II 

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. 

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 ‘‘FISA Improvements 

5 Act of 2013’’. 


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1 SEC. 2. SUPPLEMENTAL PROCEDURES FOR ACQUISITION 

2 OF CERTAIN BUSINESS RECORDS FOR 

3 COUNTERTERRORISM PURPOSES. 

4 (a) SUPPLEMENTAL PROCEDURES FOR ACQUISITION

5 OF CERTAIN BUSINESS RECORDS FOR INTERNATIONAL

6 TERRORISM INVESTIGATIONS.—Section 501 of the For7 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

8 1861) is amended by adding at the end the following: 

9 ‘‘(i) GENERAL PROHIBITION ON BULK COLLECTION

10 OF COMMUNICATION RECORDS.—No order issued pursu11 ant to an application made under subsection (a) may au12 thorize the acquisition in bulk of wire communication or 

13 electronic communication records from an entity that pro14 vides an electronic communication service to the public if 

15 such order does not name or otherwise identify either indi16 viduals or facilities, unless such order complies with the 

17 supplemental procedures under subsection (j). 

18 ‘‘(j) AUTHORIZATION FOR BULK COLLECTION OF

19 NON-CONTENT METADATA.— 

20 ‘‘(1) SUPPLEMENTAL PROCEDURES.—Any order 

21 directed to the Government under subsection (a) 

22 that authorizes the acquisition in bulk of wire com23 munication or electronic communication records, 

24 which shall not include the content of such commu25 nications, shall be subject to supplemental proceVerDate Mar 15 2010 23:56 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1631.PCS S1631

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1 dures, which are in addition to any other require2 ments or procedures imposed by this Act, as follows: 

3 ‘‘(A) CONTENT PROHIBITION.—Such an 

4 order shall not authorize the acquisition of the 

5 content of any communication. 

6 ‘‘(B) AUTHORIZATION AND RENEWAL PE7 RIODS.—Such an order— 

8 ‘‘(i) shall be effective for a period of 

9 not more than 90 days; and 

10 ‘‘(ii) may be extended by the court on 

11 the same basis as an original order upon 

12 an application under this title for an exten13 sion and new findings by the court in ac14 cordance with subsection (c). 

15 ‘‘(C) SECURITY PROCEDURES FOR AC16 QUIRED DATA.—Information acquired pursuant 

17 to such an order (other than information prop18 erly returned in response to a query under sub19 paragraph (D)(iii)) shall be retained by the 

20 Government in accordance with security proce21 dures approved by the court in a manner de22 signed to ensure that only authorized personnel 

23 will have access to the information in the man24 ner prescribed by this section and the court’s 

25 order. 


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1 ‘‘(D) LIMITED ACCESS TO DATA.—Access 

2 to information retained in accordance with the 

3 procedures described in subparagraph (C) shall 

4 be prohibited, except for access— 

5 ‘‘(i) to perform a query using a selec6 tor for which a recorded determination has 

7 been made that there is a reasonable 

8 articulable suspicion that the selector is as9 sociated with international terrorism or ac10 tivities in preparation therefor; 

11 ‘‘(ii) to return information as author12 ized under paragraph (3); or 

13 ‘‘(iii) as may be necessary for tech14 nical assurance, data management or com15 pliance purposes, or for the purpose of 

16 narrowing the results of queries, in which 

17 case no information produced pursuant to 

18 the order may be accessed, used, or dis19 closed for any other purpose, unless the in20 formation is responsive to a query author21 ized under paragraph (3). 

22 ‘‘(2) RECORD REQUIREMENT.— 

23 ‘‘(A) DETERMINATION.—For any deter24 mination made pursuant to paragraph 

25 (1)(D)(i), a record shall be retained of the seVerDate Mar 15 2010 23:56 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1631.PCS S1631

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1 lector, the identity of the individual who made 

2 the determination, the date and time of the de3 termination, and the information indicating 

4 that, at the time of the determination, there 

5 was a reasonable articulable suspicion that the 

6 selector was associated with international ter7 rorism or activities in preparation therefor. 

8 ‘‘(B) QUERY.—For any query performed 

9 pursuant to paragraph (1)(D)(i), a record shall 

10 be retained of the identity of the individual who 

11 made the query, the date and time of the query, 

12 and the selector used to perform the query. 

13 ‘‘(3) SCOPE OF PERMISSIBLE QUERY RETURN

14 INFORMATION.—For any query performed pursuant 

15 to paragraph (1)(D)(i), the query only may return 

16 information concerning communications— 

17 ‘‘(A) to or from the selector used to per18 form the query; 

19 ‘‘(B) to or from a selector in communica20 tion with the selector used to perform the 

21 query; or 

22 ‘‘(C) to or from any selector reasonably 

23 linked to the selector used to perform the 

24 query, in accordance with the court approved 


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1 minimization procedures required under sub2 section (g). 

3 ‘‘(4) LIMITS ON PERSONNEL AUTHORIZED TO

4 MAKE DETERMINATIONS OR PERFORM QUERIES.—A 

5 court order issued pursuant to an application made 

6 under subsection (a), and subject to the require7 ments of this subsection, shall impose strict, reason8 able limits, consistent with operational needs, on the 

9 number of Government personnel authorized to 

10 make a determination or perform a query pursuant 

11 to paragraph (1)(D)(i). The Director of National In12 telligence shall ensure that each such personnel re13 ceives comprehensive training on the applicable laws, 

14 policies, and procedures governing such determina15 tions and queries prior to exercising such authority. 

16 ‘‘(5) AUTOMATED REPORTING.— 

17 ‘‘(A) REQUIREMENT FOR AUTOMATED RE18 PORTING.—The Director of the National Intel19 ligence, in consultation with the head of the 

20 agency responsible for acquisitions pursuant to 

21 orders subject to the requirements of this sub22 section, shall establish a technical procedure 

23 whereby the aggregate number of queries per24 formed pursuant to this subsection in the pre25 vious quarter shall be recorded automatically, 


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1 and subsequently reported to the appropriate 

2 committees of Congress. 

3 ‘‘(B) AVAILABILITY UPON REQUEST.—The 

4 information reported under subparagraph (A) 

5 shall be available to each of the following upon 

6 request: 

7 ‘‘(i) The Inspector General of the Na8 tional Security Agency. 

