113 HR 3361 IH: Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act U.S. House of Representatives 2013-10-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS1st SessionH. R. 3361IN THE HOUSE OF REPRESENTATIVESOctober 29, 2013Mr. Sensenbrenner (for himself, Mr. Conyers, Ms. Lofgren, Mr. Amash, Mr. Nadler, Mr. Roe of Tennessee, Ms. Jackson Lee, Mr. Farr, Mr. Polis, Ms. Chu, Ms. Bass, Mr. Richmond, Mr. Thompson of Mississippi, Ms. DelBene, Mr. Rohrabacher, Mr. Mica, Mr. Young of Alaska, Mr. Petri, Mr. Sanford, Mr. Welch, Mr. Grayson, Mr. Duncan of South Carolina, Ms. Eshoo, Mr. Rokita, Mr. Smith of Missouri, Mr. Stewart, Mr. Amodei, Mr. Yoho, Mr. Jeffries, Ms. Norton, Mr. Deutch, Mr. Scott of Virginia, Mr. Quigley, Mr. Hunter, Mr. Garamendi, Mr. Mullin, Mr. Massie, Ms. Lee of California, Ms. Moore, Mr. Duffy, Ms. Gabbard, Mr. Coble, Mr. Terry, Mr. Graves of Georgia, Mr. Pocan, Mr. O’Rourke, Mr. Labrador, Mr. Huffman, Mr. Gowdy, Mr. Coffman, Mr. Mulvaney, Mr. Burgess, Mr. Issa, Mr. Moran, Mr. Gibson, Mr. Honda, Ms. Speier, Mr. Johnson of Georgia, Mr. Gohmert, Mr. Yoder, Mr. Gene Green of Texas, Mr. Huelskamp, Mr. Capuano, Mr. Bentivolio, Mr. Jones, Mr. Thompson of Pennsylvania, Mr. Buchanan, Mr. Long, Mr. Ellison, Mr. Daines, Mr. Michaud, Mr. Lowenthal, Mr. Pearce, Mr. Poe of Texas, Mr. Bera of California, Mr. Griffin of Arkansas, Mr. Blumenauer, Mr. Schweikert, and 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) and Financial Services, 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 concernedA BILLTo reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Title I—FISA business records reformsSec. 101. Privacy protections for business records orders.Sec. 102. Inspector general reports on business records orders.Title II—FISA pen register and trap and trace device reformsSec. 201. Privacy protections for pen registers and trap and trace devices.Sec. 202. Inspector general reports on pen registers and trap and trace devices.Title III—FISA acquisitions targeting persons outside the United States reformsSec. 301. Clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of United States persons.Sec. 302. Protection against collection of wholly domestic communications.Sec. 303. Prohibition on reverse targeting.Sec. 304. Limits on use of unlawfully obtained information.Sec. 305. Modification of FISA Amendments Act of 2008 sunset.Sec. 306. Inspector general reviews of authorities.Title IV—Foreign Intelligence Surveillance Court reformsSec. 401. Office of the Special Advocate.Sec. 402. Foreign Intelligence Surveillance Court disclosure of opinions.Sec. 403. Preservation of rights.Title V—National security letter reformsSec. 501. National security letter authority.Sec. 502. Limitations on disclosure of national security letters.Sec. 503. Judicial review.Sec. 504. Inspector general reports on national security letters.Sec. 505. National security letter sunset.Sec. 506. Technical and conforming amendments.Title VI—FISA and national security letter transparency reformsSec. 601. Third-party reporting on FISA orders and national security letters.Sec. 602. Government reporting on FISA orders.Sec. 603. Government reporting on national security letters.Title VII—Privacy and Civil Liberties Oversight Board subpoena authoritySec. 701. Privacy and Civil Liberties Oversight Board subpoena authority.

.(b)

Table of contents amendment

The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(c)(2) of this Act, is further amended by adding at the end the following new items:TITLE IX—OFFICE OF THE SPECIAL ADVOCATESec. 901. Definitions.Sec. 902. Office of the Special Advocate.Sec. 903. Advocacy before the Foreign Intelligence Surveillance Court.Sec. 904. Appellate review.Sec. 905. Disclosure.Sec. 906. Annual report to Congress..

402.

Foreign Intelligence Surveillance Court disclosure of opinions

Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended—(1)by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and(2)by inserting after subsection (f) the following new subsection:(g)(1)A judge of the court established under subsection (a) who authored an order, opinion, or other decision may sua sponte or on motion by a party request that such order, opinion, or other decision be made publicly available.(2)Upon a request under paragraph (1), the presiding judge of the court established under subsection (a), in consultation with the other judges of such court, may direct that such order, opinion, or other decision be made publicly available.(3)Prior to making an order, opinion, or other decision of the court established under subsection (a) publicly available in accordance with this subsection, the presiding judge of such court may direct the Executive branch to review such order, opinion, or other decision and redact such order, opinion, or other decision as necessary to ensure that properly classified information is appropriately protected..

403.

Preservation of rights

Nothing in this title or an amendment made by this title shall be construed—(1)to provide the Attorney General with authority to prevent the FISA Court or FISA Court of Review from declassifying decisions or releasing information pursuant to this title or an amendment made by this title; and(2)to eliminate the public’s ability to secure information under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act) or any other provision of law.