Privacy and Civil Liberties Oversight Enhancement Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to include the Privacy and Civil Liberties Oversight Board as a recipient of: (1) FISA court procedural rule changes, decisions, and pleadings; (2) the Attorney General's (DOJ) annual report to the Administrative Office of the U.S. Court regarding applications and orders for electronic surveillance; (3) the Attorney General's reports to Congress concerning electronic surveillance, physical searches, pen registers and trap and trace devices, production of tangible things (commonly referred to as business records), the number of persons targeted by the government under FISA authorities, and procedures for targeting persons; (4) reports by the Attorney General and the Director of National Intelligence (DNI) assessing compliance with minimization procedures for targeting persons reasonably believed to be located outside the United States other than U.S. persons, including reviews of the number of targets who were later determined to be located in the United States; and (5) annual reports of each element of the intelligence community authorized to acquire targeted foreign intelligence information.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4499 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4499
To require reports submitted to Congress under the Foreign Intelligence
Surveillance Act of 1978 to also be submitted to the Privacy and Civil
Liberties Oversight Board.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2014
Mr. Himes 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 require reports submitted to Congress under the Foreign Intelligence
Surveillance Act of 1978 to also be submitted to the Privacy and Civil
Liberties Oversight Board.
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 ``Privacy and Civil Liberties
Oversight Enhancement Act''.
SEC. 2. SUBMISSION OF REPORTS UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
(a) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(b) Foreign Intelligence Surveillance Court Rules.--Section
103(g)(2) (50 U.S.C. 1803(g)(2)) is amended by adding at the end the
following new subparagraph:
``(H) The Privacy and Civil Liberties Oversight Board.''.
(c) Report of Electronic Surveillance.--Section 107 (50 U.S.C.
1807) is amended in the matter preceding paragraph (1) by striking
``Administrative Office of the United States Court and to Congress''
and inserting ``Administrative Office of the United States Court,
Congress, and the Privacy and Civil Liberties Oversight Board''.
(d) Oversight of Electronic Surveillance.--Section 108 (50 U.S.C.
1808) is amended--
(1) in the heading, by striking ``congressional''; and
(2) in subsection (a)(1), by striking ``the House Permanent
Select Committee on Intelligence and the Senate Select
Committee on Intelligence, and the Committee on the Judiciary
of the Senate,'' and inserting ``the Permanent Select Committee
on Intelligence and the Committee on the Judiciary of the House
of Representatives, the Select Committee on Intelligence and
the Committee on the Judiciary of the Senate, and the Privacy
and Civil Liberties Oversight Board''.
(e) Oversight of Physical Searches.--Section 306 (50 U.S.C. 1826)
is amended--
(1) in the heading, by striking ``congressional''; and
(2) in the matter preceding paragraph (1)--
(A) in the first sentence, by striking ``the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate, and the Committee on the
Judiciary of the Senate,'' and inserting ``the
Permanent Select Committee on Intelligence of the House
of Representatives, the Select Committee on
Intelligence of the Senate, the Committees on the
Judiciary of the House of Representatives and the
Senate, and the Privacy and Civil Liberties Oversight
Board''; and
(B) in the second sentence, by striking ``those
committees and the Committee on the Judiciary of the
House of Representatives'' and inserting ``those
committees and the Privacy and Civil Liberties
Oversight Board''.
(f) Oversight of Pen Registers and Trap and Trace Devices.--Section
406 (50 U.S.C. 1846) is amended--
(1) in the heading, by striking ``congressional'';
(2) in subsection (a), by striking ``the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, and the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate,'' and inserting
``the Permanent Select Committee on Intelligence of the House
of Representatives, the Select Committee on Intelligence of the
Senate, the Committees on the Judiciary of the House of
Representatives and the Senate, and the Privacy and Civil
Liberties Oversight Board''; and
(3) in subsection (b), by striking ``the committees
referred to in subsection (a) and to the Committees on the
Judiciary of the House of Representatives and the Senate'' and
inserting ``the committees referred to in subsection (a) and
the Privacy and Civil Liberties Oversight Board''.
(g) Oversight of Production of Certain Business Records.--Section
502 (50 U.S.C. 1862) is amended--
(1) in the heading, by striking ``congressional'';
(2) in subsection (a), by striking ``the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence and the Committee on the
Judiciary of the Senate'' and inserting ``the Permanent Select
Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Committees
on the Judiciary of the House of Representatives and the
Senate, and the Privacy and Civil Liberties Oversight Board'';
and
(3) in subsection (b), by striking ``the House and Senate
Committees on the Judiciary and the House Permanent Select
Committee on Intelligence and the Senate Select Committee on
Intelligence'' and inserting ``the Permanent Select Committee
on Intelligence of the House of Representatives, the Select
Committee on Intelligence of the Senate, the Committees on the
Judiciary of the House of Representatives and the Senate, and
the Privacy and Civil Liberties Oversight Board''.
(h) Semiannual Report of the Attorney General.--Section 601 (50
U.S.C. 1871) is amended--
(1) in subsection (a), by striking ``and the Committees on
the Judiciary of the House of Representatives and the Senate,''
and inserting ``the Committees on the Judiciary of the House of
Representatives and the Senate, and the Privacy and Civil
Liberties Oversight Board'';
(2) in subsection (c), by inserting ``and the Privacy and
Civil Liberties Oversight Board'' after ``subsection (a)''; and
(3) in subsection (d), by inserting ``and the Privacy and
Civil Liberties Oversight Board'' after ``subsection (a)''.
(i) Procedures for Targeting Certain Persons Outside the United
States Other Than United States Persons.--Section 702(l) (50 U.S.C.
1881a(l)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B)(ii), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) the Privacy and Civil Liberties Oversight
Board.'';
(2) in paragraph (2)(D)--
(A) in clause (ii), by striking ``; and'' and
inserting a semicolon;
(B) in clause (iii)(II), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) the Privacy and Civil Liberties
Oversight Board.''; and
(3) in paragraph (3)(C)--
(A) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(B) in clause (iv)(II), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) the Privacy and Civil Liberties
Oversight Board.''.
(j) Oversight of Procedures for Targeting Certain Persons Outside
the United States Other Than United States Persons.--Section 707(a) (50
U.S.C. 1881f(a)) is amended--
(1) in the heading, by striking ``congressional''; and
(2) by inserting ``and the Privacy and Civil Liberties
Oversight Board'' before ``concerning the implementation of
this title''.
<all>
Introduced in House
Introduced in House
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 the Constitution and Civil Justice.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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