9 ‘‘(ii) The Inspector General of the In10 telligence Community. 

11 ‘‘(iii) The Inspector General of the 

12 Department Justice. 

13 ‘‘(iv) Appropriate officials of the De14 partment of Justice. 

15 ‘‘(v) Appropriate officials of the Na16 tional Security Agency. 

17 ‘‘(vi) The Privacy and Civil Liberties 

18 Oversight Board. 

19 ‘‘(6) COURT REVIEW OF RECORDS.— 

20 ‘‘(A) REQUIREMENT TO PROVIDE

21 RECORDS.—In accordance with minimization 

22 procedures required by subsection (g), and sub23 ject to subparagraph (B), a copy of each record 

24 for a determination prepared pursuant to paraVerDate Mar 15 2010 23:56 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1631.PCS S1631

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1 graph (2)(A) shall be promptly provided to the 

2 court established under section 103(a). 

3 ‘‘(B) RECORDS ASSOCIATED WITH UNITED

4 STATES PERSONS.—In accordance with mini5 mization procedures required by subsection (g), 

6 a copy of each record for a determination pre7 pared pursuant to paragraph (2)(A) that is rea8 sonably believed to be associated with a par9 ticular, known United States person shall be 

10 promptly provided the court established under 

11 section 103(a), but no more than 7 days after 

12 the determination. 

13 ‘‘(C) REMEDY FOR IMPROPER DETERMINA14 TIONS.—If the court finds that the record of 

15 the determination indicates the determination 

16 did not meet the requirements of this section or 

17 is otherwise unlawful, the court may order that 

18 production of records under the applicable order 

19 be terminated or modified, that the information 

20 returned in response to queries using the selec21 tor identified in the determination be destroyed, 

22 or another appropriate remedy. 

23 ‘‘(7) RECORD RETENTION AND QUERY RESTRIC24 TIONS.— 


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1 ‘‘(A) RECORD RETENTION.—All records 

2 and information produced pursuant to an order 

3 subject to this subsection, other than the re4 sults of queries as described in paragraph (3), 

5 shall be retained no longer than 5 years from 

6 the date of acquisition. 

7 ‘‘(B) QUERY RESTRICTIONS.—The Govern8 ment shall not query any data acquired under 

9 this subsection and retained in accordance with 

10 the procedures described in paragraph (1)(C) 

11 more than 3 years after such data was acquired 

12 unless the Attorney General determines that the 

13 query meets the standard set forth in para14 graph (1)(D)(i). 

15 ‘‘(8) CONGRESSIONAL OVERSIGHT.—A copy of 

16 each order issued pursuant to an application made 

17 under subsection (a), and subject to the require18 ments of this subsection, shall be provided to the ap19 propriate committees of Congress. 

20 ‘‘(9) DEFINITIONS.—In this subsection: 

21 ‘‘(A) APPROPRIATE COMMITTEES OF CON22 GRESS.—The term ‘appropriate committees of 

23 Congress’ means— 


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1 ‘‘(i) the Committee on the Judiciary 

2 and the Select Committee on Intelligence 

3 of the Senate; and 

4 ‘‘(ii) the Committee on the Judiciary 

5 and the Permanent Select Committee on 

6 Intelligence of the House of Representa7 tives. 

8 ‘‘(B) CONTENT.—The term ‘content’, with 

9 respect to a communication— 

10 ‘‘(i) means any information con11 cerning the substance, purport, or meaning 

12 of that communication; and 

13 ‘‘(ii) does not include any dialing, 

14 routing, addressing, signaling information. 

15 ‘‘(C) ELECTRONIC COMMUNICATION.—The 

16 term ‘electronic communication’ has the mean17 ing given that term in section 2510 of title 18, 

18 United States Code. 

19 ‘‘(D) ELECTRONIC COMMUNICATION SERV20 ICE.—The term ‘electronic communication serv21 ice’ has the meaning given that term in section 

22 2510 of title 18, United States Code. 

23 ‘‘(E) SELECTOR.—The term ‘selector’ 

24 means an identifier, such as a phone number or 


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1 electronic account identifier, that is associated 

2 with a particular communicant or facility. 

3 ‘‘(F) UNITED STATES PERSON.—The term 

4 ‘United States person’ has the meaning given 

5 that term in section 101 of this Act. 

6 ‘‘(G) WIRE COMMUNICATION.—The term 

7 ‘wire communication’ has the meaning given 

8 that term in section 2510 of title 18, United 

9 States Code.’’. 

10 (b) ANNUAL UNCLASSIFIED REPORT.—Section 

11 502(c)(1) of the Foreign Intelligence Surveillance Act of 

12 1978 (50 U.S.C. 1862(c)(1)) is amended— 

13 (1) in subparagraph (A), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (B), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(C) for each order subject to the supplemental 

19 procedures under section 501(j)— 

20 ‘‘(i) the number of unique selectors for 

21 which a recorded determination has been made 

22 under section 501(j)(1)(D)(i) that reasonable 

23 articulable suspicion exists that the selector is 

24 associated with international terrorism or ac25 tivities in preparation therefor; 


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1 ‘‘(ii) the aggregate number of queries per2 formed pursuant to such section; 

3 ‘‘(iii) the aggregate number of investigative 

4 leads developed as a direct result of any query 

5 performed pursuant to subsection (j)(1)(D)(i); 

6 and 

7 ‘‘(iv) the aggregate number of warrants or 

8 court orders, based upon a showing of probable 

9 cause, issued pursuant to title I or III of this 

10 Act or chapter 119, 121, or 205 of title 18, 

11 United States Code, in response to applications 

12 for such warrants or court orders containing in13 formation produced by such queries.’’. 

