Sec. 3. Congressional review and oversight of abouts collection
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Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(b) ) is amended— in paragraph (4), by striking and at the end; by redesignating paragraph
(5)as paragraph (6); and by inserting after paragraph
(4)the following: may not intentionally acquire communications that contain a reference to, but are not to or from, a facility, place, premises, or property at which an acquisition authorized under subsection
(a)is directed or conducted, except as provided under subsection (m); and . Section 702 of the Foreign Intelligence Surveillance Act ( 50 U.S.C. 1881a ) is amended by adding at the end the following: In this subsection: The term abouts communication means a communication that contains reference to, but is not to or from, a facility, a place, premises, or property at which an acquisition authorized under subsection
(a)is directed or conducted. The term material breach means significant noncompliance with applicable law or an order of the Foreign Intelligence Surveillance Court concerning any acquisition of abouts communications. The term qualifying legislation means a bill of either House of Congress— the title of which is as follows A bill to prohibit the acquisition of abouts communications. ; and the matter after the enacting clause of which is as follows: Congress disapproves the intentional acquisition under section 702 of the Foreign Intelligence Surveillance Act of 1978 ( . 50 U.S.C. 1881a ) of abouts communications (as defined in subsection
(m)of such section 702). Notwithstanding any other provision of law, and except as provided in paragraph (5), if the Attorney General and the Director of National Intelligence intend to implement the authorization of the intentional acquisition of abouts communications, before the first such implementation after the date of enactment of this subsection, the Attorney General and the Director of National Intelligence shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a written notice of the intent to implement the authorization of such an acquisition, and any supporting materials in accordance with this subsection. During the 30-day period beginning on the date written notice is submitted under subparagraph (A), the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the written notice. Notwithstanding any other provision of law, and subject to paragraph (5), unless the Attorney General and the Director of National Intelligence make a determination pursuant to subsection (c)(2), the Attorney General and the Director of National Intelligence may not implement the authorization of the intentional acquisition of abouts communications before the end of the period described in subparagraph (B). If qualifying legislation is enacted during the 30-day period described in subparagraph (B), the Attorney General and the Director of National Intelligence may not implement the authorization of the intentional acquisition of abouts communications. If qualifying legislation is not enacted during the 30-day period described in subparagraph (B), after the end of such period, the Attorney General and the Director of National Intelligence may implement the authorization of the intentional acquisition of abouts communications. Written notice under paragraph (2)(A) shall include the following: A copy of any certification submitted to the Foreign Intelligence Surveillance Court pursuant to subsection (g), or amendment thereto, authorizing the intentional acquisition of abouts communications, including all affidavits, procedures, exhibits, and attachments submitted therewith. The decision, order, or opinion of the Foreign Intelligence Surveillance Court approving such certification, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion. A summary of the protections in place to detect any material breach. Data or other results of modeling, simulation, or auditing of sample data demonstrating that any acquisition method involving the intentional acquisition of abouts communications shall be conducted in accordance with this title, if such data or other results exist at the time the written notice is submitted and were provided to the Foreign Intelligence Surveillance Court. Except as provided under paragraph (5), a statement that no acquisition authorized under subsection
(a)shall include the intentional acquisition of an abouts communication until after the end of the 30-day period described in paragraph (2)(B). It shall be in order in the Senate and the House of Representatives, not later than 30 days after the date on which written notice is submitted under paragraph (2)(A), or notice of an emergency authorization is provided under paragraph (5), to introduce qualifying legislation, which shall be entitled to expedited consideration under this paragraph. Any committee of the House of Representatives to which qualifying legislation is referred shall report it to the House of Representatives not later than 10 legislative days after the date of the referral. On and after the third legislative day after each committee to which qualifying legislation has been referred reports it to the House of Representatives from its further consideration, it shall be in order to move to proceed to consider the qualifying legislation. The motion to proceed to consideration of the qualifying legislation shall not be debatable. Any committee of the Senate to which qualifying legislation is referred shall report it to the Senate not later than 10 days in which the Senate is in session after the date of the referral. Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time after the committee to which qualifying legislation is referred reports it to the Senate (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the qualifying legislation. The motion to proceed to consideration of the qualifying legislation shall not be debatable. If the Senate proceeds to the consideration of qualifying legislation, consideration of the qualifying legislation, and all amendments, debatable motions, and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. The vote on passage shall occur immediately following the conclusion of the consideration of the qualifying legislation, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. Consideration in the Senate of any veto message with respect to qualifying legislation, including all debatable messages and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. If the Attorney General and the Director of National Intelligence make a determination pursuant to subsection (c)(2) with respect to the intentional acquisition of abouts communications, the Attorney General and the Director of National Intelligence shall notify the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives as soon as practicable, but not later than 7 days after the determination is made. If the Foreign Intelligence Surveillance Court approves a certification that authorizes the intentional acquisition of abouts communications before the end of the 30-day period described in paragraph (2)(B) and qualifying legislation has not been enacted, the Attorney General and the Director of National Intelligence may authorize the immediate implementation or continuation of that certification if the Attorney General and the Director of National Intelligence jointly determine that exigent circumstances exist such that without such immediate implementation or continuation intelligence important to the national security of the United States may be lost or not timely acquired. The Attorney General and Director of National Intelligence shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives notification of a determination pursuant to clause
(i)as soon as practicable, but not later than 3 days after the determination is made. The head of any agency involved in the acquisition of abouts communications shall fully and concurrently inform the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives of a material breach. .
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Sec. 3
Congressional review and oversight of abouts collection
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