Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

110^TH UNITED STATES CONGRESS
2^ND SESSION

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

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title and Table of Contents.

(a) SHORT TITLE.—

This Act may be cited as the ``Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008´´ or
the ``FISA Amendments Act of 2008´´.

(b) TABLE OF CONTENTS.—

The table of contents for this Act is as follows:

Sec. 1. Short Title and Table of Contents.

TITLE I — FOREIGN INTELLIGENCE SURVEILLANCE

Sec. 101. Additional Procedures Regarding Certain Persons Outside the United States.

Sec. 102. Statement of Exclusive Means by Which Electronic Surveillance and Interception of Certain Communications may be Conducted.

Sec. 103. Submittal to Congress of Certain Court Orders Under the Foreign Intelligence Surveillance Act of 1978.

Sec. 104. Applications for Court Orders.

Sec. 105. Issuance of an Order.

Sec. 106. Use of Information.

Sec. 107. Amendments for Physical Searches.

Sec. 108. Amendments for Emergency Pen Registers and Trap and Trace Devices.

Sec. 109. Foreign Intelligence Surveillance Court.

Sec. 110. Weapons of Mass Destruction.

TITLE II — PROTECTIONS FOR ELECTRONIC COMMUNICATION SERVICE PROVIDERS

Sec. 201. Procedures for Implementing Statutory Defenses Under the Foreign Intelligence Surveillance Act of 1978.

Sec. 202. Technical Amendments.

TITLE III — REVIEW OF PREVIOUS ACTIONS

Sec. 301. Review of Previous Actions.

TITLE IV — OTHER PROVISIONS

Sec. 401. Severability.

Sec. 402. Effective Date.

Sec. 403. Repeals.

Sec. 404. Transition Procedures.

Approved July 10, 2008.

Legislative History

• H.R. 6304

• CONGRESSIONAL RECORD, Vol. 154 (2008):
  • June 20, considered and passed House.
  • July 8, 9, considered and passed Senate.
• WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
  • July 9, Presidential remarks.

See Also

• Foreign Intelligence Surveillance Act of 1978 (Public Law 95-511)
• Cable Communications Policy Act of 1984 (Public Law 98-549), Section 6
• Counterintelligence and Security Enhancements Act of 1994 (Title VIII of Public Law 103-359)
• Counterintelligence Reform Act of 2000 (Title VI of Public Law 106-567)
• Protect America Act of 2007 (Public Law 110-55)

Executive orders

• Executive Order 12139: Exercise of Certain Authority Respecting Electronic Surveillance
• Executive Order 12949: Foreign Intelligence Physical Searches
• Executive Order 13475: Further Amendments to Executive Orders 12139 and 12949 In Light of the FISA Amendments Act of 2008