14 SEC. 3. ENHANCED CRIMINAL PENALTIES FOR UNAUTHOR15 IZED ACCESS TO COLLECTED DATA. 

16 Section 1030 of title 18, United States Code, is 

17 amended as follows: 

18 (1) Subsection (a) is amended— 

19 (A) in paragraph (5)(C), by striking the 

20 period at the end and inserting a semicolon; 

21 (B) in paragraph (7)(C), by adding ‘‘or’’ 

22 at the end; and 

23 (C) by inserting after paragraph (7)(C) the 

24 following: 


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1 ‘‘(8) accesses a computer without authorization 

2 or exceeds authorized access and thereby obtains in3 formation from any department or agency of the 

4 United States knowing or having reason to know 

5 that such computer was operated by or on behalf of 

6 the United States and that such information was ac7 quired by the United States pursuant to the Foreign 

8 Intelligence Surveillance Act (50 U.S.C. 1801 et 

9 seq.) pursuant to an order issued by a court estab10 lished under section 103 of that Act (50 U.S.C. 

11 1803).’’. 

12 (2) Subsection (c) is amended— 

13 (A) in paragraph (4)(G)(ii), by striking the 

14 period at the end and inserting a semicolon and 

15 ‘‘or’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(5) a fine under this title, imprisonment for 

18 not more than 10 years, or both, in the case of an 

19 offense under subsection (a)(8) of this section.’’. 

20 SEC. 4. APPOINTMENT OF AMICUS CURIAE. 

21 Section 103 of the Foreign Intelligence Surveillance 

22 Act of 1978 (50 U.S.C. 1803) is amended by adding at 

23 the end the following: 

24 ‘‘(i) AMICUS CURIAE.— 


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1 ‘‘(1) AUTHORIZATION.—Notwithstanding any 

2 other provision of law, a court established under 

3 subsection (a) or (b) is authorized, consistent with 

4 the requirement of subsection (c) and any other stat5 utory requirement that the court act expeditiously or 

6 within a stated time, to appoint amicus curiae to as7 sist the court in the consideration of a covered appli8 cation. 

9 ‘‘(2) DEFINITIONS.—In this subsection: 

10 ‘‘(A) APPROPRIATE COMMITTEES OF CON11 GRESS.—The term ‘appropriate committees of 

12 Congress’ means— 

13 ‘‘(i) the Committee on the Judiciary 

14 and the Select Committee on Intelligence 

15 of the Senate; and 

16 ‘‘(ii) the Committee on the Judiciary 

17 and the Permanent Select Committee on 

18 Intelligence of the House of Representa19 tives. 

20 ‘‘(B) COVERED APPLICATION.—The term 

21 ‘covered application’ means an application for 

22 an order or review made to a court established 

23 under subsection (a) or (b)— 


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1 ‘‘(i) that, in the opinion of such a 

2 court, presents a novel or significant inter3 pretation of the law; and 

4 ‘‘(ii) that is— 

5 ‘‘(I) an application for an order 

6 under this title, title III, IV, or V of 

7 this Act, or section 703 or 704 of this 

8 Act; 

9 ‘‘(II) a review of a certification 

10 or procedures under section 702 of 

11 this Act; or 

12 ‘‘(III) a notice of non-compliance 

13 with any such order, certification, or 

14 procedures. 

15 ‘‘(3) DESIGNATION.—The courts established by 

16 subsection (a) and (b) shall each designate 1 or 

17 more individuals who have been determined by ap18 propriate executive branch officials to be eligible for 

19 access to classified national security information, in20 cluding sensitive compartmented information, who 

21 may be appointed to serve as amicus curiae. In ap22 pointing an amicus curiae pursuant to paragraph 

23 (1), the court may choose from among those so des24 ignated. 


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1 ‘‘(4) EXPERTISE.—An individual appointed as 

2 an amicus curiae under paragraph (1) may be a spe3 cial counsel or an expert on privacy and civil lib4 erties, intelligence collection, telecommunications, or 

5 any other area that may lend legal or technical ex6 pertise to the court. 

7 ‘‘(5) DUTIES.—An amicus curiae appointed 

8 under paragraph (1) to assist with the consideration 

9 of a covered application shall carry out the duties 

10 assigned by the appointing court. That court may 

11 authorize, to the extent consistent with the case or 

12 controversy requirements of Article III of the Con13 stitution of the United States and the national secu14 rity of the United States, the amicus curiae to re15 view any application, certification, petition, motion, 

16 or other submission that the court determines is rel17 evant to the duties assigned by the court. 

18 ‘‘(6) NOTIFICATION.—A court established under 

19 subsection (a) or (b) shall notify the Attorney Gen20 eral of each exercise of the authority to appoint an 

21 amicus curiae under paragraph (1). 

22 ‘‘(7) ASSISTANCE.—A court established under 

23 subsection (a) or (b) may request and receive (in24 cluding on a non-reimbursable basis) the assistance 


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1 of the executive branch in the implementation of this 

2 subsection. 

3 ‘‘(8) ADMINISTRATION.—A court established 

4 under subsection (a) or (b) may provide for the des5 ignation, appointment, removal, training, support, or 

6 other administration of an amicus curiae appointed 

7 under paragraph (1) in a manner that is not incon8 sistent with this subsection. 

9 ‘‘(9) CONGRESSIONAL OVERSIGHT.—The Attor10 ney General shall submit to the appropriate commit11 tees of Congress an annual report on the number of 

12 notices described in paragraph (6) received by Attor13 ney General for the preceding 12-month period.’’. 

14 SEC. 5. CONSOLIDATION OF CONGRESSIONAL OVERSIGHT 

15 PROVISIONS UNDER THE FOREIGN INTEL16 LIGENCE SURVEILLANCE ACT OF 1978. 

17 (a) REPEAL OF CONGRESSIONAL OVERSIGHT PROVI18 SIONS.— 

19 (1) REPEAL.—The Foreign Intelligence Surveil20 lance Act of 1978 is amended by striking sections 

21 107, 108, 306, and 406 (50 U.S.C. 1807, 1808, 

22 1826, and 1846). 

23 (2) TABLE OF CONTENTS AMENDMENT.—The 

24 table of contents in the first section of the Foreign 

25 Intelligence Surveillance Act of 1978 is amended by 


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1 striking the items relating to sections 107, 108, 306, 

2 and 406. 

3 (b) SEMIANNUAL REPORT OF THE ATTORNEY GEN4 ERAL.—Section 601 of the Foreign Intelligence Surveil5 lance Act of 1978 (50 U.S.C. 1871) is amended to read 

6 as follows: 

7 ‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GEN8 ERAL. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) INFORMATION.—On a semiannual basis, 

11 the Attorney General shall submit to the appropriate 

12 committees of Congress a report pursuant to para13 graph (2) concerning all electronic surveillance, 

14 physical searches, and uses of pen registers and trap 

15 and trace devices conducted under this Act. 

