Intelligence Oversight and Surveillance Reform Act
Latest action · Sep 25, 2013 Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedSep 25, 2013
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Intelligence Oversight and Surveillance Reform Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide additional requirements for obtaining orders for business records in counterterrorism investigations, including that the records sought pertain to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Requires additional information if the applicant is seeking a nondisclosure requirement in connection with such request. Allows the Director of the Federal Bureau of Investigation (FBI) to apply for renewals of nondisclosure requirements.
Authorizes the Attorney General (AG), on an emergency basis and under specified conditions, to require the production of call data records by the provider of a wire or electronic communication service.
Imposes additional requirements on the authorized use of pen registers and trap and trace devices (devices for recording incoming and outgoing telephone numbers), including that: (1) the information sought must pertain to a foreign power, agent thereof, or individual in contact with or known to such an agent; and (2) the application must contain a statement of proposed minimization procedures (procedures designed to minimize the acquisition and retention of such information and to prohibit its unauthorized dissemination).
Prohibits any U.S. officer or employee from conducting a search of a collection of communications in order to find the communications of a particular U.S. person. Provides exceptions.
Includes among the procedures the Attorney General is required to adopt for targeting persons outside the United States to acquire foreign intelligence information procedures that are reasonably designed to limit the acquisition of the contents of any communication to communications to which any party is a target of the acquisition or communications that refer to such target, if such communications are acquired to protect against international terrorism. Requires acquisition authorization when a significant purpose is to acquire the communications of a particular, known person reasonably believed to be in the United States (thereby, in effect, disallowing random or reverse acquisition targeting). Prohibits the use against any U.S. person of unlawfully obtained information, except with the consent of such person or if the information indicates a threat of death or serious bodily harm to any person. Provides for challenges to surveillance by U.S. persons.
Establishes within the judiciary a Constitutional Advocate to review each application to and decision of the Foreign Intelligence Surveillance Court (FISA Court). Authorizes the Advocate to participate in FISA Court proceedings or a petition review pool proceeding and to appeal any decisions of such bodies. Requires the AG to publicly disclose certain decisions of the FISA Court and the Foreign Intelligence Surveillance Court of Review. Allows for certain Advocate petitions to such Courts.
Revises requirements for national security letters (drafted by the FBI and requesting communications records of a person or entity) to require the Director to certify reasonable grounds to believe that such records pertain to a foreign power, agent thereof, or individual in contact with or known to such agent. Provides similar requirements with respect to national security letters requesting financial or consumer report records. Requires additional information in the public reporting on the use of national security letters.
Allows electronic service providers to publicly report on information provided under FISA orders and national security letters. Exempts such providers from liability with respect to such reports. Revises generally requirements concerning government reporting on the use of FISA orders.
Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to remove the AG as a required intermediary for subpoenas in connection with authorized activities of the Privacy and Civil Liberties Oversight Board.
Cosponsors 13
Members who signed on, in the order they did. Signatures ran from Sep 25, 2013 to Nov 5, 2013, with 4 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CO | Mark Udall | Original | Sep 25, 2013 |
| R-KY | Rand Paul | Original | Sep 25, 2013 |
| D-CT | Richard Blumenthal | Original | Sep 25, 2013 |
| D-NM | Tom Udall | Original | Sep 25, 2013 |
| D-NM | Martin Heinrich | Sep 27, 2013 | |
| I-VT | Bernard Sanders | Sep 30, 2013 | |
| D-OR | Jeff Merkley | Sep 30, 2013 | |
| D-WI | Tammy Baldwin | Sep 30, 2013 | |
| D-HI | Brian Schatz | Oct 2, 2013 | |
| D-MA | Edward J. Markey | Oct 8, 2013 | |
| D-IA | Tom Harkin | Oct 15, 2013 | |
| D-HI | Mazie K. Hirono | Oct 29, 2013 | |
| D-VT | Patrick J. Leahy | Nov 5, 2013 |
Actions 2
Everything that happened, newest first.
- Sep 25, 2013Introduced in Senate
- Sep 25, 2013Read twice and referred to the Committee on the Judiciary.
Related bills 5
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 1467 | FISA Court Reform Act of 2013 | Related bill | Aug 1, 2013 |
| HR 3035 | Surveillance Order Reporting Act of 2013 | Related bill | Sep 13, 2013 |
| HR 3159 | Ensuring Adversarial Process in the FISA Court Act | Related bill | Jan 9, 2014 |
| HR 3228 | FISA Court Reform Act of 2013 | Related bill | Oct 15, 2013 |
| HR 3361 | USA FREEDOM Act | Related bill | Jun 5, 2014 |
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Bank accounts, deposits, capital
- Business records
- Civil actions and liability
- Congressional oversight
- Constitution and constitutional amendments
- Consumer credit
- Crime and Law Enforcement
- Criminal investigation, prosecution, interrogation
- Executive agency funding and structure
- Government information and archives
- Intelligence activities, surveillance, classified information
- Judicial review and appeals
- Privacy and Civil Liberties Oversight Board
- Right of privacy
- Specialized courts
- Supreme Court
- Telephone and wireless communication
- Terrorism
Text 1
Each version as it was printed, newest first.
- Sep 25, 2013Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.