I 

113TH CONGRESS 

1ST SESSION H. R. 3756 

To provide for the public disclosure of information regarding surveillance 

activities under the Foreign Intelligence Surveillance Act of 1978. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2013 

Mr. PERRY 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 provide for the public disclosure of information regarding 

surveillance activities under the Foreign Intelligence Surveillance Act of 1978. 

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

3 SECTION 1. PUBLIC DISCLOSURE OF INFORMATION RE4 GARDING SURVEILLANCE ACTIVITIES UNDER 

5 THE FOREIGN INTELLIGENCE SURVEIL6 LANCE ACT OF 1978. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) FISA COURT.—The term ‘‘FISA Court’’ 

2 means a court established under section 103 of the 

3 Foreign Intelligence Surveillance Act of 1978 (50 

4 U.S.C. 1803). 

5 (2) INTELLIGENCE COMMUNITY.—The term 

6 ‘‘intelligence community’’ has the meaning given 

7 that term in section 3(4) of the National Security 

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

9 (b) REQUIREMENT TO DISCLOSE.— 

10 (1) IN GENERAL.—If a FISA Court issues a de11 cision that determines that surveillance activities 

12 conducted by the Government of the United States 

13 have violated the laws or Constitution of the United 

14 States, the Attorney General shall publicly disclose 

15 the decision in a manner consistent with the protec16 tion of the national security of the United States. 

17 (2) DISCLOSURE DESCRIBED.—For each disclo18 sure required by paragraph (1), the Attorney Gen19 eral shall make available to the public documents 

20 sufficient to identify with particularity the statutory 

21 or constitutional provision that was determined to 

22 have been violated. 

23 (3) DOCUMENTS DESCRIBED.—The Attorney 

24 General shall satisfy the disclosure requirements in 

25 paragraph (2) by— 


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1 (A) releasing a FISA Court decision in its 

2 entirety or as redacted; or 

3 (B) releasing a summary of a FISA Court 

4 decision. 

5 (4) EXTENSIVE DISCLOSURE.—The Attorney 

6 General shall release as much information regarding 

7 the facts and analysis contained in a decision de8 scribed in paragraph (1) or documents described in 

9 paragraph (3) as is consistent with legitimate na10 tional security concerns. 

11 (5) TIMING OF DISCLOSURE.—A decision that 

12 is required to be disclosed under paragraph (1) shall 

13 be disclosed not later than 60 days after the decision 

14 is issued. 

15 (c) DIRECTOR OF NATIONAL INTELLIGENCE DISCLO16 SURES TO CONGRESS AND THE PUBLIC.— 

17 (1) REQUIREMENT FOR DISCLOSURES TO CON18 GRESS.—Not later than 90 days after the date of 

19 the enactment of this Act, the Director of National 

20 Intelligence shall provide to Congress, in writing, the 

21 following information: 

22 (A) Whether the National Security Agency 

23 or any other element of the intelligence commu24 nity has ever collected the cell-site location in25 formation of a large number of United States 


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1 persons with no known connection to suspicious 

2 activity, or made plans to collect such informa3 tion. 

4 (B) A description of the type and amount 

5 of evidence the Director of National Intelligence 

6 believes is required to permit the collection of 

7 cell-site location information of United States 

8 persons for intelligence purposes. 

9 (C) Whether the National Security Agency 

10 or any other element of the intelligence commu11 nity has ever conducted a warrantless search of 

12 a collection of communications collected under 

13 section 702 of the Foreign Intelligence Surveil14 lance Act of 1978 (50 U.S.C. 1881a) in an ef15 fort to find the communications of a particular 

16 United States person (other than a corpora17 tion). 

18 (D) If the National Security Agency or any 

19 other element of the intelligence community has 

20 conducted a search described in subparagraph 

21 (C), the number of such searches that have 

22 been conducted or an estimate of such number 

23 if it is not possible to provide a precise count. 

24 (E) A specific description of when the 

25 United States Government first began relying 


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1 on authorities under the Foreign Intelligence 

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

3 seq.) to justify the collection of records per4 taining to large numbers of United States per5 sons with no known connection to suspicious ac6 tivity. 

7 (F) Whether representations made to the 

8 Supreme Court of the United States by the De9 partment of Justice in the case of Clapper v. 

10 Amnesty International USA accurately de11 scribed the use of authorities under the Foreign 

12 Intelligence Surveillance Act of 1978 by the 

13 United States Government, and if any represen14 tations were inaccurate, which representations 

15 were inaccurate and how such representations 

16 have been corrected. 

17 (G) A listing of FISA Court opinions that 

18 identified violations of the law, the Constitution, 

19 or FISA Court orders with regard to collection 

20 carried out pursuant to section 402, 501, or 

21 702 of the Foreign Intelligence Surveillance Act 

22 of 1978 (50 U.S.C. 1842, 1861, and 1881a) 

23 and a description of the violations identified by 

24 a FISA Court. 

25 (2) FORM OF DISCLOSURES.— 


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1 (A) DISCLOSURES TO THE PUBLIC.—The 

2 written submission required by paragraph (1) 

3 shall be made available to the public not later 

4 than 15 days after the date it is submitted to 

5 Congress. 

6 (B) REDACTIONS.—If the Director of Na7 tional Intelligence believes that public disclosure 

8 of information in the written submission re9 quired by paragraph (1) could cause significant 

10 harm to national security, the Director may re11 dact such information from the version made 

12 available to the public. 

13 (C) SUBMISSION TO CONGRESS.—If the 

14 Director redacts information under subpara15 graph (B), not later than 30 days after the date 

16 the written submission required by paragraph 

17 (1) is made available to the public under sub18 paragraph (A), the Director shall submit to the 

19 Select Committee on Intelligence of the Senate 

20 and the Permanent Select Committee on Intel21 ligence of the House of Representatives a state22 ment explaining the specific harm to national 

23 security that the disclosure of such information 

24 could cause. 


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1 (d) ASSESSMENT OF ECONOMIC IMPACT OF SURVEIL2 LANCE ACTIVITIES.— 

3 (1) REQUIREMENT FOR ASSESSMENT.—The 

4 Comptroller General of the United States, in con5 sultation with the United States International Trade 

6 Commission, shall conduct an assessment of the eco7 nomic impact of bulk collection programs conducted 

8 under title IV and title V of the Foreign Intelligence 

9 Surveillance Act of 1978 (50 U.S.C. 1841 et seq.), 

10 as modified by the USA PATRIOT Act (Public Law 

11 107–56; 115 Stat. 272), and of surveillance pro12 grams conducted under section 702 of the Foreign 

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

14 1881a), in light of the fact that such programs are 

15 now public. 

16 (2) EVALUATION.—The assessment required by 

17 paragraph (1) shall include an evaluation of the im18 pact of these disclosures on United States commu19 nication service providers’ ability to compete in for20 eign markets. 

21 (3) SUBMISSION TO CONGRESS.—Not later than 

22 270 days after the date of the enactment of this Act, 

23 the Comptroller General shall submit to Congress 


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1 the findings of the assessment required by para2 graph (1). 

Æ 


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