16 ‘‘(2) REPORT.—The report required by para17 graph (1) shall include the following: 

18 ‘‘(A) ELECTRONIC SURVEILLANCE.—The 

19 total number of— 

20 ‘‘(i) applications made for orders ap21 proving electronic surveillance under this 

22 Act; 

23 ‘‘(ii) such orders either granted, modi24 fied, or denied; 


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1 ‘‘(iii) proposed applications for orders 

2 for electronic surveillance submitted pursu3 ant to Rule 9(a) of the Rules of Procedure 

4 for the Foreign Intelligence Surveillance 

5 Court, or any successor rule, that are not 

6 formally presented in the form of a final 

7 application under Rule 9(b) of the Rules of 

8 Procedure for the Foreign Intelligence Sur9 veillance Court, or any successor rule; 

10 ‘‘(iv) named United States person tar11 gets of electronic surveillance; 

12 ‘‘(v) emergency authorizations of elec13 tronic surveillance granted under this Act 

14 and the total number of subsequent orders 

15 approving or denying such electronic sur16 veillance; and 

17 ‘‘(vi) new compliance incidents arising 

18 from electronic surveillance under this Act. 

19 ‘‘(B) PHYSICAL SEARCHES.—The total 

20 number of— 

21 ‘‘(i) applications made for orders ap22 proving physical search under this Act; 

23 ‘‘(ii) such orders either granted, modi24 fied, or denied; 


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1 ‘‘(iii) proposed applications for orders 

2 for physical searches submitted pursuant 

3 to Rule 9(a) of the Rules of Procedure for 

4 the Foreign Intelligence Surveillance 

5 Court, or any successor rule, that are not 

6 formally presented in the form of a final 

7 application under Rule 9(b) of the Rules of 

8 Procedure for the Foreign Intelligence Sur9 veillance Court, or any successor rule; 

10 ‘‘(iv) named United States person tar11 gets of physical searches; 

12 ‘‘(v) emergency authorizations of 

13 physical searches granted under this Act 

14 and the total number of subsequent orders 

15 approving or denying such physical 

16 searches; and 

17 ‘‘(vi) new compliance incidents arising 

18 from physical searches under this Act. 

19 ‘‘(C) PEN REGISTER AND TRAP AND TRACE

20 DEVICES.—The total number of— 

21 ‘‘(i) applications made for orders ap22 proving the use of pen registers or trap 

23 and trace devices under this Act; 

24 ‘‘(ii) such orders either granted, modi25 fied, or denied; 


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1 ‘‘(iii) proposed applications for orders 

2 for pen registers or trap and trace devices 

3 submitted pursuant to Rule 9(a) of the 

4 Rules of Procedure for the Foreign Intel5 ligence Surveillance Court, or any suc6 cessor rule, that are not formally presented 

7 in the form of a final application under 

8 Rule 9(b) of the Rules of Procedure for the 

9 Foreign Intelligence Surveillance Court, or 

10 any successor rule; 

11 ‘‘(iv) named United States person tar12 gets of pen registers or trap and trace de13 vices; 

14 ‘‘(v) emergency authorizations of the 

15 use of pen registers or trap and trace de16 vices granted under this Act and the total 

17 number of subsequent orders approving or 

18 denying such use of pen registers or trap 

19 and trace devices; and 

20 ‘‘(vi) new compliance incidents arising 

21 from the use of pen registers or trap and 

22 trace devices under this Act. 

23 ‘‘(D) COMPLIANCE INCIDENTS.—A sum24 mary of each compliance incident reported 


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1 under subparagraphs (A)(vi), (B)(vi), and 

2 (C)(vi). 

3 ‘‘(E) SIGNIFICANT LEGAL INTERPRETA4 TIONS.—A summary of significant legal inter5 pretations of this Act involving matters before 

6 the Foreign Intelligence Surveillance Court or 

7 the Foreign Intelligence Surveillance Court of 

8 Review, including interpretations presented in 

9 applications or pleadings filed with the Foreign 

10 Intelligence Surveillance Court or the Foreign 

11 Intelligence Surveillance Court of Review. 

12 ‘‘(b) SUBMISSIONS OF SIGNIFICANT DECISIONS, OR13 DERS, AND OPINIONS.—The Attorney General shall sub14 mit to the appropriate committees of Congress a copy of 

15 any decision, order, or opinion issued by the Foreign Intel16 ligence Surveillance Court or the Foreign Intelligence Sur17 veillance Court of Review that includes a significant con18 struction or interpretation of any provision of this Act, 

19 and any pleadings, applications, or memoranda of law as20 sociated with such decision, order, or opinion, not later 

21 than 45 days after such decision, order, or opinion is 

22 issued. 

23 ‘‘(c) PROTECTION OF NATIONAL SECURITY.—The 

24 Director of National Intelligence, in consultation with the 

25 Attorney General, may authorize redactions of materials 


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1 described in subsection (b) that are provided to the appro2 priate committees of Congress if such redactions are nec3 essary to protect properly classified information. 

4 ‘‘(d) AVAILABILITY TO MEMBERS OF CONGRESS.— 

5 Consistent with the rules and practices of the Senate and 

6 the House of Representatives, each report submitted pur7 suant to subsection (a)(2) and each submission made pur8 suant to subsection (b) shall be made available to every 

9 member of Congress, subject to appropriate procedures for 

10 the storage and handling of classified information. 

11 ‘‘(e) PUBLIC REPORT.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 the Attorney General, in consultation with the Direc14 tor of National Intelligence, shall make available to 

15 the public an unclassified annual summary of the re16 ports submitted under subsection (a) that, to the 

17 maximum extent practicable consistent with the pro18 tection of classified information, includes the infor19 mation contained in the report submitted pursuant 

20 to subsection (a)(2). 

21 ‘‘(2) MINIMUM REQUIREMENTS.—In each re22 port made available to the public under paragraph 

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1 graphs (A), (B), and (C) of subsection (a)(2), which 

2 may be presented as annual totals. 

