[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1631 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 235
113th CONGRESS
  1st Session
                                S. 1631

 To consolidate the congressional oversight provisions of the Foreign 
     Intelligence Surveillance Act of 1978 and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2013

Mrs. Feinstein, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 To consolidate the congressional oversight provisions of the Foreign 
     Intelligence Surveillance Act of 1978 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 ``FISA Improvements Act of 2013''.

SEC. 2. SUPPLEMENTAL PROCEDURES FOR ACQUISITION OF CERTAIN BUSINESS 
              RECORDS FOR COUNTERTERRORISM PURPOSES.

    (a) Supplemental Procedures for Acquisition of Certain Business 
Records for International Terrorism Investigations.--Section 501 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended by adding at the end the following:
    ``(i) General Prohibition on Bulk Collection of Communication 
Records.--No order issued pursuant to an application made under 
subsection (a) may authorize the acquisition in bulk of wire 
communication or electronic communication records from an entity that 
provides an electronic communication service to the public if such 
order does not name or otherwise identify either individuals or 
facilities, unless such order complies with the supplemental procedures 
under subsection (j).
    ``(j) Authorization for Bulk Collection of Non-content Metadata.--
            ``(1) Supplemental procedures.--Any order directed to the 
        Government under subsection (a) that authorizes the acquisition 
        in bulk of wire communication or electronic communication 
        records, which shall not include the content of such 
        communications, shall be subject to supplemental procedures, 
        which are in addition to any other requirements or procedures 
        imposed by this Act, as follows:
                    ``(A) Content prohibition.--Such an order shall not 
                authorize the acquisition of the content of any 
                communication.
                    ``(B) Authorization and renewal periods.--Such an 
                order--
                            ``(i) shall be effective for a period of 
                        not more than 90 days; and
                            ``(ii) may be extended by the court on the 
                        same basis as an original order upon an 
                        application under this title for an extension 
                        and new findings by the court in accordance 
                        with subsection (c).
                    ``(C) Security procedures for acquired data.--
                Information acquired pursuant to such an order (other 
                than information properly returned in response to a 
                query under subparagraph (D)(iii)) shall be retained by 
                the Government in accordance with security procedures 
                approved by the court in a manner designed to ensure 
                that only authorized personnel will have access to the 
                information in the manner prescribed by this section 
                and the court's order.
                    ``(D) Limited access to data.--Access to 
                information retained in accordance with the procedures 
                described in subparagraph (C) shall be prohibited, 
                except for access--
                            ``(i) to perform a query using a selector 
                        for which a recorded determination has been 
                        made that there is a reasonable articulable 
                        suspicion that the selector is associated with 
                        international terrorism or activities in 
                        preparation therefor;
                            ``(ii) to return information as authorized 
                        under paragraph (3); or
                            ``(iii) as may be necessary for technical 
                        assurance, data management or compliance 
                        purposes, or for the purpose of narrowing the 
                        results of queries, in which case no 
                        information produced pursuant to the order may 
                        be accessed, used, or disclosed for any other 
                        purpose, unless the information is responsive 
                        to a query authorized under paragraph (3).
            ``(2) Record requirement.--
                    ``(A) Determination.--For any determination made 
                pursuant to paragraph (1)(D)(i), a record shall be 
                retained of the selector, the identity of the 
                individual who made the determination, the date and 
                time of the determination, and the information 
                indicating that, at the time of the determination, 
                there was a reasonable articulable suspicion that the 
                selector was associated with international terrorism or 
                activities in preparation therefor.
                    ``(B) Query.--For any query performed pursuant to 
                paragraph (1)(D)(i), a record shall be retained of the 
                identity of the individual who made the query, the date 
                and time of the query, and the selector used to perform 
                the query.
            ``(3) Scope of permissible query return information.--For 
        any query performed pursuant to paragraph (1)(D)(i), the query 
        only may return information concerning communications--
                    ``(A) to or from the selector used to perform the 
                query;
                    ``(B) to or from a selector in communication with 
                the selector used to perform the query; or
                    ``(C) to or from any selector reasonably linked to 
                the selector used to perform the query, in accordance 
                with the court approved minimization procedures 
                required under subsection (g).
            ``(4) Limits on personnel authorized to make determinations 
        or perform queries.--A court order issued pursuant to an 
        application made under subsection (a), and subject to the 
        requirements of this subsection, shall impose strict, 
        reasonable limits, consistent with operational needs, on the 
        number of Government personnel authorized to make a 
        determination or perform a query pursuant to paragraph 
        (1)(D)(i). The Director of National Intelligence shall ensure 
        that each such personnel receives comprehensive training on the 
        applicable laws, policies, and procedures governing such 
        determinations and queries prior to exercising such authority.
            ``(5) Automated reporting.--
                    ``(A) Requirement for automated reporting.--The 
                Director of the National Intelligence, in consultation 
                with the head of the agency responsible for 
                acquisitions pursuant to orders subject to the 
                requirements of this subsection, shall establish a 
                technical procedure whereby the aggregate number of 
                queries performed pursuant to this subsection in the 
                previous quarter shall be recorded automatically, and 
                subsequently reported to the appropriate committees of 
                Congress.
                    ``(B) Availability upon request.--The information 
                reported under subparagraph (A) shall be available to 
                each of the following upon request:
                            ``(i) The Inspector General of the National 
                        Security Agency.
                            ``(ii) The Inspector General of the 
                        Intelligence Community.
                            ``(iii) The Inspector General of the 
                        Department Justice.
                            ``(iv) Appropriate officials of the 
                        Department of Justice.
                            ``(v) Appropriate officials of the National 
                        Security Agency.
                            ``(vi) The Privacy and Civil Liberties 
                        Oversight Board.
            ``(6) Court review of records.--
                    ``(A) Requirement to provide records.--In 
                accordance with minimization procedures required by 
                subsection (g), and subject to subparagraph (B), a copy 
                of each record for a determination prepared pursuant to 
                paragraph (2)(A) shall be promptly provided to the 
                court established under section 103(a).
                    ``(B) Records associated with united states 
                persons.--In accordance with minimization procedures 
                required by subsection (g), a copy of each record for a 
                determination prepared pursuant to paragraph (2)(A) 
                that is reasonably believed to be associated with a 
                particular, known United States person shall be 
                promptly provided the court established under section 
                103(a), but no more than 7 days after the 
                determination.
                    ``(C) Remedy for improper determinations.--If the 
                court finds that the record of the determination 
                indicates the determination did not meet the 
                requirements of this section or is otherwise unlawful, 
                the court may order that production of records under 
                the applicable order be terminated or modified, that 
                the information returned in response to queries using 
                the selector identified in the determination be 
                destroyed, or another appropriate remedy.
            ``(7) Record retention and query restrictions.--
                    ``(A) Record retention.--All records and 
                information produced pursuant to an order subject to 
                this subsection, other than the results of queries as 
                described in paragraph (3), shall be retained no longer 
                than 5 years from the date of acquisition.
                    ``(B) Query restrictions.--The Government shall not 
                query any data acquired under this subsection and 
                retained in accordance with the procedures described in 
                paragraph (1)(C) more than 3 years after such data was 
                acquired unless the Attorney General determines that 
                the query meets the standard set forth in paragraph 
                (1)(D)(i).
            ``(8) Congressional oversight.--A copy of each order issued 
        pursuant to an application made under subsection (a), and 
        subject to the requirements of this subsection, shall be 
        provided to the appropriate committees of Congress.
            ``(9) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Committee on the Judiciary and 
                        the Select Committee on Intelligence of the 
                        Senate; and
                            ``(ii) the Committee on the Judiciary and 
                        the Permanent Select Committee on Intelligence 
                        of the House of Representatives.
                    ``(B) Content.--The term `content', with respect to 
                a communication--
                            ``(i) means any information concerning the 
                        substance, purport, or meaning of that 
                        communication; and
                            ``(ii) does not include any dialing, 
                        routing, addressing, signaling information.
                    ``(C) Electronic communication.--The term 
                `electronic communication' has the meaning given that 
                term in section 2510 of title 18, United States Code.
                    ``(D) Electronic communication service.--The term 
                `electronic communication service' has the meaning 
                given that term in section 2510 of title 18, United 
                States Code.
                    ``(E) Selector.--The term `selector' means an 
                identifier, such as a phone number or electronic 
                account identifier, that is associated with a 
                particular communicant or facility.
                    ``(F) United states person.--The term `United 
                States person' has the meaning given that term in 
                section 101 of this Act.
                    ``(G) Wire communication.--The term `wire 
                communication' has the meaning given that term in 
                section 2510 of title 18, United States Code.''.
    (b) Annual Unclassified Report.--Section 502(c)(1) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1862(c)(1)) is 
amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) for each order subject to the supplemental procedures 
        under section 501(j)--
                    ``(i) the number of unique selectors for which a 
                recorded determination has been made under section 
                501(j)(1)(D)(i) that reasonable articulable suspicion 
                exists that the selector is associated with 
                international terrorism or activities in preparation 
                therefor;
                    ``(ii) the aggregate number of queries performed 
                pursuant to such section;
                    ``(iii) the aggregate number of investigative leads 
                developed as a direct result of any query performed 
                pursuant to subsection (j)(1)(D)(i); and
                    ``(iv) the aggregate number of warrants or court 
                orders, based upon a showing of probable cause, issued 
                pursuant to title I or III of this Act or chapter 119, 
                121, or 205 of title 18, United States Code, in 
                response to applications for such warrants or court 
                orders containing information produced by such 
                queries.''.

SEC. 3. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED ACCESS TO 
              COLLECTED DATA.

    Section 1030 of title 18, United States Code, is amended as 
follows:
            (1) Subsection (a) is amended--
                    (A) in paragraph (5)(C), by striking the period at 
                the end and inserting a semicolon;
                    (B) in paragraph (7)(C), by adding ``or'' at the 
                end; and
                    (C) by inserting after paragraph (7)(C) the 
                following:
            ``(8) accesses a computer without authorization or exceeds 
        authorized access and thereby obtains information from any 
        department or agency of the United States knowing or having 
        reason to know that such computer was operated by or on behalf 
        of the United States and that such information was acquired by 
        the United States pursuant to the Foreign Intelligence 
        Surveillance Act (50 U.S.C. 1801 et seq.) pursuant to an order 
        issued by a court established under section 103 of that Act (50 
        U.S.C. 1803).''.
            (2) Subsection (c) is amended--
                    (A) in paragraph (4)(G)(ii), by striking the period 
                at the end and inserting a semicolon and ``or''; and
                    (B) by adding at the end the following:
            ``(5) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(8) of this section.''.

SEC. 4. APPOINTMENT OF AMICUS CURIAE.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended by adding at the end the following:
    ``(i) Amicus Curiae.--
            ``(1) Authorization.--Notwithstanding any other provision 
        of law, a court established under subsection (a) or (b) is 
        authorized, consistent with the requirement of subsection (c) 
        and any other statutory requirement that the court act 
        expeditiously or within a stated time, to appoint amicus curiae 
        to assist the court in the consideration of a covered 
        application.
            ``(2) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Committee on the Judiciary and 
                        the Select Committee on Intelligence of the 
                        Senate; and
                            ``(ii) the Committee on the Judiciary and 
                        the Permanent Select Committee on Intelligence 
                        of the House of Representatives.
                    ``(B) Covered application.--The term `covered 
                application' means an application for an order or 
                review made to a court established under subsection (a) 
                or (b)--
                            ``(i) that, in the opinion of such a court, 
                        presents a novel or significant interpretation 
                        of the law; and
                            ``(ii) that is--
                                    ``(I) an application for an order 
                                under this title, title III, IV, or V 
                                of this Act, or section 703 or 704 of 
                                this Act;
                                    ``(II) a review of a certification 
                                or procedures under section 702 of this 
                                Act; or
                                    ``(III) a notice of non-compliance 
                                with any such order, certification, or 
                                procedures.
            ``(3) Designation.--The courts established by subsection 
        (a) and (b) shall each designate 1 or more individuals who have 
        been determined by appropriate executive branch officials to be 
        eligible for access to classified national security 
        information, including sensitive compartmented information, who 
        may be appointed to serve as amicus curiae. In appointing an 
        amicus curiae pursuant to paragraph (1), the court may choose 
        from among those so designated.
            ``(4) Expertise.--An individual appointed as an amicus 
        curiae under paragraph (1) may be a special counsel or an 
        expert on privacy and civil liberties, intelligence collection, 
        telecommunications, or any other area that may lend legal or 
        technical expertise to the court.
            ``(5) Duties.--An amicus curiae appointed under paragraph 
        (1) to assist with the consideration of a covered application 
        shall carry out the duties assigned by the appointing court. 
        That court may authorize, to the extent consistent with the 
        case or controversy requirements of Article III of the 
        Constitution of the United States and the national security of 
        the United States, the amicus curiae to review any application, 
        certification, petition, motion, or other submission that the 
        court determines is relevant to the duties assigned by the 
        court.
            ``(6) Notification.--A court established under subsection 
        (a) or (b) shall notify the Attorney General of each exercise 
        of the authority to appoint an amicus curiae under paragraph 
        (1).
            ``(7) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a non-reimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
            ``(8) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, support, or other administration of an 
        amicus curiae appointed under paragraph (1) in a manner that is 
        not inconsistent with this subsection.
            ``(9) Congressional oversight.--The Attorney General shall 
        submit to the appropriate committees of Congress an annual 
        report on the number of notices described in paragraph (6) 
        received by Attorney General for the preceding 12-month 
        period.''.

SEC. 5. CONSOLIDATION OF CONGRESSIONAL OVERSIGHT PROVISIONS UNDER THE 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Repeal of Congressional Oversight Provisions.--
            (1) Repeal.--The Foreign Intelligence Surveillance Act of 
        1978 is amended by striking sections 107, 108, 306, and 406 (50 
        U.S.C. 1807, 1808, 1826, and 1846).
            (2) Table of contents amendment.--The table of contents in 
        the first section of the Foreign Intelligence Surveillance Act 
        of 1978 is amended by striking the items relating to sections 
        107, 108, 306, and 406.
    (b) Semiannual Report of the Attorney General.--Section 601 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is 
amended to read as follows:

``SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.

