I 

113TH CONGRESS 

1ST SESSION H. R. 2399 

To prevent the mass collection of records of innocent Americans under section 

501 of the Foreign Intelligence Surveillance Act of 1978, as amended 

by section 215 of the USA PATRIOT Act, and to provide for greater 

accountability and transparency in the implementation of the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2013 

Mr. CONYERS (for himself, Mr. AMASH, Mr. NADLER, Mr. MULVANEY, Ms. 

JACKSON LEE, Mr. BROUN of Georgia, Mr. JOHNSON of Georgia, Mr. 

DUNCAN of Tennessee, Ms. CHU, Mr. GRIFFITH of Virginia, Ms. 

DELBENE, Mr. JONES, Mr. ENYART, Mr. MASSIE, Ms. GABBARD, Mr. 

MCCLINTOCK, Mr. GRIJALVA, Mr. PEARCE, Mr. HOLT, Mr. RADEL, Ms. 

LEE of California, Mr. SALMON, Mr. MCDERMOTT, Mr. SANFORD, Mr. 

MCGOVERN, Mr. O’ROURKE, Mr. POLIS, Ms. SINEMA, Mr. WELCH, and 

Ms. LOFGREN) 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 prevent the mass collection of records of innocent Americans under section 501 of the Foreign Intelligence Surveillance Act of 1978, as amended by section 215 of 

the USA PATRIOT Act, and to provide for greater 

accountability and transparency in the implementation 

of the USA PATRIOT Act and the Foreign Intelligence 

Surveillance Act of 1978. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Limiting Internet and 

5 Blanket Electronic Review of Telecommunications and 

6 Email Act’’ or ‘‘LIBERT-E Act’’. 

7 SEC. 2. REFORMS TO ACCESS TO CERTAIN BUSINESS 

8 RECORDS FOR FOREIGN INTELLIGENCE AND 

9 INTERNATIONAL TERRORISM INVESTIGA10 TIONS. 

11 Section 501 of the Foreign Intelligence Surveillance 

12 Act of 1978 (50 U.S.C. 1861) is amended— 

13 (1) in subsection (b)(2)(A)— 

14 (A) in the matter preceding clause (i)— 

15 (i) by inserting ‘‘specific and 

16 articulable’’ before ‘‘facts showing’’; 

17 (ii) by inserting ‘‘and material’’ after 

18 ‘‘are relevant’’; and 

19 (iii) by striking ‘‘clandestine intel20 ligence activities’’ and all that follows and 

21 inserting ‘‘clandestine intelligence activities 

22 and pertain only to an individual that is 

23 the subject of such investigation; and’’; 

24 and 

25 (B) by striking clauses (i) through (iii); 

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1 (2) in subsection (c)(2)— 

2 (A) in subparagraph (D), by striking ‘‘; 

3 and’’ and inserting a semicolon; 

4 (B) in subparagraph (E), by striking the 

5 period and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(F) shall direct the applicant to provide 

9 notice to each person required to produce a tan10 gible thing under the order of— 

11 ‘‘(i) the right to challenge the legality 

12 of a production order or nondisclosure 

13 order (as defined in subsection (f)) by fil14 ing a petition in accordance with sub15 section (f); and 

16 ‘‘(ii) the procedures to follow to file 

17 such a petition in accordance with such 

18 subsection.’’; and 

19 (3) in subsection (f)(2)— 

20 (A) in subparagraph (A)— 

21 (i) in clause (i)— 

22 (I) in the first sentence, by strik23 ing ‘‘production order’’ and inserting 

24 ‘‘production order or nondisclosure 

25 order’’; and 

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1 (II) by striking the second sen2 tence; and 

3 (ii) in clause (ii) in the third sentence, 

4 by striking ‘‘production order or nondisclo5 sure order’’ and inserting ‘‘order’’; and 

6 (B) in subparagraph (C)— 

7 (i) by striking clause (ii); and 

8 (ii) by redesignating clause (iii) as 

9 clause (ii). 

10 SEC. 3. ADDITIONAL DISCLOSURES TO CONGRESS AND THE 

11 PUBLIC. 

12 (a) IN GENERAL.—Section 601 of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 1871) is 

14 amended— 

15 (1) by redesignating subsection (e) as sub16 section (f); and 

17 (2) by inserting after subsection (d) the fol18 lowing new subsection: 

19 ‘‘(e) ADDITIONAL DISCLOSURES TO CONGRESS AND

20 THE PUBLIC.— 

21 ‘‘(1) ALL MEMBERS OF CONGRESS.—Not later 

22 than 45 days after the date on which the Attorney 

23 General submits a report, decision, order, opinion, 

24 pleading, application, or memoranda of law under 

25 subsection (a) or (c), the Attorney General shall 

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1 make such report, decision, order, opinion, pleading, 

2 application, or memoranda of law available to all 

3 Members of Congress (including the Delegates and 

4 Resident Commissioner to the Congress) in a man5 ner consistent with the protection of national secu6 rity. 

7 ‘‘(2) UNCLASSIFIED SUMMARIES OF DECISIONS, 

8 ORDERS, OR OPINIONS.—Not later than 180 days 

9 after the date on which the Attorney General sub10 mits a decision, order, or opinion under subsection 

11 (c), the Attorney General shall make publicly avail12 able an unclassified summary of such decision, 

13 order, or opinion.’’. 