3 ‘‘(f) CONSTRUCTION.—Nothing in this title may be 

4 construed to limit the authority and responsibility of an 

5 appropriate committee of Congress to obtain any informa6 tion required by such committee to carry out its functions 

7 and duties. 

8 ‘‘(g) DEFINITIONS.—In this section: 

9 ‘‘(1) APPROPRIATE COMMITTEES OF CON10 GRESS.—The term ‘appropriate committees of Con11 gress’ means— 

12 ‘‘(A) the Select Committee on Intelligence 

13 and the Committee on the Judiciary of the Sen14 ate; and 

15 ‘‘(B) the Permanent Select Committee on 

16 Intelligence and the Committee on the Judici17 ary of the House of Representatives. 

18 ‘‘(2) ELECTRONIC SURVEILLANCE.—The term 

19 ‘electronic surveillance’ has the meaning given that 

20 term in section 101 of this Act. 

21 ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE

22 COURT.—The term ‘Foreign Intelligence Surveillance 

23 Court’ means the court established under section 

24 103(a) of this Act. 


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1 ‘‘(4) FOREIGN INTELLIGENCE SURVEILLANCE

2 COURT OF REVIEW.—The term ‘Foreign Intelligence 

3 Surveillance Court of Review’ means the court estab4 lished under section 103(b) of this Act. 

5 ‘‘(5) PEN REGISTER.—The term ‘pen register’ 

6 has the meaning given that term in section 401 of 

7 this Act. 

8 ‘‘(6) PHYSICAL SEARCH.—The term ‘physical 

9 search’ has the meaning given that term in section 

10 301 of this Act. 

11 ‘‘(7) TRAP AND TRACE DEVICE.—The term 

12 ‘trap and trace device’ has the meaning given that 

13 term in section 401 of this Act. 

14 ‘‘(8) UNITED STATES PERSON.—The term 

15 ‘United States person’ has the meaning given that 

16 term in section 101 of this Act.’’. 

17 (c) AVAILABILITY OR REPORTS AND SUBMISSIONS.— 

18 (1) IN GENERAL.—Title VI of the Foreign In19 telligence Surveillance Act of 1978 (50 U.S.C. 1871) 

20 is amended by adding after section 601 the fol21 lowing: 

22 ‘‘SEC. 602. AVAILABILITY OF REPORTS AND SUBMISSIONS. 

23 ‘‘(a) AVAILABILITY TO MEMBERS OF CONGRESS.— 

24 Consistent with the rules and practices of the Senate and 

25 the House of Representatives, each submission to ConVerDate Mar 15 2010 23:56 Oct 31, 2013 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1631.PCS S1631

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1 gress made pursuant to section 502(b), 702(l)(1), or 707 

2 shall be made available, to every member of Congress, sub3 ject to appropriate procedures for the storage and han4 dling of classified information. 

5 ‘‘(b) PUBLIC REPORT.—The Attorney General or the 

6 Director of National Intelligence, as appropriate, shall 

7 make available to the public unclassified reports that, to 

8 the maximum extent practicable consistent with the pro9 tection of classified information, include the information 

10 contained in each submission to Congress made pursuant 

11 to section 502(b), 702(l)(1), or 707.’’. 

12 (2) TABLE OF CONTENTS AMENDMENT.—The 

13 table of contents in the first section of the Foreign 

14 Intelligence Surveillance Act of 1978 is amended by 

15 inserting after the item relating to section 601 the 

16 following: 

‘‘Sec. 602. Availability of reports and submissions.’’. 

17 SEC. 6. RESTRICTIONS ON QUERYING THE CONTENTS OF 

18 CERTAIN COMMUNICATIONS. 

19 Section 702 of the Foreign Intelligence Surveillance 

20 Act of 1978 (50 U.S.C. 1881a) is amended by adding at 

21 the end the following: 

22 ‘‘(m) QUERIES.— 

23 ‘‘(1) LIMITATION ON QUERY TERMS THAT

24 IDENTIFY A UNITED STATES PERSON.—A query of 

25 the contents of communications acquired under this 


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1 section with a selector known to be used by a United 

2 States person may be conducted by personnel of ele3 ments of the Intelligence Community only if the pur4 pose of the query is to obtain foreign intelligence in5 formation or information necessary to understand 

6 foreign intelligence information or to assess its im7 portance. 

8 ‘‘(2) RECORD.— 

9 ‘‘(A) IN GENERAL.—For any query per10 formed pursuant to paragraph (1) a record 

11 shall be retained of the identity of the Govern12 ment personnel who performed the query, the 

13 date and time of the query, and the information 

14 indicating that the purpose of the query was to 

15 obtain foreign intelligence information or infor16 mation necessary to understand foreign intel17 ligence information or to assess its importance. 

18 ‘‘(B) AVAILABILITY.—Each record pre19 pared pursuant to subparagraph (A) shall be 

20 made available to the Department of Justice, 

21 the Office of the Director of National Intel22 ligence, appropriate Inspectors General, the 

23 Foreign Intelligence Surveillance Court, and the 

24 appropriate committees of Congress. 


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1 ‘‘(3) CONSTRUCTION.—Nothing in this sub2 section may be construed— 

3 ‘‘(A) to prohibit access to data collected 

4 under this section as may be necessary for tech5 nical assurance, data management or compli6 ance purposes, or for the purpose of narrowing 

7 the results of queries, in which case no informa8 tion produced pursuant to the order may be 

9 accessed, used, or disclosed other than for such 

10 purposes; 

11 ‘‘(B) to limit the authority of a law en12 forcement agency to conduct a query for law 

13 enforcement purposes of the contents of com14 munications acquired under this section; or 

15 ‘‘(C) to limit the authority of an agency to 

16 conduct a query for the purpose of preventing 

17 a threat to life or serious bodily harm to any 

18 person. 

19 ‘‘(4) DEFINITIONS.—In this subsection: 

20 ‘‘(A) APPROPRIATE COMMITTEES OF CON21 GRESS.—The term ‘appropriate committees of 

22 Congress’ means— 

23 ‘‘(i) the Select Committee on Intel24 ligence and the Committee on the Judici25 ary of the Senate; and 


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1 ‘‘(ii) the Permanent Select Committee 

2 on Intelligence and the Committee on the 

3 Judiciary of the House of Representa4 tives.’’. 

5 ‘‘(B) CONTENT.—The term ‘content’, with 

6 respect to a communication— 

7 ‘‘(i) means any information con8 cerning the substance, purport, or meaning 

9 of that communication; and 

10 ‘‘(ii) does not include any dialing, 

11 routing, addressing, or signaling informa12 tion. 

