S.Amdt. 5059Senate110th Congress (2007-2009)

To limit retroactive immunity for providing assistance to the United States to instances in which a Federal court determines the assistance was provided in connection with an intelligence activity that was constitutional.

Submitted June 25, 2008

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Floor Latest Action

Senate amendment not agreed to: Amendment SA 5059, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 165.

July 9, 2008

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Floor

Senate amendment not agreed to: Amendment SA 5059, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 165.

July 9, 2008

Floor

Roll call votes on amendments in Senate: Amendment SA 5059, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 165.

July 9, 2008

Floor

Considered by Senate. (consideration: CR S6454, S6469)

July 9, 2008

Floor

Amendment SA 5059, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 165.

July 9, 2008

Floor

Proposed amendment SA 5059, pursuant to the order of June 26, 2008, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.

July 9, 2008

Floor

Senate amendment proposed (on the floor): Amendment SA 5059 proposed by Senator Specter.(consideration: CR S6407-6414, S6418-6420; text: CR S6407)

July 8, 2008

Floor

Amendment SA 5059 proposed by Senator Specter. (consideration: CR S6407-6414, S6418-6420; text: CR S6407) To limit retroactive immunity for providing assistance to the United States to instances in which a Federal court determines the assistance was provided in connection with an intelligence activity that was constitutional.

July 8, 2008

Floor

Senate amendment submitted

June 25, 2008

Text

Submitted

SA 5059. 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:

On page 90, strike lines 17 through 21 and insert the
following:
``(1) Review of certifications.--
``(A) In general.--Except as provided in subparagraph (B),
a certification under subsection (a) shall be given effect
unless the court finds that such certification is not
supported by substantial evidence provided to the court
pursuant to this section.
``(B) Covered civil actions.--In a covered civil action
relating to assistance alleged to have been provided in
connection with an intelligence activity involving
communications that was authorized by the President during
the period beginning on September 11, 2001, and ending on
January 17, 2007, a certification under subsection (a) shall
be given effect unless the court--
``(i) finds that such certification is not supported by
substantial evidence provided to the court pursuant to this
section; or
``(ii) determines that the assistance provided by the
applicable electronic communication service provider was
provided in connection with an intelligence activity that
violated the Constitution of the United States.

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