Sec. 5. Consolidation of congressional oversight provisions under the Foreign Intelligence Surveillance Act of 1978
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The Foreign Intelligence Surveillance Act of 1978 is amended by striking sections 107, 108, 306, and 406 ( 50 U.S.C. 1807 , 1808, 1826, and 1846). The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by striking the items relating to sections 107, 108, 306, and 406. Section 601 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 ) is amended to read as follows: On a semiannual basis, the Attorney General shall submit to the appropriate committees of Congress a report pursuant to paragraph
(2)concerning all electronic surveillance, physical searches, and uses of pen registers and trap and trace devices conducted under this Act. The report required by paragraph
(1)shall include the following: The total number of— applications made for orders approving electronic surveillance under this Act; such orders either granted, modified, or denied; proposed applications for orders for electronic surveillance submitted pursuant to Rule 9(a) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule, that are not formally presented in the form of a final application under Rule 9(b) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule; named United States person targets of electronic surveillance; emergency authorizations of electronic surveillance granted under this Act and the total number of subsequent orders approving or denying such electronic surveillance; and new compliance incidents arising from electronic surveillance under this Act. The total number of— applications made for orders approving physical search under this Act; such orders either granted, modified, or denied; proposed applications for orders for physical searches submitted pursuant to Rule 9(a) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule, that are not formally presented in the form of a final application under Rule 9(b) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule; named United States person targets of physical searches; emergency authorizations of physical searches granted under this Act and the total number of subsequent orders approving or denying such physical searches; and new compliance incidents arising from physical searches under this Act. The total number of— applications made for orders approving the use of pen registers or trap and trace devices under this Act; such orders either granted, modified, or denied; proposed applications for orders for pen registers or trap and trace devices submitted pursuant to Rule 9(a) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule, that are not formally presented in the form of a final application under Rule 9(b) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule; named United States person targets of pen registers or trap and trace devices; emergency authorizations of the use of pen registers or trap and trace devices granted under this Act and the total number of subsequent orders approving or denying such use of pen registers or trap and trace devices; and new compliance incidents arising from the use of pen registers or trap and trace devices under this Act. A summary of each compliance incident reported under subparagraphs (A)(vi), (B)(vi), and (C)(vi). A summary of significant legal interpretations of this Act involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, including interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. The Attorney General shall submit to the appropriate committees of Congress a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes a significant construction or interpretation of any provision of this Act, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued. The Director of National Intelligence, in consultation with the Attorney General, may authorize redactions of materials described in subsection
(b)that are provided to the appropriate committees of Congress if such redactions are necessary to protect properly classified information. Consistent with the rules and practices of the Senate and the House of Representatives, each report submitted pursuant to subsection (a)(2) and each submission made pursuant to subsection
(b)shall be made available to every member of Congress, subject to appropriate procedures for the storage and handling of classified information. Subject to paragraph (2), the Attorney General, in consultation with the Director of National Intelligence, shall make available to the public an unclassified annual summary of the reports submitted under subsection
(a)that, to the maximum extent practicable consistent with the protection of classified information, includes the information contained in the report submitted pursuant to subsection (a)(2). In each report made available to the public under paragraph (1), the Attorney General shall include, at a minimum, the information required under subparagraphs (A), (B), and
(C)of subsection (a)(2), which may be presented as annual totals. Nothing in this title may be construed to limit the authority and responsibility of an appropriate committee of Congress to obtain any information required by such committee to carry out its functions and duties. In this section: The term appropriate committees of Congress means— the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. The term electronic surveillance has the meaning given that term in section 101 of this Act. The term Foreign Intelligence Surveillance Court means the court established under section 103(a) of this Act. The term Foreign Intelligence Surveillance Court of Review means the court established under section 103(b) of this Act. The term pen register has the meaning given that term in section 401 of this Act. The term physical search has the meaning given that term in section 301 of this Act. The term trap and trace device has the meaning given that term in section 401 of this Act. The term United States person has the meaning given that term in section 101 of this Act. . Title VI of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 ) is amended by adding after section 601 the following: Consistent with the rules and practices of the Senate and the House of Representatives, each submission to Congress made pursuant to section 502(b), 702(l)(1), or 707 shall be made available, to every member of Congress, subject to appropriate procedures for the storage and handling of classified information. The Attorney General or the Director of National Intelligence, as appropriate, shall make available to the public unclassified reports that, to the maximum extent practicable consistent with the protection of classified information, include the information contained in each submission to Congress made pursuant to section 502(b), 702(l)(1), or 707. . The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by inserting after the item relating to section 601 the following: Sec. 602. Availability of reports and submissions. .
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Sec. 5
Consolidation of congressional oversight provisions under the Foreign Intelligence Surveillance Act of 1978
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