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Shown Here: Introduced in Senate (06/13/2013)
113th CONGRESS 1st Session
S. 1168
To amend the Foreign Intelligence Surveillance Act of
1978 to limit overbroad surveillance requests and expand reporting requirements
and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 13, 2013
Mr. Sanders introduced
the following bill; which was read twice and referred to the
Committee on the
Judiciary
A BILL
To amend the Foreign Intelligence Surveillance Act of
1978 to limit overbroad surveillance requests and expand reporting requirements
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Short
title.
This Act may be cited as
the “Restore Our Privacy
Act”.
SEC. 2. Limiting overbroad
surveillance requests.
Section
501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is
amended—
(1) in subsection (a)(1), by striking “to
protect against international terrorism or clandestine intelligence
activities,” and inserting “for an investigation concerning
international terrorism which investigation is being conducted by the Federal
Bureau of Investigation,”;
(2) in subsection (b)(2)(A)—
(A) in the matter preceding clause (i)—
(i) by striking “a statement of facts
showing that there are reasonable grounds” and inserting “specific
and articulable facts giving reason”;
(ii) by inserting “each of” before
“the tangible things”;
(iii) by striking “are” and
inserting “is”; and
(iv) by striking “to protect against
international terrorism or clandestine intelligence activities,” and
inserting “an investigation concerning international terrorism which
investigation is being conducted by the Federal Bureau of
Investigation,”;
(B) in clause (i), by adding “or”
at the end;
(C) in clause (ii), by striking
“or” and inserting “and”; and
(D) by striking clause (iii); and
(3) in subsection (c)(1), after “the release of
tangible things.” by inserting “For each tangible thing to be released,
the judge shall enter a finding that the Director of the Federal Bureau of
Investigation or the Director’s designee has presented specific and articulable
facts giving reason to believe that the thing is relevant to an authorized
investigation (other than a threat assessment) conducted in accordance with
subsection (a)(2) of this section to obtain foreign intelligence information
not concerning a United States person or an investigation concerning
international terrorism which investigation is being conducted by the Federal
Bureau of Investigation.”.
SEC. 3. Expansion of
reporting requirements under FISA.
Section 502 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1862) is amended by striking subsections
(a), (b), and (c) and inserting the following:
“(a) On a semiannual basis, the Attorney General
shall fully inform Congress concerning all requests for the production of
tangible things under section 501, including with respect to the preceding
6-month period—
“(1) the total number of applications made for
orders approving requests for the production of tangible things under section
501; and
“(2) the total number of such orders either
granted, modified, or denied.
“(b) In informing Congress under subsection (a),
the Attorney General shall include the following:
“(1) A description with respect to each
application for an order requiring the production of any tangible things for
the specific purpose for such production.
“(2) An analysis of the effectiveness of each
application that was granted or modified in protecting citizens of the United
States against terrorism.
“(c) In a manner consistent with the protection
of the national security of the United States, the Attorney General shall make
available to the public the information provided to Congress under subsection
(a).”.