II 

Calendar No. 463 

112TH CONGRESS 

2D SESSION S. 3276 

[Report No. 112–174] 

To extend certain amendments made by the FISA Amendments Act of 2008, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2012 

Mrs. FEINSTEIN, from the Select Committee on Intelligence, reported the 

following original bill; which was read twice and placed on the calendar 

JUNE 29, 2012 

Referred to the Committee on the Judiciary pursuant to section 3(b) of 

S. Res. 400 of the 94th Congress, as amended by S. Res. 445 of the 108th 

Congress 

JULY 19, 2012 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To extend certain amendments made by the FISA 

Amendments Act of 2008, 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, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘FAA Sunsets Exten3 sion Act of 2012’’. 

4 SEC. 2. EXTENSION OF FISA AMENDMENTS ACT OF 2008 

5 SUNSET. 

6 (a) EXTENSION.—Section 403(b)(1) of the FISA 

7 Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 

8 1881 note) is amended by striking ‘‘December 31, 2012’’ 

9 and inserting ‘‘June 1, 2017’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 Section 403(b)(2) of such Act (Public Law 110-261; 122 

12 Stat. 2474) is amended by striking ‘‘December 31, 2012’’ 

13 and inserting ‘‘June 1, 2017’’. 

14 (c) ORDERS IN EFFECT.—Section 404(b)(1) of such 

15 Act (Public Law 110-261; 50 U.S.C. 1801 note) is amend16 ed in the heading by striking ‘‘DECEMBER 31, 2012’’ and 

17 inserting ‘‘JUNE 1, 2017’’. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘FAA Sunsets Extension 

20 Act of 2012’’. 

21 SEC. 2. EXTENSION OF FISA AMENDMENTS ACT OF 2008 

22 SUNSET. 

23 (a) EXTENSION.—Section 403(b)(1) of the FISA 

24 Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 

25 1881 note) is amended by striking ‘‘December 31, 2012’’ 

26 and inserting ‘‘June 1, 2015’’. 

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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Section 403(b)(2) of such Act (Public Law 110-261; 122 

3 Stat. 2474) is amended by striking ‘‘December 31, 2012’’ 

4 and inserting ‘‘June 1, 2015’’. 

5 (c) ORDERS IN EFFECT.—Section 404(b)(1) of such 

6 Act (Public Law 110-261; 50 U.S.C. 1801 note) is amended 

7 in the heading by striking ‘‘DECEMBER 31, 2012’’ and insert8 ing ‘‘JUNE 1, 2015’’. 

9 SEC. 3. INSPECTOR GENERAL REVIEWS. 

10 (a) AGENCY ASSESSMENTS.—Section 702(l)(2) of the 

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

12 1881a(l)(2)) is amended— 

13 (1) in the matter preceding subparagraph (A), 

14 by striking ‘‘authorized to acquire foreign intelligence 

15 information under subsection (a)’’ and inserting 

16 ‘‘with targeting or minimization procedures approved 

17 under this section’’; 

18 (2) in subparagraph (C), by inserting ‘‘United 

19 States persons or’’ after ‘‘later determined to be’’; and 

20 (3) in subparagraph (D)— 

21 (A) in the matter preceding clause (i), by 

22 striking ‘‘such review’’ and inserting ‘‘review 

23 conducted under this paragraph’’; 

24 (B) in clause (ii), by striking ‘‘and’’ at the 

25 end; 

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1 (C) by redesignating clause (iii) as clause 

2 (iv); and 

3 (D) by inserting after clause (ii), the fol4 lowing: 

5 ‘‘(iii) the Inspector General of the In6 telligence Community; and’’. 

