NSA Accountability Act

NSA Accountability 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 some cases, on behalf of the National Security Agency [NSA]), 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. (Currently, tangible things are considered to be presumptively relevant if the government shows that they pertain to a foreign power or an agent of a foreign power, the activities of a suspected agent of a foreign power who is the subject of such authorized investigation, or an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation.)

Requires, in the case of a violation of the requirements addressing production orders for tangible things, that all unobligated funds made available to carry out such activities in the fiscal year be withheld for the period beginning on the date of such violation until September 30 of such fiscal year.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3070 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3070

 To amend section 501 of the Foreign Intelligence Surveillance Act of 
     1978 to reform access to certain business records for foreign 
intelligence and international terrorism investigations, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2013

 Mr. Fitzpatrick 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 amend section 501 of the Foreign Intelligence Surveillance Act of 
     1978 to reform access to certain business records for foreign 
intelligence and international terrorism investigations, and for other 
                               purposes.

    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 ``NSA Accountability Act''.

SEC. 2. REFORMS TO ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
              INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    (a) In General.--Subsection (b)(2)(A) of section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
            (1) in the matter preceding clause (i)--
                    (A) by inserting ``specific and articulable'' 
                before ``facts showing'';
                    (B) by inserting ``and material'' after ``are 
                relevant''; and
                    (C) 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
            (2) by striking clauses (i) through (iii).
    (b) Withholding of Funds.--Notwithstanding any other provision of 
law, in the case of a violation of section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) in a fiscal 
year, all unobligated funds made available for such fiscal year to 
carry out such section shall be withheld for the period beginning on 
the date of such violation and ending on September 30 of such fiscal 
year.
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