[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 14199-14200]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5066. Mr. BINGAMAN (for himself and Mr. Casey, and Mr. Specter) 
submitted an amendment intended to be proposed by him to the bill H.R. 
6304, to amend the Foreign Intelligence Surveillance Act of 1978 to 
establish a procedure for authorizing certain acquisitions of foreign 
intelligence, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 88, strike line 23 and all that follows 
     through page 90, line 15, and insert the following:
       ``(a) Requirement for Certification.--
       ``(1)  In general.--Notwithstanding any other provision of 
     law other than paragraph (2), a civil action may not lie or 
     be maintained in a Federal or State court against any person 
     for providing assistance to an element of the intelligence 
     community, and shall be promptly dismissed, if the Attorney 
     General certifies to the district court of the United States 
     in which such action is pending that--
       ``(A) any assistance by that person was provided pursuant 
     to an order of the court established under section 103(a) 
     directing such assistance;
       ``(B) any assistance by that person was provided pursuant 
     to a certification in writing under section 2511(2)(a)(ii)(B) 
     or 2709(b) of title 18, United States Code;
       ``(C) any assistance by that person was provided pursuant 
     to a directive under section 102(a)(4), 105B(e), as added by 
     section 2 of the Protect America Act of 2007 (Public Law 110-
     55; 121 Stat. 553), or 702(h) directing such assistance;
       ``(D) in the case of a covered civil action, the assistance 
     alleged to have been provided by the electronic communication 
     service provider was--
       ``(i) in connection with an intelligence activity involving 
     communications that was--

       ``(I) authorized by the President during the period 
     beginning on September 11, 2001, and ending on January 17, 
     2007; and
       ``(II) designed to detect or prevent a terrorist attack, or 
     activities in preparation for a terrorist attack, against the 
     United States; and

       ``(ii) the subject of a written request or directive, or a 
     series of written requests or directives, from the Attorney 
     General or the head of an element of the intelligence 
     community (or the deputy of such person) to the electronic 
     communication service provider indicating that the activity 
     was--

       ``(I) authorized by the President; and
       ``(II) determined to be lawful; or

       ``(E) the person did not provide the alleged assistance.
       ``(2) Limitation on implementation.--
       ``(A) In general.--The Attorney General may not make a 
     certification for any civil action described in paragraph 
     (1)(D) until after the date described in subparagraph (C).
       ``(B) Stay of civil actions.--During the period beginning 
     on the date of the enactment of the FISA Amendments Act of 
     2008 and ending on the date described in subparagraph (C), a 
     civil action described in paragraph (1)(D) shall be stayed by 
     the court in which the civil action is pending.
       ``(C) Date described.--The date described in this 
     subparagraph is the date that is 90 days after the final 
     report described in section 301(c)(2) of the FISA Amendments 
     Act of 2008 is submitted to the appropriate committees of 
     Congress, as required by such section.''.

[[Page 14200]]



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