114th CONGRESS
1st Session
H. R. 2454
To provide for the public disclosure of information regarding
surveillance activities under the Foreign Intelligence Surveillance Act
of 1978.
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IN THE HOUSE OF REPRESENTATIVES
May 19, 2015
Mr. Perry 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
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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A BILL
To provide for the public disclosure of information regarding
surveillance activities under the Foreign Intelligence Surveillance Act
of 1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PUBLIC DISCLOSURE OF INFORMATION REGARDING SURVEILLANCE
ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978.
(a) Definitions.--In this section:
(1) FISA court.--The term ``FISA Court'' means a court
established under section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(b) Requirement To Disclose.--
(1) In general.--If a FISA Court issues a decision that
determines that surveillance activities conducted by the
Government of the United States have violated the laws or
Constitution of the United States, the Attorney General shall
publicly disclose the decision in a manner consistent with the
protection of the national security of the United States.
(2) Disclosure described.--For each disclosure required by
paragraph (1), the Attorney General shall make available to the
public documents sufficient to identify with particularity the
statutory or constitutional provision that was determined to
have been violated.
(3) Documents described.--The Attorney General shall
satisfy the disclosure requirements in paragraph (2) by--
(A) releasing a FISA Court decision in its entirety
or as redacted; or
(B) releasing a summary of a FISA Court decision.
(4) Extensive disclosure.--The Attorney General shall
release as much information regarding the facts and analysis
contained in a decision described in paragraph (1) or documents
described in paragraph (3) as is consistent with legitimate
national security concerns.
(5) Timing of disclosure.--A decision that is required to
be disclosed under paragraph (1) shall be disclosed not later
than 60 days after the decision is issued.
(c) Director of National Intelligence Disclosures to Congress and
the Public.--
(1) Requirement for disclosures to congress.--Not later
than 90 days after the date of the enactment of this Act, the
Director of National Intelligence shall provide to Congress, in
writing, the following information:
(A) Whether the National Security Agency or any
other element of the intelligence community has ever
collected the cell-site location information of a large
number of United States persons with no known
connection to suspicious activity, or made plans to
collect such information.
(B) A description of the type and amount of
evidence the Director of National Intelligence believes
is required to permit the collection of cell-site
location information of United States persons for
intelligence purposes.
(C) Whether the National Security Agency or any
other element of the intelligence community has ever
conducted a warrantless search of a collection of
communications collected under section 702 of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a) in an effort to find the communications
of a particular United States person (other than a
corporation).
(D) If the National Security Agency or any other
element of the intelligence community has conducted a
search described in subparagraph (C), the number of
such searches that have been conducted or an estimate
of such number if it is not possible to provide a
precise count.
(E) A specific description of when the United
States Government first began relying on authorities
under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) to justify the collection of
records pertaining to large numbers of United States
persons with no known connection to suspicious
activity.
(F) Whether representations made to the Supreme
Court of the United States by the Department of Justice
in the case of Clapper v. Amnesty International USA
accurately described the use of authorities under the
Foreign Intelligence Surveillance Act of 1978 by the
United States Government, and if any representations
were inaccurate, which representations were inaccurate
and how such representations have been corrected.
(G) A listing of FISA Court opinions that
identified violations of the law, the Constitution, or
FISA Court orders with regard to collection carried out
pursuant to section 402, 501, or 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842,
1861, and 1881a) and a description of the violations
identified by a FISA Court.
(2) Form of disclosures.--
(A) Disclosures to the public.--The written
submission required by paragraph (1) shall be made
available to the public not later than 15 days after
the date it is submitted to Congress.
(B) Redactions.--If the Director of National
Intelligence believes that public disclosure of
information in the written submission required by
paragraph (1) could cause significant harm to national
security, the Director may redact such information from
the version made available to the public.
(C) Submission to congress.--If the Director
redacts information under subparagraph (B), not later
than 30 days after the date the written submission
required by paragraph (1) is made available to the
public under subparagraph (A), the Director shall
submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives a
statement explaining the specific harm to national
security that the disclosure of such information could
cause.
(d) Assessment of Economic Impact of Surveillance Activities.--
(1) Requirement for assessment.--The Comptroller General of
the United States, in consultation with the United States
International Trade Commission, shall conduct an assessment of
the economic impact of bulk collection programs conducted under
title IV and title V of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1841 et seq.), as modified by the USA
PATRIOT Act (Public Law 107-56; 115 Stat. 272), and of
surveillance programs conducted under section 702 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a), in light of the fact that such programs are now public.
(2) Evaluation.--The assessment required by paragraph (1)
shall include an evaluation of the impact of these disclosures
on United States communication service providers' ability to
compete in foreign markets.
(3) Submission to congress.--Not later than 270 days after
the date of the enactment of this Act, the Comptroller General
shall submit to Congress the findings of the assessment
required by paragraph (1).
