Sec. 402. Consolidation of congressional oversight provisions
2,223 words·~10 min read·
/bill/114/s/1469/is/section-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 is amended by striking the items relating to sections 107, 108, 306, and 406. Title VI ( 50 U.S.C. 1871 ) is amended by striking section 601 and inserting the following: In this title: 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. 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. Consistent with the rules and practices of the Senate and the House of Representatives, each report submitted pursuant to subsection (a)(2) 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. 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. . A person subject to a nondisclosure requirement accompanying an order or directive under this Act or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following information using one of the following structures: A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of— the number of national security letters received, reported in bands of 1000 starting with 0–999; the number of customer selectors targeted by national security letters, reported in bands of 1000 starting with 0–999; the number of orders or directives received, combined, under this Act for contents, reported in bands of 1000 starting with 0–999; the number of customer selectors targeted under orders or directives received, combined, under this Act for contents reported in bands of 1000 starting with 0–999; the number of orders received under this Act for noncontents, reported in bands of 1000 starting with 0–999; and the number of customer selectors targeted under orders under this Act for noncontents, reported in bands of 1000 starting with 0–999, pursuant to— title IV; title V with respect to applications described in section 501(b)(2)(B); and title V with respect to applications described in section 501(b)(2)(C). A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of— the number of national security letters received, reported in bands of 500 starting with 0–499; the number of customer selectors targeted by national security letters, reported in bands of 500 starting with 0–499; the number of orders or directives received, combined, under this Act for contents, reported in bands of 500 starting with 0–499; the number of customer selectors targeted under orders or directives received, combined, under this Act for contents, reported in bands of 500 starting with 0–499; the number of orders received under this Act for noncontents, reported in bands of 500 starting with 0–499; and the number of customer selectors targeted under orders received under this Act for noncontents, reported in bands of 500 starting with 0–499. A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply in the into separate categories of— the total number of all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 250 starting with 0–249; and the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 250 starting with 0–249. An annual report that aggregates the number of orders, directives, and national security letters the person was required to comply with into separate categories of— the total number of all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 100 starting with 0–99; and the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 100 starting with 0–99.
(1)or
(2)A report described in paragraph
(1)or
(2)of subsection
(a)shall include only information— relating to national security letters for the previous 180 days; and relating to authorities under this Act for the 180-day period of time ending on the date that is not less than 180 days prior to the date of the publication of such report, except that with respect to a platform, product, or service for which a person did not previously receive an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or service) such report shall not include any information relating to such new order or directive until 540 days after the date on which such new order or directive is received.
(3)A report described in paragraph
(3)of subsection
(a)shall include only information relating to the previous 180 days.
(4)A report described in paragraph
(4)of subsection
(a)shall include only information for the 1-year period of time ending on the date that is not less than 1 year prior to the date of the publication of such report. Nothing in this section prohibits the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section. In this section: The term contents has the meaning given that term under section 2510 of title 18, United States Code. The term national security letter has the meaning given that term under section 603. Not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this Act, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this Act or a novel application of any provision of this Act, the Attorney General shall submit to the appropriate committees of Congress a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion. . Section 403(b)(2)(B) of the FISA Amendments Act of 2008 ( 50 U.S.C. 1871 note) is amended to read as follows: subject to section 404, section 603(a)(1) of such Act is amended— in subsection (a), by striking section 502(b), 702(l)(1), or 707 and inserting section 502(b) ; and in subsection (b), by striking section 502(b), 702(l)(1), or 707. and inserting section 502(b). ; and . Section 404(b)(4) of the FISA Amendments Act of 2008 ( 50 U.S.C. 1801 note) is amended— by amending subparagraph
(A)to read as follows: Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), the reporting requirements of title VI of such Act related to sections 702(l)(1) and 707, and sections 702(l) and 707 of such Act, as added by section 101(a), shall continue to apply until the date that the certification described in subparagraph
(B)is submitted. ; and by amending subparagraph (B)(iv) to read as follows: that states that the information required to be included in a review, assessment, or report under title VI of such Act, or section 702(l) or 707 of such Act, as added by section 101(a), relating to any acquisition conducted under title VII of such Act, as amended by section 101(a), has been included in a review, assessment, or report under such title IV or section 702(l) or 707. . The table of contents in the first section is amended by striking the item relating to section 601 and inserting the following: Sec. 601. Definitions. Sec. 602. Semiannual report of the Attorney General. Sec. 603. Availability of reports and submissions. Sec. 604. Public reporting by persons subject to orders. Sec. 605. Reporting requirements for decisions, orders, and opinions of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. .
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources