LIBERT-E Act

Summary: Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act or the LIBERT-E Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) (as amended by the USA PATRIOT Act) to require the Federal Bureau of Investigation (FBI), in applications for court orders requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, to include a statement of specific and articulable facts showing reasonable grounds to believe that such things are relevant and material to an authorized investigation. (Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation.) Requires that the items sought pertain only to an individual that is the subject of such investigation. Removes a list of production items currently designated as presumptively relevant. Requires a judge approving the release of such tangible things to enter orders directing the applicant to notify each person required to produce items of the right to challenge the legality of a production or nondisclosure order as well as the procedures for filing a petition for such a challenge. Removes a requirement that a judge considering a petition to modify or set aside a nondisclosure order treat as conclusive a certification by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger national security or interfere with diplomatic relations. Directs the Attorney General to make available to all Members of Congress information currently provided to House and Senate intelligence and judiciary committees, including the number of persons targeted for FISA orders, the number of times the Attorney General has authorized such information to be used in a criminal proceeding, and copies of applications, pleadings, orders, and decisions in matters before the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. Requires unclassified summaries of significant decisions, orders, or opinions of such Courts to be made available to the public.  Directs the Inspector General of the Department of Justice (DOJ) and inspectors general of each element of the intelligence community authorized to acquire information pursuant to specified FISA orders to jointly report to Congress on the impact of such acquisitions on the privacy interests of U.S. persons. Requires the DOJ Inspector General to make such report available to the public, with any redactions limited to those necessary to protect properly classified information. Requires assessments and reviews regarding guidelines for targeting certain persons located outside the United States and minimization procedures to be submitted in unclassified form, with a classified annex permitted.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Limiting Internet and Blanket 
Electronic Review of Telecommunications and Email Act'' or ``LIBERT-E 
Act''.

SEC. 2. REFORMS TO ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
              INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    Section 501 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861) is amended--
            (1) in subsection (b)(2)(A)--
                    (A) in the matter preceding clause (i)--
                            (i) by inserting ``specific and 
                        articulable'' before ``facts showing'';
                            (ii) by inserting ``and material'' after 
                        ``are relevant''; and
                            (iii) by striking ``clandestine 
                        intelligence activities'' and all that follows 
                        and inserting ``clandestine intelligence 
                        activities and pertain only to an individual 
                        that is the subject of such investigation; 
                        and''; and
                    (B) by striking clauses (i) through (iii);
            (2) in subsection (c)(2)--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) shall direct the applicant to provide notice 
                to each person required to produce a tangible thing 
                under the order of--
                            ``(i) the right to challenge the legality 
                        of a production order or nondisclosure order 
                        (as defined in subsection (f)) by filing a 
                        petition in accordance with subsection (f); and
                            ``(ii) the procedures to follow to file 
                        such a petition in accordance with such 
                        subsection.''; and
            (3) in subsection (f)(2)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) in the first sentence, by 
                                striking ``production order'' and 
                                inserting ``production order or 
                                nondisclosure order''; and
                                    (II) by striking the second 
                                sentence; and
                            (ii) in clause (ii) in the third sentence, 
                        by striking ``production order or nondisclosure 
                        order'' and inserting ``order''; and
                    (B) in subparagraph (C)--
                            (i) by striking clause (ii); and
                            (ii) by redesignating clause (iii) as 
                        clause (ii).

SEC. 3. ADDITIONAL DISCLOSURES TO CONGRESS AND THE PUBLIC.