    ``(a) In General.--
            ``(1) Information.--On a semiannual basis, the Attorney 
        General shall submit to the appropriate committees of Congress 
        a report pursuant to paragraph (2) concerning all electronic 
        surveillance, physical searches, and uses of pen registers and 
        trap and trace devices conducted under this Act.
            ``(2) Report.--The report required by paragraph (1) shall 
        include the following:
                    ``(A) Electronic surveillance.--The total number 
                of--
                            ``(i) applications made for orders 
                        approving electronic surveillance under this 
                        Act;
                            ``(ii) such orders either granted, 
                        modified, or denied;
                            ``(iii) proposed applications for orders 
                        for electronic surveillance submitted pursuant 
                        to Rule 9(a) of the Rules of Procedure for the 
                        Foreign Intelligence Surveillance Court, or any 
                        successor rule, that are not formally presented 
                        in the form of a final application under Rule 
                        9(b) of the Rules of Procedure for the Foreign 
                        Intelligence Surveillance Court, or any 
                        successor rule;
                            ``(iv) named United States person targets 
                        of electronic surveillance;
                            ``(v) emergency authorizations of 
                        electronic surveillance granted under this Act 
                        and the total number of subsequent orders 
                        approving or denying such electronic 
                        surveillance; and
                            ``(vi) new compliance incidents arising 
                        from electronic surveillance under this Act.
                    ``(B) Physical searches.--The total number of--
                            ``(i) applications made for orders 
                        approving physical search under this Act;
                            ``(ii) such orders either granted, 
                        modified, or denied;
                            ``(iii) proposed applications for orders 
                        for physical searches submitted pursuant to 
                        Rule 9(a) of the Rules of Procedure for the 
                        Foreign Intelligence Surveillance Court, or any 
                        successor rule, that are not formally presented 
                        in the form of a final application under Rule 
                        9(b) of the Rules of Procedure for the Foreign 
                        Intelligence Surveillance Court, or any 
                        successor rule;
                            ``(iv) named United States person targets 
                        of physical searches;
                            ``(v) emergency authorizations of physical 
                        searches granted under this Act and the total 
                        number of subsequent orders approving or 
                        denying such physical searches; and
                            ``(vi) new compliance incidents arising 
                        from physical searches under this Act.
                    ``(C) Pen register and trap and trace devices.--The 
                total number of--
                            ``(i) applications made for orders 
                        approving the use of pen registers or trap and 
                        trace devices under this Act;
                            ``(ii) such orders either granted, 
                        modified, or denied;
                            ``(iii) proposed applications for orders 
                        for pen registers or trap and trace devices 
                        submitted pursuant to Rule 9(a) of the Rules of 
                        Procedure for the Foreign Intelligence 
                        Surveillance Court, or any successor rule, that 
                        are not formally presented in the form of a 
                        final application under Rule 9(b) of the Rules 
                        of Procedure for the Foreign Intelligence 
                        Surveillance Court, or any successor rule;
                            ``(iv) named United States person targets 
                        of pen registers or trap and trace devices;
                            ``(v) emergency authorizations of the use 
                        of pen registers or trap and trace devices 
                        granted under this Act and the total number of 
                        subsequent orders approving or denying such use 
                        of pen registers or trap and trace devices; and
                            ``(vi) new compliance incidents arising 
                        from the use of pen registers or trap and trace 
                        devices under this Act.
                    ``(D) Compliance incidents.--A summary of each 
                compliance incident reported under subparagraphs 
                (A)(vi), (B)(vi), and (C)(vi).
                    ``(E) Significant legal interpretations.--A summary 
                of significant legal interpretations of this Act 
                involving matters before the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review, including interpretations 
                presented in applications or pleadings filed with the 
                Foreign Intelligence Surveillance Court or the Foreign 
                Intelligence Surveillance Court of Review.
    ``(b) Submissions of Significant Decisions, Orders, and Opinions.--
The Attorney General shall submit to the appropriate committees of 
Congress a copy of any decision, order, or opinion issued by the 
Foreign Intelligence Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review that includes a significant construction 
or interpretation of any provision of this Act, and any pleadings, 
applications, or memoranda of law associated with such decision, order, 
or opinion, not later than 45 days after such decision, order, or 
opinion is issued.
    ``(c) Protection of National Security.--The Director of National 
Intelligence, in consultation with the Attorney General, may authorize 
redactions of materials described in subsection (b) that are provided 
to the appropriate committees of Congress if such redactions are 
necessary to protect properly classified information.
    ``(d) Availability to Members of Congress.--Consistent with the 
rules and practices of the Senate and the House of Representatives, 
each report submitted pursuant to subsection (a)(2) and each submission 
made pursuant to subsection (b) shall be made available to every member 
of Congress, subject to appropriate procedures for the storage and 
handling of classified information.
    ``(e) Public Report.--
            ``(1) In general.--Subject to paragraph (2), the Attorney 
        General, in consultation with the Director of National 
        Intelligence, shall make available to the public an 
        unclassified annual summary of the reports submitted under 
        subsection (a) that, to the maximum extent practicable 
        consistent with the protection of classified information, 
        includes the information contained in the report submitted 
        pursuant to subsection (a)(2).
            ``(2) Minimum requirements.--In each report made available 
        to the public under paragraph (1), the Attorney General shall 
        include, at a minimum, the information required under 
        subparagraphs (A), (B), and (C) of subsection (a)(2), which may 
        be presented as annual totals.
    ``(f) Construction.--Nothing in this title may be construed to 
limit the authority and responsibility of an appropriate committee of 
Congress to obtain any information required by such committee to carry 
out its functions and duties.
    ``(g) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Select Committee on Intelligence and the 
                Committee on the Judiciary of the Senate; and
                    ``(B) the Permanent Select Committee on 
                Intelligence and the Committee on the Judiciary of the 
                House of Representatives.
            ``(2) Electronic surveillance.--The term `electronic 
        surveillance' has the meaning given that term in section 101 of 
        this Act.
            ``(3) Foreign intelligence surveillance court.--The term 
        `Foreign Intelligence Surveillance Court' means the court 
        established under section 103(a) of this Act.
            ``(4) Foreign intelligence surveillance court of review.--
        The term `Foreign Intelligence Surveillance Court of Review' 
        means the court established under section 103(b) of this Act.
            ``(5) Pen register.--The term `pen register' has the 
        meaning given that term in section 401 of this Act.
            ``(6) Physical search.--The term `physical search' has the 
        meaning given that term in section 301 of this Act.
            ``(7) Trap and trace device.--The term `trap and trace 
        device' has the meaning given that term in section 401 of this 
        Act.
            ``(8) United states person.--The term `United States 
        person' has the meaning given that term in section 101 of this 
        Act.''.
    (c) Availability or Reports and Submissions.--
            (1) In general.--Title VI of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1871) is amended by adding 
        after section 601 the following:

``SEC. 602. AVAILABILITY OF REPORTS AND SUBMISSIONS.

    ``(a) Availability to Members of Congress.--Consistent with the 
rules and practices of the Senate and the House of Representatives, 
each submission to Congress made pursuant to section 502(b), 702(l)(1), 
or 707 shall be made available, to every member of Congress, subject to 
appropriate procedures for the storage and handling of classified 
information.
    ``(b) Public Report.--The Attorney General or the Director of 
National Intelligence, as appropriate, shall make available to the 
public unclassified reports that, to the maximum extent practicable 
consistent with the protection of classified information, include the 
information contained in each submission to Congress made pursuant to 
section 502(b), 702(l)(1), or 707.''.
            (2) Table of contents amendment.--The table of contents in 
        the first section of the Foreign Intelligence Surveillance Act 
        of 1978 is amended by inserting after the item relating to 
        section 601 the following:

``Sec. 602. Availability of reports and submissions.''.

SEC. 6. RESTRICTIONS ON QUERYING THE CONTENTS OF CERTAIN 
              COMMUNICATIONS.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a) is amended by adding at the end the following:
    ``(m) Queries.--
            ``(1) Limitation on query terms that identify a united 
        states person.--A query of the contents of communications 
        acquired under this section with a selector known to be used by 
        a United States person may be conducted by personnel of 
        elements of the Intelligence Community only if the purpose of 
        the query is to obtain foreign intelligence information or 
        information necessary to understand foreign intelligence 
        information or to assess its importance.
            ``(2) Record.--
                    ``(A) In general.--For any query performed pursuant 
                to paragraph (1) a record shall be retained of the 
                identity of the Government personnel who performed the 
                query, the date and time of the query, and the 
                information indicating that the purpose of the query 
                was to obtain foreign intelligence information or 
                information necessary to understand foreign 
                intelligence information or to assess its importance.
                    ``(B) Availability.--Each record prepared pursuant 
                to subparagraph (A) shall be made available to the 
                Department of Justice, the Office of the Director of 
                National Intelligence, appropriate Inspectors General, 
                the Foreign Intelligence Surveillance Court, and the 
                appropriate committees of Congress.
            ``(3) Construction.--Nothing in this subsection may be 
        construed--
                    ``(A) to prohibit access to data collected under 
                this section as may be necessary for technical 
                assurance, data management or compliance purposes, or 
                for the purpose of narrowing the results of queries, in 
                which case no information produced pursuant to the 
                order may be accessed, used, or disclosed other than 
                for such purposes;
                    ``(B) to limit the authority of a law enforcement 
                agency to conduct a query for law enforcement purposes 
                of the contents of communications acquired under this 
                section; or
                    ``(C) to limit the authority of an agency to 
                conduct a query for the purpose of preventing a threat 
                to life or serious bodily harm to any person.
            ``(4) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Select Committee on Intelligence 
                        and the Committee on the Judiciary of the 
                        Senate; and
                            ``(ii) the Permanent Select Committee on 
                        Intelligence and the Committee on the Judiciary 
                        of the House of Representatives.''.
                    ``(B) Content.--The term `content', with respect to 
                a communication--
                            ``(i) means any information concerning the 
                        substance, purport, or meaning of that 
                        communication; and
                            ``(ii) does not include any dialing, 
                        routing, addressing, or signaling information.
                    ``(C) Selector.--The term `selector' means an 
                identifier, such as a phone number or electronic 
                account identifier, that is associated with a 
                particular communicant or facility.''.