13 ‘‘(C) SELECTOR.—The term ‘selector’ 

14 means an identifier, such as a phone number or 

15 electronic account identifier, that is associated 

16 with a particular communicant or facility.’’. 

17 SEC. 7. TEMPORARY TARGETING OF PERSONS OTHER THAN 

18 UNITED STATES PERSONS TRAVELING INTO 

19 THE UNITED STATES. 

20 (a) IN GENERAL.—Section 105 of the Foreign Intel21 ligence Surveillance Act of 1978 (50 U.S.C. 1805) is 

22 amended— 

23 (1) by redesignating subsections (f), (g), (h), 

24 and (i) as subsections (g), (h), (i), and (j), respec25 tively; and 


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1 (2) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f)(1) Notwithstanding any other provision of this 

4 Act, acquisition of foreign intelligence information by tar5 geting a non-United States person reasonably believed to 

6 be located outside the United States that was lawfully ini7 tiated by an element of the intelligence community may 

8 continue for a transitional period not to exceed 72 hours 

9 from the time when it is recognized that the non-United 

10 States person is reasonably believed to be located inside 

11 the United States and that the acquisition is subject to 

12 this title or title III of this Act, provided that the head 

13 of the element determines that there exists an exigent cir14 cumstance and— 

15 ‘‘(A) there is reason to believe that the target 

16 of the acquisition has communicated or received or 

17 will communicate or receive foreign intelligence in18 formation relevant to the exigent circumstance; and 

19 ‘‘(B) it is determined that a request for emer20 gency authorization from the Attorney General in 

21 accordance with the terms of this Act is impracti22 cable in light of the exigent circumstance. 

23 ‘‘(2) The Director of National Intelligence or the 

24 head of an element of the intelligence community shall 

25 promptly notify the Attorney General of the decision to 


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1 exercise the authority under this section and shall request 

2 emergency authorization from the Attorney General pur3 suant to this Act as soon as practicable, to the extent such 

4 request is warranted by the facts and circumstances. 

5 ‘‘(3) Subject to subparagraph (4), the authority 

6 under this section to continue acquisition of foreign intel7 ligence information is limited to 72 hours. However, if the 

8 Attorney General authorizes an emergency acquisition 

9 pursuant to this Act, then acquisition of foreign intel10 ligence information may continue for the period of time 

11 that the Attorney General’s emergency authorization or 

12 any subsequent court order authorizing the acquisition re13 mains in effect. 

14 ‘‘(4) The authority to acquire foreign intelligence in15 formation under this subsection shall terminate upon any 

16 of the following, whichever occurs first— 

17 ‘‘(A) 72 hours have elapsed since the com18 mencement of the transitional period; 

19 ‘‘(B) the Attorney General has directed that the 

20 acquisition be terminated; or 

21 ‘‘(C) the exigent circumstance is no longer rea22 sonably believed to exist. 

23 ‘‘(5) If the Attorney General authorizes an emergency 

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1 sition to, and consistent with, the Attorney General emer2 gency authorization or court order. 

3 ‘‘(6) Any information of or concerning unconsenting 

4 United States persons acquired during the transitional pe5 riod may only be disseminated during the transitional pe6 riod if necessary to investigate, prevent, reduce, or elimi7 nate the exigent circumstance or if it indicates a threat 

8 of death or serious bodily harm to any person. 

9 ‘‘(7) In the event that during the transition period 

10 a request for an emergency authorization from the Attor11 ney General pursuant to this Act for continued acquisition 

12 of foreign intelligence is not approved or an order from 

13 a court is not obtained to continue the acquisition, infor14 mation obtained during the transitional period shall not 

15 be retained, except with the approval of the Attorney Gen16 eral if the information indicates a threat of death or seri17 ous bodily harm to any person. 

18 ‘‘(8) The Attorney General shall assess compliance 

19 with the requirements of paragraph (7).’’. 

20 (b) NOTIFICATION OF EMERGENCY EMPLOYMENT OF

21 ELECTRONIC SURVEILLANCE.—Section 106(j) of the For22 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

23 1806(j)) is amended by striking ‘‘section 105(e)’’ and in24 serting ‘‘subsection (e) or (f) of section 105’’. 


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1 SEC. 8. CONFIRMATION OF APPOINTMENT OF THE DIREC2 TOR OF THE NATIONAL SECURITY AGENCY. 

3 (a) DIRECTOR OF THE NATIONAL SECURITY AGEN4 CY.—Section 2 of the National Security Agency Act of 

5 1959 (50 U.S.C. 3602) is amended— 

6 (1) by inserting ‘‘(b)’’ before ‘‘There’’; and 

7 (2) by inserting before subsection (b), as so 

8 designated by paragraph (1), the following: 

9 ‘‘(a)(1) There is a Director of the National Security 

10 Agency. 

11 ‘‘(2) The Director of the National Security Agency 

12 shall be appointed by the President, by and with the advice 

13 and consent of the Senate. 

14 ‘‘(3) The Director of the National Security Agency 

15 shall be the head of the National Security Agency and 

16 shall discharge such functions and duties as are provided 

17 by this Act or otherwise by law or executive order.’’. 

18 (b) POSITION OF IMPORTANCE AND RESPONSI19 BILITY.—The President may designate the Director of the 

20 National Security Agency as a position of importance and 

21 responsibility under section 601 of title 10, United States 

22 Code. 

23 (c) EFFECTIVE DATE AND APPLICABILITY.— 

24 (1) IN GENERAL.—The amendments made by 

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1 actment of this Act and shall apply upon the earlier 

2 of— 

3 (A) the date of the nomination by the 

4 President of an individual to serve as the Direc5 tor of the National Security Agency, except that 

6 the individual serving as such Director as of the 

7 date of the enactment of this Act may continue 

8 to perform such duties after such date of nomi9 nation and until the individual appointed as 

10 such Director, by and with the advice and con11 sent of the Senate, assumes the duties of such 

12 Director; or 

13 (B) the date of the cessation of the per14 formance of the duties of such Director by the 

15 individual performing such duties as of the date 

16 of the enactment of this Act. 

