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 PA-
TRIOT 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 deter-
mined 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 Ameri-
cans under section 501 of the Foreign Intelligence Sur-
veillance 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. 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Limiting Internet and 
Blanket Electronic Review of Telecommunications and 
Email Act’’ or ‘‘LIBERT-E Act’’. 
SEC. 2. REFORMS TO ACCESS TO CERTAIN BUSINESS 
RECORDS FOR FOREIGN INTELLIGENCE AND 
INTERNATIONAL 
TERRORISM 
INVESTIGA-
TIONS. 
Section 501 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861) is amended— 
(1) in subsection (b)(2)(A)— 
(A) in the matter preceding clause (i)— 
(i) 
by 
inserting 
‘‘specific 
and 
articulable’’ before ‘‘facts showing’’; 
(ii) by inserting ‘‘and material’’ after 
‘‘are relevant’’; and 
(iii) by striking ‘‘clandestine intel-
ligence activities’’ and all that follows and 
inserting ‘‘clandestine intelligence activities 
and pertain only to an individual that is 
the subject of such investigation; and’’; 
and 
(B) by striking clauses (i) through (iii); 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
(2) in subsection (c)(2)— 
(A) in subparagraph (D), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (E), by striking the 
period and inserting ‘‘; and’’; 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 tan-
gible 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 fil-
ing a petition in accordance with sub-
section (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 strik-
ing ‘‘production order’’ and inserting 
‘‘production order or nondisclosure 
order’’; and 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
(II) by striking the second sen-
tence; and 
(ii) in clause (ii) in the third sentence, 
by striking ‘‘production order or nondisclo-
sure order’’ and inserting ‘‘order’’; and 
(B) in subparagraph (C)— 
(i) by striking clause (ii); and 
(ii) by redesignating clause (iii) as 
clause (ii). 
SEC. 3. ADDITIONAL DISCLOSURES TO CONGRESS AND THE 
PUBLIC. 
(a) IN GENERAL.—Section 601 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1871) is 
amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing 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 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
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 man-
ner consistent with the protection of national secu-
rity. 
‘‘(2) UNCLASSIFIED SUMMARIES OF DECISIONS, 
ORDERS, OR OPINIONS.—Not later than 180 days 
after the date on which the Attorney General sub-
mits a decision, order, or opinion under subsection 
(c), the Attorney General shall make publicly avail-
able an unclassified summary of such decision, 
order, or opinion.’’. 
(b) SUBMISSIONS MADE PRIOR TO DATE OF ENACT-
MENT.— 
(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 Sur-
veillance Act of 1978 (50 U.S.C. 1871) prior to the 
date of the enactment of this Act available to all 
Members of Congress (including the Delegates and 
Resident Commissioner to the Congress) in a man-
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
ner consistent with the protection of national secu-
rity. 
(2) UNCLASSIFIED SUMMARIES OF DECISIONS, 
ORDERS, OR OPINIONS.—Not later than 180 days 
after the date of the enactment of this Act, the At-
torney General shall make publicly available an un-
classified summary of each decision, order, or opin-
ion 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. 
SEC. 4. REPORT ON IMPACT OF PROVISIONS RELATING TO 
ACCESS TO CERTAIN BUSINESS RECORDS 
AND TARGETING NON-UNITED STATES PER-
SONS 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 De-
partment of Justice and the inspector general of each ele-
ment 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) or an order or determination under section 702 of 
such Act (50 U.S.C. 1881a) on or after October 26, 2001, 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
shall jointly submit to Congress a report on the impact 
of acquisitions made under such section 501 or such sec-
tion 702 on or after October 26, 2001, on the privacy in-
terests of United States persons. 
(b) CONTENTS.—The report required by subsection 
(a) shall include the following 
(1) An assessment of the impact that imple-
mentation 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, 1881a) has had on the privacy of persons in-
side the United States. 
(2) An assessment of the extent to which acqui-
sitions made under such section 501 and such sec-
tion 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 sec-
tion 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 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
(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 inci-
dents of non-compliance with such section 501 or 
such section 702, with a particular focus on any 
types of non-compliance incidents that have re-
curred, 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’’ has the mean-
ing given the term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)). 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS
SEC. 5. FORM OF ASSESSMENTS OF PROCEDURES TAR-
GETING CERTAIN PERSONS LOCATED OUT-
SIDE THE UNITED STATES. 
Section 702(l) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881a) is amended by add-
ing at the end the following new paragraph: 
‘‘(4) FORM OF ASSESSMENTS AND REVIEWS.— 
Each assessment or review required under para-
graph (1), (2), or (3) shall be submitted or provided 
in unclassified form, but may include a classified 
annex.’’. 
Æ 
VerDate Mar 15 2010 
19:57 Jun 21, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H2399.IH
H2399
mstockstill on DSK4VPTVN1PROD with BILLS