SEC. 7. TEMPORARY TARGETING OF PERSONS OTHER THAN UNITED STATES PERSONS 
              TRAVELING INTO THE UNITED STATES.

    (a) In General.--Section 105 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805) is amended--
            (1) by redesignating subsections (f), (g), (h), and (i) as 
        subsections (g), (h), (i), and (j), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f)(1) Notwithstanding any other provision of this Act, 
acquisition of foreign intelligence information by targeting a non-
United States person reasonably believed to be located outside the 
United States that was lawfully initiated by an element of the 
intelligence community may continue for a transitional period not to 
exceed 72 hours from the time when it is recognized that the non-United 
States person is reasonably believed to be located inside the United 
States and that the acquisition is subject to this title or title III 
of this Act, provided that the head of the element determines that 
there exists an exigent circumstance and--
            ``(A) there is reason to believe that the target of the 
        acquisition has communicated or received or will communicate or 
        receive foreign intelligence information relevant to the 
        exigent circumstance; and
            ``(B) it is determined that a request for emergency 
        authorization from the Attorney General in accordance with the 
        terms of this Act is impracticable in light of the exigent 
        circumstance.
    ``(2) The Director of National Intelligence or the head of an 
element of the intelligence community shall promptly notify the 
Attorney General of the decision to exercise the authority under this 
section and shall request emergency authorization from the Attorney 
General pursuant to this Act as soon as practicable, to the extent such 
request is warranted by the facts and circumstances.
    ``(3) Subject to subparagraph (4), the authority under this section 
to continue acquisition of foreign intelligence information is limited 
to 72 hours. However, if the Attorney General authorizes an emergency 
acquisition pursuant to this Act, then acquisition of foreign 
intelligence information may continue for the period of time that the 
Attorney General's emergency authorization or any subsequent court 
order authorizing the acquisition remains in effect.
    ``(4) The authority to acquire foreign intelligence information 
under this subsection shall terminate upon any of the following, 
whichever occurs first--
            ``(A) 72 hours have elapsed since the commencement of the 
        transitional period;
            ``(B) the Attorney General has directed that the 
        acquisition be terminated; or
            ``(C) the exigent circumstance is no longer reasonably 
        believed to exist.
    ``(5) If the Attorney General authorizes an emergency authorization 
during the transitional period, the acquisition of foreign intelligence 
shall continue during any transition to, and consistent with, the 
Attorney General emergency authorization or court order.
    ``(6) Any information of or concerning unconsenting United States 
persons acquired during the transitional period may only be 
disseminated during the transitional period if necessary to 
investigate, prevent, reduce, or eliminate the exigent circumstance or 
if it indicates a threat of death or serious bodily harm to any person.
    ``(7) In the event that during the transition period a request for 
an emergency authorization from the Attorney General pursuant to this 
Act for continued acquisition of foreign intelligence is not approved 
or an order from a court is not obtained to continue the acquisition, 
information obtained during the transitional period shall not be 
retained, except with the approval of the Attorney General if the 
information indicates a threat of death or serious bodily harm to any 
person.
    ``(8) The Attorney General shall assess compliance with the 
requirements of paragraph (7).''.
    (b) Notification of Emergency Employment of Electronic 
Surveillance.--Section 106(j) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1806(j)) is amended by striking ``section 
105(e)'' and inserting ``subsection (e) or (f) of section 105''.

SEC. 8. CONFIRMATION OF APPOINTMENT OF THE DIRECTOR OF THE NATIONAL 
              SECURITY AGENCY.

    (a) Director of the National Security Agency.--Section 2 of the 
National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--
            (1) by inserting ``(b)'' before ``There''; and
            (2) by inserting before subsection (b), as so designated by 
        paragraph (1), the following:
    ``(a)(1) There is a Director of the National Security Agency.
    ``(2) The Director of the National Security Agency shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(3) The Director of the National Security Agency shall be the 
head of the National Security Agency and shall discharge such functions 
and duties as are provided by this Act or otherwise by law or executive 
order.''.
    (b) Position of Importance and Responsibility.--The President may 
designate the Director of the National Security Agency as a position of 
importance and responsibility under section 601 of title 10, United 
States Code.
    (c) Effective Date and Applicability.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act and 
        shall apply upon the earlier of--
                    (A) the date of the nomination by the President of 
                an individual to serve as the Director of the National 
                Security Agency, except that the individual serving as 
                such Director as of the date of the enactment of this 
                Act may continue to perform such duties after such date 
                of nomination and until the individual appointed as 
                such Director, by and with the advice and consent of 
                the Senate, assumes the duties of such Director; or
                    (B) the date of the cessation of the performance of 
                the duties of such Director by the individual 
                performing such duties as of the date of the enactment 
                of this Act.
            (2) Positions of importance and responsibility.--Subsection 
        (b) shall take effect on the date of the enactment of this Act.