17 (2) POSITIONS OF IMPORTANCE AND RESPONSI18 BILITY.—Subsection (b) shall take effect on the date 

19 of the enactment of this Act. 

20 SEC. 9. PRESIDENTIAL APPOINTMENT AND SENATE CON21 FIRMATION OF THE INSPECTOR GENERAL OF 

22 THE NATIONAL SECURITY AGENCY. 

23 (a) IN GENERAL.—The Inspector General Act of 

24 1978 (5 U.S.C. App.) is amended— 


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1 (1) in section 8G(a)(2), by striking ‘‘the Na2 tional Security Agency,’’; and 

3 (2) in section 12— 

4 (A) in paragraph (1), by striking ‘‘or the 

5 Federal Cochairpersons of the Commissions es6 tablished under section 15301 of title 40, 

7 United States Code’’ and inserting ‘‘the Federal 

8 Cochairpersons of the Commissions established 

9 under section 15301 of title 40, United States 

10 Code; or the Director of the National Security 

11 Agency’’; and 

12 (B) in paragraph (2), by striking ‘‘or the 

13 Commissions established under section 15301 

14 of title 40, United States Code’’ and inserting 

15 ‘‘the Commissions established under section 

16 15301 of title 40, United States Code, or the 

17 National Security Agency’’. 

18 (b) EFFECTIVE DATE; INCUMBENT.— 

19 (1) EFFECTIVE DATE.—The amendments made 

20 by subsection (a) shall take effect on the date on 

21 which the first Director of the National Security 

22 Agency takes office on or after the date of the enact23 ment of this Act. 

24 (2) INCUMBENT.—The individual serving as In25 spector General of the National Security Agency on 


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1 the date of the enactment of this Act shall be eligible 

2 to be appointed by the President to a new term of 

3 service under section 3 of the Inspector General Act 

4 of 1978 (5 U.S.C. App.), by and with the advice and 

5 consent of the Senate. 

6 SEC. 10. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EX7 ECUTIVE ORDER. 

8 (a) IN GENERAL.—Title V of the National Security 

9 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add10 ing at the end the following: 

11 ‘‘SEC. 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EX12 ECUTIVE ORDER. 

13 ‘‘(a) ANNUAL REPORTS REQUIRED.—Not later than 

14 April 1 of each year, the Director of National Intelligence 

15 shall submit to the congressional intelligence committees 

16 a report on violations of law or executive order by per17 sonnel of an element of the intelligence community that 

18 were identified during the previous calendar year. 

19 ‘‘(b) ELEMENTS.—Each report required subsection 

20 (a) shall include a description of any violation of law or 

21 executive order (including Executive Order No. 12333 (50 

22 U.S.C. 3001 note)) by personnel of an element of the intel23 ligence community in the course of such employment that, 

24 during the previous calendar year, was determined by the 


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1 director, head, general counsel, or inspector general of any 

2 element of the intelligence community to have occurred.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 in the first section of the National Security Act of 1947 

5 is amended by adding after the section relating to section 

6 508 the following: 

‘‘Sec. 509. Annual report on violations of law or executive order.’’. 

7 SEC. 11. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY 

8 PROCEDURES FOR THE ACQUISITION, RETEN9 TION, AND DISSEMINATION OF INTEL10 LIGENCE. 

11 (a) IN GENERAL.—Title V of the National Security 

12 Act of 1947 (50 U.S.C. 3091 et seq.), as amended by sec13 tion 10, is further amended by adding at the end the fol14 lowing: 

15 ‘‘SEC. 510. PERIODIC REVIEW OF INTELLIGENCE COMMU16 NITY PROCEDURES FOR THE ACQUISITION, 

17 RETENTION, AND DISSEMINATION OF INTEL18 LIGENCE. 

19 ‘‘(a) HEAD OF AN ELEMENT OF THE INTELLIGENCE

20 COMMUNITY DEFINED.—In this section, the term ‘head 

21 of an element of the intelligence community’ means, as 

22 appropriate— 

23 ‘‘(1) the head of an element of the intelligence 

24 community; or 


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1 ‘‘(2) the head of the department or agency con2 taining such element. 

3 ‘‘(b) REVIEW OF PROCEDURES APPROVED BY THE

4 ATTORNEY GENERAL.— 

5 ‘‘(1) REQUIREMENT FOR IMMEDIATE RE6 VIEW.—Each head of an element of the intelligence 

7 community that has not obtained the approval of the 

8 Attorney General for the procedures, in their en9 tirety, required by section 2.3 of Executive Order 

10 12333 (50 U.S.C. 3001 note) within 5 years prior 

11 to the date of the enactment of the FISA Improve12 ments Act of 2013, shall initiate, not later than 180 

13 days after such date of enactment, a review of the 

14 procedures for such element, in accordance with 

15 paragraph (3). 

16 ‘‘(2) REQUIREMENT FOR REVIEW.—Not less 

17 frequently than once every 5 years, each head of an 

18 element of the intelligence community shall conduct 

19 a review of the procedures approved by the Attorney 

20 General for such element that are required by sec21 tion 2.3 of Executive Order 12333 (50 U.S.C. 3001 

22 note), or any successor order, in accordance with 

23 paragraph (3). 

