Number: RL34600
Title: Retroactive Immunity Provided by the FISA Amendments Act of 2008
Authors: Edward C. Liu, American Law Division 
Abstract: In November of 2007, the House of Representatives passed H.R. 3773, the RESTORE Act, which would have amended several provisions of the Foreign Intelligence Surveillance Act (FISA). In February of 2008, the Senate passed an amendment in the nature of a substitute to H.R. 3773. The Senate amendment included, among other things, a provision allowing the Attorney General to seek the dismissal of civil lawsuits brought by private citizens against telecommunications providers that may have assisted the federal government in carrying out warrantless electronic surveillance. In March of 2008, the House responded by passing a third version of H.R. 3773 removing the retroactive immunity provisions, but later passed a compromise bill, H.R. 6304, in June. H.R. 6304 included a variation on the retroactive immunity provisions of the Senate's version of H.R. 3773. In July of 2008, the Senate passed H.R. 6304, also titled the FISA Amendments Act of 2008 (FISA Amendments Act), without modification, and the President subsequently signed it into law. This report discusses the effect of the retroactive immunity provided by the FISA Amendments Act on lawsuits alleging unlawful electronic surveillance by telecommunications providers under a Terrorist Surveillance Program (TSP) between 2001 and 2007.
Pages: 12
Date: July 25, 2008