To amend the Foreign Intelligence Surveillance Act of 1978 to improve transparency, and for other purposes.
A BILL
Sec. 2 Reports to Congress on sensitive queries
“(E) Reports to Congress—Not less frequently than once each year, the Attorney General shall submit to the appropriate committees of Congress an annual report on the number of—
“(i) requests to conduct sensitive queries in the year covered by the report;
“(ii) requests to conduct sensitive queries that were approved and denied in the year covered by the report; and
“(iii) sensitive queries conducted in the year covered by the report, with such numbers disaggregated by the subclause of subparagraph (D)(ii) under which the requests were made or the sensitive queries were conducted.”
Sec. 3 Declassification of significant decisions, orders, and opinions
“(a) Declassification required
“(1) In general—Subject to subsection (b), the Director of National Intelligence, in consultation with the Attorney General, shall—
“(A) conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 601(e)) that is described in paragraph (2);
“(B) consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion; and
“(C) complete the declassification review required by subparagraph (A) and public release of each such decision, order, or opinion pursuant to subparagraph (B) by not later than 180 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues such decision, order, or opinion.
“(2) Decision, order, or opinion described—A decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that is described in this paragraph is any such decision, order, or opinion issued before, on, or after the date of the enactment of this Act that—
“(A) includes a significant construction or interpretation of any provision of law, including any novel or significant construction or interpretation of any term;
“(B) involves a sensitive investigative matter (as defined in section 103(i)(12)); or
“(C) has been nominated for a declassification review by an amicus curiae appointed by the court.
“(3) Definition of sensitive investigative matter—In this subsection, the term sensitive investigative matter means—
“(A) an investigative matter involving the activities of—
“(i) a domestic public official or political candidate, or an individual serving on the staff of such an official or candidate;
“(ii) a domestic religious or political organization, or a known or suspected United States person prominent in such an organization; or
“(iii) the domestic news media; or
“(B) any other investigative matter involving a domestic entity or a known or suspected United States person that, in the judgment of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, is similarly as sensitive as an investigative matter described in subparagraph (A).”
Sec. 4 Reports on violations of law or Executive Order
“(c) Public availability
“(1) In general—The Director of National Intelligence shall make each report submitted under subsection (a) available to the public on an internet website, with such redactions as may be necessary to protect sources and methods.
“(2) Retroactive report publication—With respect to a report submitted under subsection (a) prior to the date of the enactment of this paragraph, such report shall be made publicly available pursuant to paragraph (1) by not later than 180 days after the date of the enactment of this paragraph.
“(d) Department of Justice report—The Attorney General shall, in consultation with the Director of National Intelligence, submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a version of the report described in subsection (a) that addresses violations of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).”
Sec. 5 Transparency related to United States person queries outside of the Foreign Intelligence Surveillance Act (FISA)
“(8) a good faith estimate of the number of United States person search terms and queries, by each element of the intelligence community, used to retrieve information acquired pursuant to Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities), or successor order, outside of this Act.”