To provide a statement of the exclusive means by which electronic surveillance and interception of certain communications may be conducted.
Sen. Dianne Feinstein (D-CA)Legislative Activity
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Senate amendment not agreed to: Amendment SA 3910, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 57 - 41. Record Vote Number: 13.
February 12, 2008
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Senate amendment not agreed to: Amendment SA 3910, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 57 - 41. Record Vote Number: 13.
February 12, 2008
Considered by Senate. (consideration: CR S880, S881-883)
February 12, 2008
Amendment SA 3910, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 57 - 41. Record Vote Number: 13.
February 12, 2008
Proposed amendment SA 3910, pursuant to the order of January 31, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
February 12, 2008
Considered by Senate. (consideration: CR S827, S828-835)
February 11, 2008
Considered by Senate. (consideration: CR S805)
February 8, 2008
Considered by Senate. (consideration: CR S775)
February 7, 2008
Senate amendment proposed (on the floor): Amendment SA 3910 proposed by Senator Feinstein to Amendment SA 3911.(consideration: CR S706-707; text: CR S706-707)
February 6, 2008
Amendment SA 3910 proposed by Senator Feinstein to Amendment SA 3911. (consideration: CR S706-707; text: CR S706-707) To provide a statement of the exclusive means by which electronic surveillance and interception of certain communications may be conducted.
February 6, 2008
Senate amendment submitted
January 24, 2008
Text
Submitted
SA 3910. Mrs. FEINSTEIN (for herself, Mr. Rockefeller, Mr. Leahy, Mr. Nelson of Florida, Mr. Whitehouse, Mr. Wyden, Mr. Hagel, Mr. Menendez, Ms. Snowe, and Mr. Specter) submitted an amendment intended to be proposed by her to the bill S. 2248, to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes; which was ordered to lie on the table; as follows: Strike section 102, and insert the following: SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED. (a) Statement of Exclusive Means.--Title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following new section: ``STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED ``Sec. 112. (a) Except as provided in subsection (b), the procedures of chapters 119, 121 and 206 of title 18, United States Code, and this Act shall be the exclusive means by which electronic surveillance (as defined in section 101(f), regardless of the limitation of section 701) and the interception of domestic wire, oral, or electronic communications may be conducted. ``(b) Only an express statutory authorization for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this Act or chapters 119, 121, or 206 of title 18, United States Code, shall constitute an additional exclusive means for the purpose of subsection (a).''. (b) Offense.--Section 109 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809) is amended-- (1) in subsection (a), by striking ``authorized by statute'' each place it appears in such section and inserting ``authorized by this Act, chapter 119, 121, or 206 of title 18, United States Code, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 112.''; and (2) by adding at the end the following: ``(e) Definition.--For the purpose of this section, the term `electronic surveillance' means electronic surveillance as defined in section 101(f) of this Act regardless of the limitation of section 701 of this Act.''. (c) Conforming Amendments.-- (1) Title 18, united states code.--Section 2511(2) of title 18, United States Code, is amended-- (A) in paragraph (a), by adding at the end the following: ``(iii) If a certification under subparagraph (ii)(B) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision, and shall certify that the statutory requirements have been met.''; and (B) in paragraph (f), by striking ``, as defined in section 101 of such Act,'' and inserting ``(as defined in section 101(f) of such Act regardless of the limitation of section 701 of such Act)''. (2) Table of contents.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding after the item relating to section 111, the following: ``Sec. 112. Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted.''. ______