24 ‘‘(3) REQUIREMENTS FOR REVIEWS.—In coordi25 nation with the Director of National Intelligence and 


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1 the Attorney General, the head of an element of the 

2 intelligence community required to perform a review 

3 under paragraphs (1) or (2) shall— 

4 ‘‘(A) review existing procedures for such 

5 element that are required by section 2.3 of Ex6 ecutive Order 12333 (50 U.S.C. 3001 note), or 

7 any successor order, to assess whether— 

8 ‘‘(i) advances in communications or 

9 other technologies since the time the proce10 dures were most recently approved by the 

11 Attorney General have affected the privacy 

12 protections that the procedures afford to 

13 United States persons, to include the pro14 tections afforded to United States persons 

15 whose nonpublic communications are inci16 dentally acquired by an element of the in17 telligence community; or 

18 ‘‘(ii) aspects of the existing proce19 dures impair the acquisition, retention, or 

20 dissemination of timely, accurate, and in21 sightful information about the activities, 

22 capabilities, plans, and intentions of for23 eign powers, organization, and persons, 

24 and their agents; and 


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1 ‘‘(B) propose any modifications to existing 

2 procedures for such element in order to— 

3 ‘‘(i) clarify the guidance such proce4 dures afford to officials responsible for the 

5 acquisition, retention, and dissemination of 

6 intelligence; 

7 ‘‘(ii) eliminate unnecessary impedi8 ments to the acquisition, retention, and 

9 dissemination of intelligence; or 

10 ‘‘(iii) ensure appropriate protections 

11 for the privacy of United States persons 

12 and persons located inside the United 

13 States. 

14 ‘‘(4) NOTICE.—The Director of National Intel15 ligence and the Attorney General shall notify the 

16 congressional intelligence committees following the 

17 completion of each review required under this sec18 tion. 

19 ‘‘(5) REQUIREMENT TO PROVIDE PROCE20 DURES.—Upon the implementation of any modifica21 tions to procedures required by section 2.3 of Execu22 tive Order 12333 (50 U.S.C. 3001 note), or any suc23 cessor order, the head of the element of the intel24 ligence community to which the modified procedures 

25 apply shall promptly provide a copy of the modified 


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1 procedures to the congressional intelligence commit2 tees.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 in the first section of the National Security Act of 1947, 

5 as amended by section 10, is further amended by adding 

6 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.’’. 

7 SEC. 12. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

8 BOARD ENHANCEMENTS RELATING TO THE 

9 FOREIGN INTELLIGENCE SURVEILLANCE ACT 

10 OF 1978. 

11 (a) DEFINITIONS.—In this section: 

12 (1) APPROPRIATE OFFICIAL.—The term ‘‘ap13 propriate official’’ means the appropriate official of 

14 an agency or department of the United States who 

15 is responsible for preparing or submitting a covered 

16 application. 

17 (2) BOARD.—The term ‘‘Board’’ means the Pri18 vacy and Civil Liberties Oversight Board established 

19 in section 1061 of the Intelligence Reform and Ter20 rorism Prevention Act of 2004 (42 U.S.C. 2000ee). 

21 (3) COVERED APPLICATION.—The term ‘‘cov22 ered application’’ means a submission to a FISA 

23 Court— 

24 (A) that— 


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1 (i) presents a novel or significant in2 terpretation of the law; and 

3 (ii) relates to efforts to protect the 

4 United States from terrorism; and 

5 (B) that is— 

6 (i) a final application for an order 

7 under title I, III, IV, or V of the Foreign 

8 Intelligence Surveillance Act of 1978 (50 

9 U.S.C. 1801 et seq.) or section 703 or 704 

10 of that Act (50 U.S.C. 1881b and 1881c); 

11 (ii) a review of a certification or pro12 cedure under section 702 of that Act (50 

13 U.S.C. 1881a); or 

14 (iii) a notice of non-compliance with 

15 such an order, certification, or procedures. 

16 (4) FISA COURT.—The term ‘‘FISA Court’’ 

17 means a court established under subsection (a) or 

18 (b) of section 103 of the Foreign Intelligence Sur19 veillance Act of 1978 (50 U.S.C. 1803). 

20 (b) NOTICE OF SUBMISSIONS AND ORDERS.— 

21 (1) SUBMISSION TO FISA COURT.—Notwith22 standing any provision of section 103 of the Foreign 

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

24 1803), if a covered application is filed with a FISA 

25 Court, the appropriate official shall provide such 


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1 covered application to the Board not later than the 

2 date of such filing, provided the provision of such 

3 covered application does not delay any filing with a 

4 FISA Court. 

5 (2) FISA COURT ORDERS.—Notwithstanding 

6 any provision of section 103 of the Foreign Intel7 ligence Surveillance Act of 1978 (50 U.S.C. 1803), 

8 the appropriate official shall provide to the Board 

9 each order of a FISA Court related to a covered ap10 plication. 

11 (c) DISCRETIONARY ASSESSMENT OF THE BOARD.— 

12 (1) NOTICE OF DECISION TO CONDUCT ASSESS13 MENT.—Upon receipt of a covered application under 

14 subsection (b)(1), the Board shall— 

15 (A) elect whether to conduct the assess16 ment described in paragraph (3); and 

17 (B) submit to the appropriate official a no18 tice of the Board’s election under subparagraph 

19 (A). 

20 (2) TIMELY SUBMISSION.—The Board shall in 

21 a timely manner prepare and submit to the appro22 priate official— 

23 (A) the notice described in paragraph 

24 (1)(B); and 


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1 (B) the associated assessment, if the 

2 Board elects to conduct such an assessment. 

3 (3) CONTENT.—An assessment of a covered ap4 plication prepared by the Board shall address wheth5 er the covered application is balanced with the need 

6 to protect privacy and civil liberties, including ade7 quate supervision and guidelines to ensure protection 

8 of privacy and civil liberties. 

9 (d) ANNUAL REVIEW.—The Board shall conduct an 

10 annual review of the activities of the National Security 

11 Agency related to information collection under the Foreign 

12 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

13 seq.). 

14 (e) PROVISION OF COMMUNICATIONS SERVICES AND

15 OFFICE SPACE TO CERTAIN MEMBERS OF PRIVACY AND

16 CIVIL LIBERTIES OVERSIGHT BOARD.—Section 1061(g) 

17 of the Intelligence Reform and Terrorism Prevention Act 

18 of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at 

19 the end the following: 

20 ‘‘(5) PROVISION OF COMMUNICATIONS SERVICES

21 AND OFFICE SPACE.—The Director of National In22 telligence shall provide to each member of the Board 

23 who resides more than 100 miles from the District 

24 of Columbia such communications services and office 

25 space as may be necessary for the member to access 


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1 and use classified information. Such services and of2 fice space shall be located at an existing secure gov3 ernment or contractor facility located within the vi4 cinity of such member’s place of residence.’’. 


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Calendar No. 235 

113TH CONGRESS 

1ST SESSION S. 1631 

A BILL 

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

OCTOBER 31, 2013 

Read twice and placed on the calendar 


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