S 1551 · 113th Congress 2013–2015, ended

Intelligence Oversight and Surveillance Reform Act

Fact sheet

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.

  1. IntroducedSep 25, 2013
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. 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.

SeatCosponsorSigned on
D-COMark UdallOriginalSep 25, 2013
R-KYRand PaulOriginalSep 25, 2013
D-CTRichard BlumenthalOriginalSep 25, 2013
D-NMTom UdallOriginalSep 25, 2013
D-NMMartin HeinrichSep 27, 2013
I-VTBernard SandersSep 30, 2013
D-ORJeff MerkleySep 30, 2013
D-WITammy BaldwinSep 30, 2013
D-HIBrian SchatzOct 2, 2013
D-MAEdward J. MarkeyOct 8, 2013
D-IATom HarkinOct 15, 2013
D-HIMazie K. HironoOct 29, 2013
D-VTPatrick J. LeahyNov 5, 2013

Actions 2

Everything that happened, newest first.

  1. Sep 25, 2013Introduced in Senate
  2. 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.

BillTitleRelationshipLatest action
S 1467FISA Court Reform Act of 2013Related billAug 1, 2013
HR 3035Surveillance Order Reporting Act of 2013Related billSep 13, 2013
HR 3159Ensuring Adversarial Process in the FISA Court ActRelated billJan 9, 2014
HR 3228FISA Court Reform Act of 2013Related billOct 15, 2013
HR 3361USA FREEDOM ActRelated billJun 5, 2014

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Sep 25, 2013Introduced in Senate

Support LegiList

This page is free, carries no paywall, and is built and maintained by one person. If the record here is useful to you, a few dollars keeps it going.

Processed by Stripe in a separate window. LegiList never sees card details.

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.