Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act or the LIBERT-E Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) (as amended by the USA PATRIOT Act) to require the Federal Bureau of Investigation (FBI), in applications for court orders requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, to include a statement of specific and articulable facts showing reasonable grounds to believe that such things are relevant and material to an authorized investigation. (Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation.)
Requires that the items sought pertain only to an individual that is the subject of such investigation.
Removes a list of production items currently designated as presumptively relevant.
Requires a judge approving the release of such tangible things to enter orders directing the applicant to notify each person required to produce items of the right to challenge the legality of a production or nondisclosure order as well as the procedures for filing a petition for such a challenge.
Removes a requirement that a judge considering a petition to modify or set aside a nondisclosure order treat as conclusive a certification by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger national security or interfere with diplomatic relations.
Directs the Attorney General to make available to all Members of Congress information currently provided to House and Senate intelligence and judiciary committees, including the number of persons targeted for FISA orders, the number of times the Attorney General has authorized such information to be used in a criminal proceeding, and copies of applications, pleadings, orders, and decisions in matters before the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review.
Requires unclassified summaries of significant decisions, orders, or opinions of such Courts to be made available to the public.
Directs the Inspector General of the Department of Justice (DOJ) and inspectors general of each element of the intelligence community authorized to acquire information pursuant to specified FISA orders to jointly report to Congress on the impact of such acquisitions on the privacy interests of U.S. persons. Requires the DOJ Inspector General to make such report available to the public, with any redactions limited to those necessary to protect properly classified information.
Requires assessments and reviews regarding guidelines for targeting certain persons located outside the United States and minimization procedures to be submitted in unclassified form, with a classified annex permitted.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2399 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2399
To prevent the mass collection of records of innocent Americans under
section 501 of the Foreign Intelligence Surveillance Act of 1978, as
amended by section 215 of the USA PATRIOT Act, and to provide for
greater accountability and transparency in the implementation of the
USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2013
Mr. Conyers (for himself, Mr. Amash, Mr. Nadler, Mr. Mulvaney, Ms.
Jackson Lee, Mr. Broun of Georgia, Mr. Johnson of Georgia, Mr. Duncan
of Tennessee, Ms. Chu, Mr. Griffith of Virginia, Ms. DelBene, Mr.
Jones, Mr. Enyart, Mr. Massie, Ms. Gabbard, Mr. McClintock, Mr.
Grijalva, Mr. Pearce, Mr. Holt, Mr. Radel, Ms. Lee of California, Mr.
Salmon, Mr. McDermott, Mr. Sanford, Mr. McGovern, Mr. O'Rourke, Mr.
Polis, Ms. Sinema, Mr. Welch, and Ms. Lofgren) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Select Committee on Intelligence (Permanent Select),
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To prevent the mass collection of records of innocent Americans under
section 501 of the Foreign Intelligence Surveillance Act of 1978, as
amended by section 215 of the USA PATRIOT Act, and to provide for
greater accountability and transparency in the implementation of the
USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limiting Internet and Blanket
Electronic Review of Telecommunications and Email Act'' or ``LIBERT-E
Act''.
SEC. 2. REFORMS TO ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
Section 501 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861) is amended--
(1) in subsection (b)(2)(A)--
(A) in the matter preceding clause (i)--
(i) by inserting ``specific and
articulable'' before ``facts showing'';
(ii) by inserting ``and material'' after
``are relevant''; and
(iii) by striking ``clandestine
intelligence activities'' and all that follows
and inserting ``clandestine intelligence
activities and pertain only to an individual
that is the subject of such investigation;
and''; and
(B) by striking clauses (i) through (iii);
(2) in subsection (c)(2)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) shall direct the applicant to provide notice
to each person required to produce a tangible thing
under the order of--
``(i) the right to challenge the legality
of a production order or nondisclosure order
(as defined in subsection (f)) by filing a
petition in accordance with subsection (f); and
``(ii) the procedures to follow to file
such a petition in accordance with such
subsection.''; and
(3) in subsection (f)(2)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in the first sentence, by
striking ``production order'' and
inserting ``production order or
nondisclosure order''; and
(II) by striking the second
sentence; and
(ii) in clause (ii) in the third sentence,
by striking ``production order or nondisclosure
order'' and inserting ``order''; and
(B) in subparagraph (C)--
(i) by striking clause (ii); and
(ii) by redesignating clause (iii) as
clause (ii).