    (a) In General.--Section 601 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Additional Disclosures to Congress and the Public.--
            ``(1) All members of congress.--Not later than 45 days 
        after the date on which the Attorney General submits a report, 
        decision, order, opinion, pleading, application, or memoranda 
        of law under subsection (a) or (c), the Attorney General shall 
        make such report, decision, order, opinion, pleading, 
        application, or memoranda of law available to all Members of 
        Congress (including the Delegates and Resident Commissioner to 
        the Congress) in a manner consistent with the protection of 
        national security.
            ``(2) Unclassified summaries of decisions, orders, or 
        opinions.--Not later than 180 days after the date on which the 
        Attorney General submits a decision, order, or opinion under 
        subsection (c), the Attorney General shall make publicly 
        available an unclassified summary of such decision, order, or 
        opinion.''.
    (b) Submissions Made Prior to Date of Enactment.--
            (1) All members of congress.--Not later than 45 days after 
        the date of the enactment of this Act, the Attorney General 
        shall make each report, decision, order, opinion, pleading, 
        application, or memoranda of law submitted under subsection (a) 
        or (c) of section 601 of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1871) prior to the date of the enactment 
        of this Act available to all Members of Congress (including the 
        Delegates and Resident Commissioner to the Congress) in a 
        manner consistent with the protection of national security.
            (2) Unclassified summaries of decisions, orders, or 
        opinions.--Not later than 180 days after the date of the 
        enactment of this Act, the Attorney General shall make publicly 
        available an unclassified summary of each decision, order, or 
        opinion submitted under section 601(c) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(c)) prior 
        to the date of the enactment of this Act.

SEC. 4. REPORT ON IMPACT OF PROVISIONS RELATING TO ACCESS TO CERTAIN 
              BUSINESS RECORDS AND TARGETING NON-UNITED STATES PERSONS 
              OUTSIDE OF THE UNITED STATES ON PRIVACY OF PERSONS 
              LOCATED IN THE UNITED STATES.

    (a) Report.--Not later than one year after the date of enactment of 
this Act, the Inspector General of the Department of Justice and the 
inspector general of each element of the intelligence community 
authorized to acquire information pursuant to an order under section 
501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861) or an order or determination under section 702 of such Act (50 
U.S.C. 1881a) on or after October 26, 2001, shall jointly submit to 
Congress a report on the impact of acquisitions made under such section 
501 or such section 702 on or after October 26, 2001, on the privacy 
interests of United States persons.
    (b) Contents.--The report required by subsection (a) shall include 
the following
            (1) An assessment of the impact that implementation of 
        section 501 (as in effect on or after October 26, 2001) and 
        section 702 of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1861, 1881a) has had on the privacy of persons 
        inside the United States.
            (2) An assessment of the extent to which acquisitions made 
        under such section 501 and such section 702 have resulted in 
        the acquisition or review of the contents of communications of 
        persons located inside the United States, including--
                    (A) the number of persons located inside the United 
                States who have had the contents of their 
                communications acquired under such section 501 or such 
                section 702, and the number of persons located inside 
                the United States who have had the contents of their 
                communications reviewed under such section 501 or such 
                section 702; or
                    (B) if it is not possible to determine such 
                numbers, the estimate of the inspectors general of such 
                numbers made using representative sampling or other 
                analytical techniques.
            (3) A review of the inspectors general of incidents of non-
        compliance with such section 501 or such section 702, with a 
        particular focus on any types of non-compliance incidents that 
        have recurred, and the impact of such non-compliance on the 
        privacy of persons inside the United States.
    (c) Disclosure to the Public.--Not later than 180 days after the 
date on which the report required by subsection (a) is submitted, the 
Inspector General of the Department of Justice shall make such report 
available to the public, with any redactions limited to those that are 
necessary to protect properly classified information.
    (d) Intelligence Community Defined.--In this section, the term 
``intelligence community'' has the meaning given the term in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

SEC. 5. FORM OF ASSESSMENTS OF PROCEDURES TARGETING CERTAIN PERSONS 
              LOCATED OUTSIDE THE UNITED STATES.

    Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a) is amended by adding at the end the following new 
paragraph:
            ``(4) Form of assessments and reviews.--Each assessment or 
        review required under paragraph (1), (2), or (3) shall be 
        submitted or provided in unclassified form, but may include a 
        classified annex.''.