7 (b) INSPECTOR GENERAL OF THE INTELLIGENCE COM8 MUNITY REVIEW.—Section 702(l) of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is 

10 amended— 

11 (1) by redesignating paragraph (3) as para12 graph (4); and 

13 (2) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) INSPECTOR GENERAL OF THE INTEL16 LIGENCE COMMUNITY REVIEW.— 

17 ‘‘(A) IN GENERAL.—The Inspector General 

18 of the Intelligence Community is authorized to 

19 review the acquisition, use, and dissemination of 

20 information acquired under subsection (a) in 

21 order to review compliance with the targeting 

22 and minimization procedures adopted in accord23 ance with subsections (d) and (e) and the guide24 lines adopted in accordance with subsection (f), 

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1 and in order to conduct the review required 

2 under subparagraph (B). 

3 ‘‘(B) MANDATORY REVIEW.—The Inspector 

4 General of the Intelligence Community shall re5 view the procedures and guidelines developed by 

6 the intelligence community to implement this 

7 section, with respect to the protection of the pri8 vacy rights of United States persons, includ9 ing— 

10 ‘‘(i) an evaluation of the limitations 

11 outlined in subsection (b), the procedures 

12 approved in accordance with subsections (d) 

13 and (e), and the guidelines adopted in ac14 cordance with subsection (f), with respect to 

15 the protection of the privacy rights of 

16 United States persons; and 

17 ‘‘(ii) an evaluation of the cir18 cumstances under which the contents of 

19 communications acquired under subsection 

20 (a) may be searched in order to review the 

21 communications of particular United States 

22 persons. 

23 ‘‘(C) CONSIDERATION OF OTHER REVIEWS

24 AND ASSESSMENTS.—In conducting a review 

25 under subparagraph (B), the Inspector General 

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1 of the Intelligence Community should take into 

2 consideration, to the extent relevant and appro3 priate, any reviews or assessments that have been 

4 completed or are being undertaken under this 

5 section. 

6 ‘‘(D) REPORT.—Not later than December 

7 31, 2014, the Inspector General of the Intel8 ligence Community shall submit a report regard9 ing the reviews conducted under this paragraph 

10 to— 

11 ‘‘(i) the Attorney General; 

12 ‘‘(ii) the Director of National Intel13 ligence; and 

14 ‘‘(iii) consistent with the Rules of the 

15 House of Representatives, the Standing 

16 Rules of the Senate, and Senate Resolution 

17 400 of the 94th Congress or any successor 

18 Senate resolution— 

19 ‘‘(I) the congressional intelligence 

20 committees; and 

21 ‘‘(II) the Committees on the Judi22 ciary of the House of Representatives 

23 and the Senate. 

24 ‘‘(E) PUBLIC REPORTING OF FINDINGS AND

25 CONCLUSIONS.—In a manner consistent with the 

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1 protection of the national security of the United 

2 States, and in unclassified form, the Inspector 

3 General of the Intelligence Community shall 

4 make publicly available a summary of the find5 ings and conclusions of the review conducted 

6 under subparagraph (B).’’. 

7 SEC. 4. ANNUAL REVIEWS. 

8 Section 702(l)(4)(A) of the Foreign Intelligence Sur9 veillance Act of 1978 (50 U.S.C. 1881a(l)(4)(A)), as redesig10 nated by section 3(b)(1), is amended— 

11 (1) in the matter preceding clause (i)— 

12 (A) in the first sentence— 

13 (i) by striking ‘‘conducting an acquisi14 tion authorized under subsection (a)’’ and 

15 inserting ‘‘with targeting or minimization 

16 procedures approved under this section’’; 

17 and 

18 (ii) by striking ‘‘the acquisition’’ and 

19 inserting ‘‘acquisitions under subsection 

20 (a)’’; and 

21 (B) in the second sentence, by striking ‘‘The 

22 annual review’’ and inserting ‘‘As applicable, the 

23 annual review’’; and 

24 (2) in clause (iii), by inserting ‘‘United States 

25 persons or’’ after ‘‘later determined to be’’. 

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Calendar No. 463 

112TH CONGRESS 

2D SESSION S. 3276 

[Report No. 112–174] 

A BILL 

Amendments Act of 2008, and for other purposes. 

To extend certain amendments made by the FISA 

JULY 19, 2012 

Reported with an amendment 

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