14 (b) SUBMISSIONS MADE PRIOR TO DATE OF ENACT15 MENT.— 

16 (1) ALL MEMBERS OF CONGRESS.—Not later 

17 than 45 days after the date of the enactment of this 

18 Act, the Attorney General shall make each report, 

19 decision, order, opinion, pleading, application, or 

20 memoranda of law submitted under subsection (a) or 

21 (c) of section 601 of the Foreign Intelligence Sur22 veillance Act of 1978 (50 U.S.C. 1871) prior to the 

23 date of the enactment of this Act available to all 

24 Members of Congress (including the Delegates and 

25 Resident Commissioner to the Congress) in a manmstockstill on DSK4VPTVN1PROD with BILLS

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1 ner consistent with the protection of national secu2 rity. 

3 (2) UNCLASSIFIED SUMMARIES OF DECISIONS, 

4 ORDERS, OR OPINIONS.—Not later than 180 days 

5 after the date of the enactment of this Act, the At6 torney General shall make publicly available an un7 classified summary of each decision, order, or opin8 ion submitted under section 601(c) of the Foreign 

9 Intelligence Surveillance Act of 1978 (50 U.S.C. 

10 1871(c)) prior to the date of the enactment of this 

11 Act. 

12 SEC. 4. REPORT ON IMPACT OF PROVISIONS RELATING TO 

13 ACCESS TO CERTAIN BUSINESS RECORDS 

14 AND TARGETING NON-UNITED STATES PER15 SONS OUTSIDE OF THE UNITED STATES ON 

16 PRIVACY OF PERSONS LOCATED IN THE 

17 UNITED STATES. 

18 (a) REPORT.—Not later than one year after the date 

19 of enactment of this Act, the Inspector General of the De20 partment of Justice and the inspector general of each ele21 ment of the intelligence community authorized to acquire 

22 information pursuant to an order under section 501 of the 

23 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

24 1861) or an order or determination under section 702 of 

25 such Act (50 U.S.C. 1881a) on or after October 26, 2001, 

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1 shall jointly submit to Congress a report on the impact 

2 of acquisitions made under such section 501 or such sec3 tion 702 on or after October 26, 2001, on the privacy in4 terests of United States persons. 

5 (b) CONTENTS.—The report required by subsection 

6 (a) shall include the following 

7 (1) An assessment of the impact that imple8 mentation of section 501 (as in effect on or after 

9 October 26, 2001) and section 702 of the Foreign 

10 Intelligence Surveillance Act of 1978 (50 U.S.C. 

11 1861, 1881a) has had on the privacy of persons in12 side the United States. 

13 (2) An assessment of the extent to which acqui14 sitions made under such section 501 and such sec15 tion 702 have resulted in the acquisition or review 

16 of the contents of communications of persons located 

17 inside the United States, including— 

18 (A) the number of persons located inside 

19 the United States who have had the contents of 

20 their communications acquired under such sec21 tion 501 or such section 702, and the number 

22 of persons located inside the United States who 

23 have had the contents of their communications 

24 reviewed under such section 501 or such section 

25 702; or 

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1 (B) if it is not possible to determine such 

2 numbers, the estimate of the inspectors general 

3 of such numbers made using representative 

4 sampling or other analytical techniques. 

5 (3) A review of the inspectors general of inci6 dents of non-compliance with such section 501 or 

7 such section 702, with a particular focus on any 

8 types of non-compliance incidents that have re9 curred, and the impact of such non-compliance on 

10 the privacy of persons inside the United States. 

11 (c) DISCLOSURE TO THE PUBLIC.—Not later than 

12 180 days after the date on which the report required by 

13 subsection (a) is submitted, the Inspector General of the 

14 Department of Justice shall make such report available 

15 to the public, with any redactions limited to those that 

16 are necessary to protect properly classified information. 

17 (d) INTELLIGENCE COMMUNITY DEFINED.—In this 

18 section, the term ‘‘intelligence community’’ has the mean19 ing given the term in section 3(4) of the National Security 

20 Act of 1947 (50 U.S.C. 3003(4)). 

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1 SEC. 5. FORM OF ASSESSMENTS OF PROCEDURES TAR2 GETING CERTAIN PERSONS LOCATED OUT3 SIDE THE UNITED STATES. 

4 Section 702(l) of the Foreign Intelligence Surveil5 lance Act of 1978 (50 U.S.C. 1881a) is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(4) FORM OF ASSESSMENTS AND REVIEWS.— 

8 Each assessment or review required under para9 graph (1), (2), or (3) shall be submitted or provided 

10 in unclassified form, but may include a classified 

11 annex.’’. 

Æ 

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