SEC. 3. ADDITIONAL DISCLOSURES TO CONGRESS AND THE PUBLIC.
(a) In General.--Section 601 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Additional Disclosures to Congress and the Public.--
``(1) All members of congress.--Not later than 45 days
after the date on which the Attorney General submits a report,
decision, order, opinion, pleading, application, or memoranda
of law under subsection (a) or (c), the Attorney General shall
make such report, decision, order, opinion, pleading,
application, or memoranda of law available to all Members of
Congress (including the Delegates and Resident Commissioner to
the Congress) in a manner consistent with the protection of
national security.
``(2) Unclassified summaries of decisions, orders, or
opinions.--Not later than 180 days after the date on which the
Attorney General submits a decision, order, or opinion under
subsection (c), the Attorney General shall make publicly
available an unclassified summary of such decision, order, or
opinion.''.
(b) Submissions Made Prior to Date of Enactment.--
(1) All members of congress.--Not later than 45 days after
the date of the enactment of this Act, the Attorney General
shall make each report, decision, order, opinion, pleading,
application, or memoranda of law submitted under subsection (a)
or (c) of section 601 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1871) prior to the date of the enactment
of this Act available to all Members of Congress (including the
Delegates and Resident Commissioner to the Congress) in a
manner consistent with the protection of national security.
(2) Unclassified summaries of decisions, orders, or
opinions.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall make publicly
available an unclassified summary of each decision, order, or
opinion submitted under section 601(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(c)) prior
to the date of the enactment of this Act.
SEC. 4. REPORT ON IMPACT OF PROVISIONS RELATING TO ACCESS TO CERTAIN
BUSINESS RECORDS AND TARGETING NON-UNITED STATES PERSONS
OUTSIDE OF THE UNITED STATES ON PRIVACY OF PERSONS
LOCATED IN THE UNITED STATES.
(a) Report.--Not later than one year after the date of enactment of
this Act, the Inspector General of the Department of Justice and the
inspector general of each element of the intelligence community
authorized to acquire information pursuant to an order under section
501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861) or an order or determination under section 702 of such Act (50
U.S.C. 1881a) on or after October 26, 2001, shall jointly submit to
Congress a report on the impact of acquisitions made under such section
501 or such section 702 on or after October 26, 2001, on the privacy
interests of United States persons.
(b) Contents.--The report required by subsection (a) shall include
the following
(1) An assessment of the impact that implementation of
section 501 (as in effect on or after October 26, 2001) and
section 702 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861, 1881a) has had on the privacy of persons
inside the United States.
(2) An assessment of the extent to which acquisitions made
under such section 501 and such section 702 have resulted in
the acquisition or review of the contents of communications of
persons located inside the United States, including--
(A) the number of persons located inside the United
States who have had the contents of their
communications acquired under such section 501 or such
section 702, and the number of persons located inside
the United States who have had the contents of their
communications reviewed under such section 501 or such
section 702; or
(B) if it is not possible to determine such
numbers, the estimate of the inspectors general of such
numbers made using representative sampling or other
analytical techniques.
(3) A review of the inspectors general of incidents of non-
compliance with such section 501 or such section 702, with a
particular focus on any types of non-compliance incidents that
have recurred, and the impact of such non-compliance on the
privacy of persons inside the United States.
(c) Disclosure to the Public.--Not later than 180 days after the
date on which the report required by subsection (a) is submitted, the
Inspector General of the Department of Justice shall make such report
available to the public, with any redactions limited to those that are
necessary to protect properly classified information.
(d) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given the term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 5. FORM OF ASSESSMENTS OF PROCEDURES TARGETING CERTAIN PERSONS
LOCATED OUTSIDE THE UNITED STATES.
Section 702(l) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a) is amended by adding at the end the following new
paragraph:
``(4) Form of assessments and reviews.--Each assessment or
review required under paragraph (1), (2), or (3) shall be
submitted or provided in unclassified form, but may include a
classified annex.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E899-890)
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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