[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3756 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3756

     To provide for the public disclosure of information regarding 
surveillance activities under the Foreign Intelligence Surveillance Act 
                                of 1978.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 12, 2013

  Mr. Perry 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 provide for the public disclosure of information regarding 
surveillance activities under 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. PUBLIC DISCLOSURE OF INFORMATION REGARDING SURVEILLANCE 
              ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE 
              ACT OF 1978.

    (a) Definitions.--In this section:
            (1) FISA court.--The term ``FISA Court'' means a court 
        established under section 103 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803).
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
    (b) Requirement To Disclose.--
            (1) In general.--If a FISA Court issues a decision that 
        determines that surveillance activities conducted by the 
        Government of the United States have violated the laws or 
        Constitution of the United States, the Attorney General shall 
        publicly disclose the decision in a manner consistent with the 
        protection of the national security of the United States.
            (2) Disclosure described.--For each disclosure required by 
        paragraph (1), the Attorney General shall make available to the 
        public documents sufficient to identify with particularity the 
        statutory or constitutional provision that was determined to 
        have been violated.
            (3) Documents described.--The Attorney General shall 
        satisfy the disclosure requirements in paragraph (2) by--
                    (A) releasing a FISA Court decision in its entirety 
                or as redacted; or
                    (B) releasing a summary of a FISA Court decision.
            (4) Extensive disclosure.--The Attorney General shall 
        release as much information regarding the facts and analysis 
        contained in a decision described in paragraph (1) or documents 
        described in paragraph (3) as is consistent with legitimate 
        national security concerns.
            (5) Timing of disclosure.--A decision that is required to 
        be disclosed under paragraph (1) shall be disclosed not later 
        than 60 days after the decision is issued.
    (c) Director of National Intelligence Disclosures to Congress and 
the Public.--
            (1) Requirement for disclosures to congress.--Not later 
        than 90 days after the date of the enactment of this Act, the 
        Director of National Intelligence shall provide to Congress, in 
        writing, the following information:
                    (A) Whether the National Security Agency or any 
                other element of the intelligence community has ever 
                collected the cell-site location information of a large 
                number of United States persons with no known 
                connection to suspicious activity, or made plans to 
                collect such information.
                    (B) A description of the type and amount of 
                evidence the Director of National Intelligence believes 
                is required to permit the collection of cell-site 
                location information of United States persons for 
                intelligence purposes.
                    (C) Whether the National Security Agency or any 
                other element of the intelligence community has ever 
                conducted a warrantless search of a collection of 
                communications collected under section 702 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1881a) in an effort to find the communications 
                of a particular United States person (other than a 
                corporation).
                    (D) If the National Security Agency or any other 
                element of the intelligence community has conducted a 
                search described in subparagraph (C), the number of 
                such searches that have been conducted or an estimate 
                of such number if it is not possible to provide a 
                precise count.
                    (E) A specific description of when the United 
                States Government first began relying on authorities 
                under the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801 et seq.) to justify the collection of 
                records pertaining to large numbers of United States 
                persons with no known connection to suspicious 
                activity.
                    (F) Whether representations made to the Supreme 
                Court of the United States by the Department of Justice 
                in the case of Clapper v. Amnesty International USA 
                accurately described the use of authorities under the 
                Foreign Intelligence Surveillance Act of 1978 by the 
                United States Government, and if any representations 
                were inaccurate, which representations were inaccurate 
                and how such representations have been corrected.
                    (G) A listing of FISA Court opinions that 
                identified violations of the law, the Constitution, or 
                FISA Court orders with regard to collection carried out 
                pursuant to section 402, 501, or 702 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1842, 
                1861, and 1881a) and a description of the violations 
                identified by a FISA Court.
            (2) Form of disclosures.--
                    (A) Disclosures to the public.--The written 
                submission required by paragraph (1) shall be made 
                available to the public not later than 15 days after 
                the date it is submitted to Congress.
                    (B) Redactions.--If the Director of National 
                Intelligence believes that public disclosure of 
                information in the written submission required by 
                paragraph (1) could cause significant harm to national 
                security, the Director may redact such information from 
                the version made available to the public.
                    (C) Submission to congress.--If the Director 
                redacts information under subparagraph (B), not later 
                than 30 days after the date the written submission 
                required by paragraph (1) is made available to the 
                public under subparagraph (A), the Director shall 
                submit to the Select Committee on Intelligence of the 
                Senate and the Permanent Select Committee on 
                Intelligence of the House of Representatives a 
                statement explaining the specific harm to national 
                security that the disclosure of such information could 
                cause.
    (d) Assessment of Economic Impact of Surveillance Activities.--
            (1) Requirement for assessment.--The Comptroller General of 
        the United States, in consultation with the United States 
        International Trade Commission, shall conduct an assessment of 
        the economic impact of bulk collection programs conducted under 
        title IV and title V of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1841 et seq.), as modified by the USA 
        PATRIOT Act (Public Law 107-56; 115 Stat. 272), and of 
        surveillance programs conducted under section 702 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a), in light of the fact that such programs are now public.
            (2) Evaluation.--The assessment required by paragraph (1) 
        shall include an evaluation of the impact of these disclosures 
        on United States communication service providers' ability to 
        compete in foreign markets.
            (3) Submission to congress.--Not later than 270 days after 
        the date of the enactment of this Act, the Comptroller General 
        shall submit to Congress the findings of the assessment 
        required by paragraph (1).
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