LIBERT-E Act

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. 1. Short title This Act may be cited as the Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act LIBERT-E Act 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 (1) in subsection (b)(2)(A)— (A) in the matter preceding clause (i)— (i) by inserting specific and articulable facts showing (ii) by inserting and material are relevant (iii) by striking clandestine intelligence activities clandestine intelligence activities and pertain only to an individual that is the subject of such investigation; and (B) by striking clauses (i) through (iii); (2) in subsection (c)(2)— (A) in subparagraph (D), by striking ; and (B) in subparagraph (E), by striking the period and inserting ; 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 production order or nondisclosure order (II) by striking the second sentence; and (ii) in clause (ii) in the third sentence, by striking production order or nondisclosure order order (B) in subparagraph (C)— (i) by striking clause (ii); and (ii) by redesignating clause (iii) as clause (ii). 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 (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 (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. 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 50 U.S.C. 1881a (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 (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 50 U.S.C. 3003(4) 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 (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. .

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.