SEC. 9. PRESIDENTIAL APPOINTMENT AND SENATE CONFIRMATION OF THE 
              INSPECTOR GENERAL OF THE NATIONAL SECURITY AGENCY.

    (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in section 8G(a)(2), by striking ``the National 
        Security Agency,''; and
            (2) in section 12--
                    (A) in paragraph (1), by striking ``or the Federal 
                Cochairpersons of the Commissions established under 
                section 15301 of title 40, United States Code'' and 
                inserting ``the Federal Cochairpersons of the 
                Commissions established under section 15301 of title 
                40, United States Code; or the Director of the National 
                Security Agency''; and
                    (B) in paragraph (2), by striking ``or the 
                Commissions established under section 15301 of title 
                40, United States Code'' and inserting ``the 
                Commissions established under section 15301 of title 
                40, United States Code, or the National Security 
                Agency''.
    (b) Effective Date; Incumbent.--
            (1) Effective date.--The amendments made by subsection (a) 
        shall take effect on the date on which the first Director of 
        the National Security Agency takes office on or after the date 
        of the enactment of this Act.
            (2) Incumbent.--The individual serving as Inspector General 
        of the National Security Agency on the date of the enactment of 
        this Act shall be eligible to be appointed by the President to 
        a new term of service under section 3 of the Inspector General 
        Act of 1978 (5 U.S.C. App.), by and with the advice and consent 
        of the Senate.

SEC. 10. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.) is amended by adding at the end the following:

``SEC. 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    ``(a) Annual Reports Required.--Not later than April 1 of each 
year, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on violations of law or 
executive order by personnel of an element of the intelligence 
community that were identified during the previous calendar year.
    ``(b) Elements.--Each report required subsection (a) shall include 
a description of any violation of law or executive order (including 
Executive Order No. 12333 (50 U.S.C. 3001 note)) by personnel of an 
element of the intelligence community in the course of such employment 
that, during the previous calendar year, was determined by the 
director, head, general counsel, or inspector general of any element of 
the intelligence community to have occurred.''.
    (b) Clerical Amendment.--The table of sections in the first section 
of the National Security Act of 1947 is amended by adding after the 
section relating to section 508 the following:

``Sec. 509. Annual report on violations of law or executive order.''.

SEC. 11. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR THE 
              ACQUISITION, RETENTION, AND DISSEMINATION OF 
              INTELLIGENCE.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.), as amended by section 10, is further amended by 
adding at the end the following:

``SEC. 510. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR 
              THE ACQUISITION, RETENTION, AND DISSEMINATION OF 
              INTELLIGENCE.

    ``(a) Head of an Element of the Intelligence Community Defined.--In 
this section, the term `head of an element of the intelligence 
community' means, as appropriate--
            ``(1) the head of an element of the intelligence community; 
        or
            ``(2) the head of the department or agency containing such 
        element.
    ``(b) Review of Procedures Approved by the Attorney General.--
            ``(1) Requirement for immediate review.--Each head of an 
        element of the intelligence community that has not obtained the 
        approval of the Attorney General for the procedures, in their 
        entirety, required by section 2.3 of Executive Order 12333 (50 
        U.S.C. 3001 note) within 5 years prior to the date of the 
        enactment of the FISA Improvements Act of 2013, shall initiate, 
        not later than 180 days after such date of enactment, a review 
        of the procedures for such element, in accordance with 
        paragraph (3).
            ``(2) Requirement for review.--Not less frequently than 
        once every 5 years, each head of an element of the intelligence 
        community shall conduct a review of the procedures approved by 
        the Attorney General for such element that are required by 
        section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or 
        any successor order, in accordance with paragraph (3).
            ``(3) Requirements for reviews.--In coordination with the 
        Director of National Intelligence and the Attorney General, the 
        head of an element of the intelligence community required to 
        perform a review under paragraphs (1) or (2) shall--
                    ``(A) review existing procedures for such element 
                that are required by section 2.3 of Executive Order 
                12333 (50 U.S.C. 3001 note), or any successor order, to 
                assess whether--
                            ``(i) advances in communications or other 
                        technologies since the time the procedures were 
                        most recently approved by the Attorney General 
                        have affected the privacy protections that the 
                        procedures afford to United States persons, to 
                        include the protections afforded to United 
                        States persons whose nonpublic communications 
                        are incidentally acquired by an element of the 
                        intelligence community; or
                            ``(ii) aspects of the existing procedures 
                        impair the acquisition, retention, or 
                        dissemination of timely, accurate, and 
                        insightful information about the activities, 
                        capabilities, plans, and intentions of foreign 
                        powers, organization, and persons, and their 
                        agents; and
                    ``(B) propose any modifications to existing 
                procedures for such element in order to--
                            ``(i) clarify the guidance such procedures 
                        afford to officials responsible for the 
                        acquisition, retention, and dissemination of 
                        intelligence;
                            ``(ii) eliminate unnecessary impediments to 
                        the acquisition, retention, and dissemination 
                        of intelligence; or
                            ``(iii) ensure appropriate protections for 
                        the privacy of United States persons and 
                        persons located inside the United States.
            ``(4) Notice.--The Director of National Intelligence and 
        the Attorney General shall notify the congressional 
        intelligence committees following the completion of each review 
        required under this section.
            ``(5) Requirement to provide procedures.--Upon the 
        implementation of any modifications to procedures required by 
        section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or 
        any successor order, the head of the element of the 
        intelligence community to which the modified procedures apply 
        shall promptly provide a copy of the modified procedures to the 
        congressional intelligence committees.''.
    (b) Clerical Amendment.--The table of sections in the first section 
of the National Security Act of 1947, as amended by section 10, is 
further amended by adding after the section relating to section 509 the 
following:

