[Congressional Record Volume 161, Number 154 (Wednesday, October 21, 2015)]
[Senate]
[Page S7416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2723. Mr. LEAHY (for himself and Mr. Lee) submitted an amendment
intended to be proposed by him to the bill S. 754, to improve
cybersecurity in the United States through enhanced sharing of
information about cybersecurity threats, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 408. AUDIT OF USE OF DEA ADMINISTRATIVE SUBPOENA
AUTHORITY.
(a) Audit.--The Inspector General of the Department of
Justice shall perform an audit of the effectiveness and use,
including any improper or illegal use, of subpoenas issued
pursuant to section 506 of the Controlled Substances Act (21
U.S.C. 876).
(b) Requirements.--The audit required under subsection (a)
shall include--
(1) an examination of the use of subpoenas issued pursuant
to section 506 of the Controlled Substances Act (21 U.S.C.
876) during calendar years 2012 through 2014;
(2) a description of any noteworthy facts or circumstances
relating to such use, including any improper or illegal use
of such authority; and
(3) an examination of the effectiveness of subpoenas issued
pursuant to section 506 of the Controlled Substances Act (21
U.S.C. 876) as an investigative tool, including--
(A) the manner in which information acquired pursuant to
such subpoenas is collected, retained, analyzed, and
disseminated by the Department of Justice, including any
direct access to such information (such as access to raw
data) provided to any other department, agency, or
instrumentality of the Federal Government, State, local, or
tribal governments, or any private sector entity;
(B) whether, and how often, such information was used in
civil and criminal proceedings; and
(C) whether, and how often, the Department of Justice used
such information to produce an analytical intelligence
product for distribution within the Department of Justice to
the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) or to any
other department, agency, or instrumentality of the Federal
Government or of a State, local, or tribal government.
(c) Submission Dates.--
(1) Prior years.--The Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report containing the results of the audit
conducted under this section for calendar years 2012 through
2014 not later than the earlier of--
(A) 1 year after the date of enactment of this Act; or
(B) the date on which the audit required under this section
for calendar years 2012 through 2014 is completed.
(2) Calendar years 2015 through 2017.--The Inspector
General of the Department of Justice shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report
containing the results of the audit conducted under this
section for calendar years 2015 through 2017 not later than
the earlier of--
(A) December 31, 2018; or
(B) the date on which the audit required under this section
for calendar years 2015 through 2017 is completed.
(3) Delay of existing reviews prohibited.--The Inspector
General of the Department of Justice shall not delay the
completion of any review commenced before the date of
enactment of this Act pertaining to subpoenas issued pursuant
to section 506 of the Controlled Substances Act (21 U.S.C.
876) pending the completion of the reports required by this
section.
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