2008" chamber="senate" rollcall="168" /> 

{{Record vote display|U.S. Senate record vote 168, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="2" /> 
{{Record vote display|U.S. Senate record vote 2, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="11" /> 
{{Record vote display|U.S. Senate record vote 11, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="13" /> 
{{Record vote display|U.S. Senate record vote 13, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="14" /> 
{{Record vote display|U.S. Senate record vote 14, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="15" /> 
{{Record vote display|U.S. Senate record vote 15, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="16" /> {{Record vote display|U.S. Senate record vote 16, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="18" /> {{Record vote display|U.S. Senate record vote 18, 110th Congress, Session 2}} 

<usvoteinfo year="2008" chamber="senate" rollcall="20" /> {{Record vote display|U.S. Senate record vote 20, 110th Congress, Session 2}}

== Articles and resources  ==

*Fog City Journal's article [http://www.fogcityjournal.com/wordpress/2008/06/20/jackie-speier-says-no-to-wiretappinghouse-passes-fisa-bill-anyway-293-129/ Jackie Speier Says No to Wiretapping House Passes FISA Bill Anyway, 293-129] 20 Jun 2008.

*Senator Kit Bond's position [http://bond.senate.gov/public/index.cfm?FuseAction=PressRoom.NewsReleases&ContentRecord_id=A6FE37BC-CCC8-2C57-C2D2-FE6F2AF3B30C Bond Hails House Passage of Terrorist Surveillance Bill Bipartisan FISA Bill will Protect American Families, Civil Liberties] 20 Jun 2008.

*Congressman Tim Mahoney's position [http://www.mahoney.house.gov/index.php?option=com_content&task=view&id=465&Itemid=34 Bipartisan Legislation Strengthens National Security, Rejects Automatic Immunity for Private Sector Companies, and Protects Civil Liberties] 20 Jun 2008.

*CQPolitics' article [http://www.cqpolitics.com/wmspage.cfm?docID=news-000002902405 FISA Overhaul Set to Clear Senate] 23 Jun 2008.

=== See also  ===

=== References  ===

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