``Sec. 510. Periodic review of intelligence community procedures for 
                            the acquisition, retention, and 
                            dissemination of intelligence.''.

SEC. 12. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD ENHANCEMENTS 
              RELATING TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    (a) Definitions.--In this section:
            (1) Appropriate official.--The term ``appropriate 
        official'' means the appropriate official of an agency or 
        department of the United States who is responsible for 
        preparing or submitting a covered application.
            (2) Board.--The term ``Board'' means the Privacy and Civil 
        Liberties Oversight Board established in section 1061 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (42 
        U.S.C. 2000ee).
            (3) Covered application.--The term ``covered application'' 
        means a submission to a FISA Court--
                    (A) that--
                            (i) presents a novel or significant 
                        interpretation of the law; and
                            (ii) relates to efforts to protect the 
                        United States from terrorism; and
                    (B) that is--
                            (i) a final application for an order under 
                        title I, III, IV, or V of the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1801 et seq.) or section 703 or 704 of 
                        that Act (50 U.S.C. 1881b and 1881c);
                            (ii) a review of a certification or 
                        procedure under section 702 of that Act (50 
                        U.S.C. 1881a); or
                            (iii) a notice of non-compliance with such 
                        an order, certification, or procedures.
            (4) FISA court.--The term ``FISA Court'' means a court 
        established under subsection (a) or (b) of section 103 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803).
    (b) Notice of Submissions and Orders.--
            (1) Submission to fisa court.--Notwithstanding any 
        provision of section 103 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803), if a covered 
        application is filed with a FISA Court, the appropriate 
        official shall provide such covered application to the Board 
        not later than the date of such filing, provided the provision 
        of such covered application does not delay any filing with a 
        FISA Court.
            (2) FISA court orders.--Notwithstanding any provision of 
        section 103 of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1803), the appropriate official shall provide 
        to the Board each order of a FISA Court related to a covered 
        application.
    (c) Discretionary Assessment of the Board.--
            (1) Notice of decision to conduct assessment.--Upon receipt 
        of a covered application under subsection (b)(1), the Board 
        shall--
                    (A) elect whether to conduct the assessment 
                described in paragraph (3); and
                    (B) submit to the appropriate official a notice of 
                the Board's election under subparagraph (A).
            (2) Timely submission.--The Board shall in a timely manner 
        prepare and submit to the appropriate official--
                    (A) the notice described in paragraph (1)(B); and
                    (B) the associated assessment, if the Board elects 
                to conduct such an assessment.
            (3) Content.--An assessment of a covered application 
        prepared by the Board shall address whether the covered 
        application is balanced with the need to protect privacy and 
        civil liberties, including adequate supervision and guidelines 
        to ensure protection of privacy and civil liberties.
    (d) Annual Review.--The Board shall conduct an annual review of the 
activities of the National Security Agency related to information 
collection under the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.).
    (e) Provision of Communications Services and Office Space to 
Certain Members of Privacy and Civil Liberties Oversight Board.--
Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at the end the 
following:
            ``(5) Provision of communications services and office 
        space.--The Director of National Intelligence shall provide to 
        each member of the Board who resides more than 100 miles from 
        the District of Columbia such communications services and 
        office space as may be necessary for the member to access and 
        use classified information. Such services and office space 
        shall be located at an existing secure government or contractor 
        facility located within the vicinity of such member's place of 
        residence.''.
                                                       Calendar No. 235

113th CONGRESS

  1st Session

                                S. 1631

_______________________________________________________________________

                                 A BILL

 To consolidate the congressional oversight provisions of the Foreign 
     Intelligence Surveillance Act of 1978 and for other purposes.

_______________________________________________________________________

                            October 31, 2013

                 Read twice and placed on the calendar