The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S8452-S8454 on Dec. 27, 2012.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3435. Mr. MERKLEY (for himself, Mr. Lee, Mr. Coons, Mr. Wyden, Mr. Franken, Mrs. Shaheen, Mr. Tester, and Mr. Durbin) proposed an amendment to the bill H.R. 5949, to extend the FISA Amendments Act of 2008 for five years; as follows:
At the appropriate place, insert the following:
SEC. _. DISCLOSURE OF DECISIONS, ORDERS, AND OPINIONS OF THE
FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) Findings.--Congress finds the following:
(1) Secret law is inconsistent with democratic governance. In order for the rule of law to prevail, the requirements of the law must be publicly discoverable.
(2) The United States Court of Appeals for the Seventh Circuit stated in 1998 that the ``idea of secret laws is repugnant''.
(3) The open publication of laws and directives is a defining characteristic of government of the United States. The first Congress of the United States mandated that every
``law, order, resolution, and vote [shall] be published in at least three of the public newspapers printed within the United States''.
(4) The practice of withholding decisions of the Foreign Intelligence Surveillance Court is at odds with the United States tradition of open publication of law.
(5) The Foreign Intelligence Surveillance Court acknowledges that such Court has issued legally significant interpretations of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that are not accessible to the public.
(6) The exercise of surveillance authorities under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as interpreted by secret court opinions, potentially implicates the communications of United States persons who are necessarily unaware of such surveillance.
(7) Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as amended by section 215 of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 287), authorizes the Federal Bureau of Investigation to require the production of ``any tangible things'' and the extent of such authority, as interpreted by secret court opinions, has been concealed from the knowledge and awareness of the people of the United States.
(8) In 2010, the Department of Justice and the Office of the Director of National Intelligence established a process to review and declassify opinions of the Foreign Intelligence Surveillance Court, but more than two years later no declassifications have been made.
(b) Sense of Congress.--It is the sense of Congress that each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of section 501 or section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a) should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information.
(c) Requirement for Disclosures.--
(1) Section 501.--
(A) In general.--Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the end the following:
``(i) Disclosure of Decisions.--
``(1) Decision defined.--In this subsection, the term
`decision' means any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of this section.
``(2) Requirement for disclosure.--Subject to paragraphs
(3) and (4), the Attorney General shall declassify and make available to the public--
``(A) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and
``(B) each decision issued prior to the date of the enactment of the ____ Act that was required to be submitted to committees of Congress under section 601(c), not later than 180 days after such date of enactment.
``(3) Unclassified summaries.--Notwithstanding paragraph
(2) and subject to paragraph (4), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision.
``(4) Unclassified report.--Notwithstanding paragraphs (2) and (3), if the Attorney General makes a determination that any decision may not be declassified under paragraph (2) and an unclassified summary of such decision may not be made available under paragraph (3), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include--
``(A) an estimate of the number of decisions that will be declassified at the end of such deliberations; and
``(B) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States.''.
(2) Section 702.--Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is amended by adding at the end the following:
``(4) Disclosure of decisions.--
``(A) Decision defined.--In this paragraph, the term
`decision' means any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of this section.
``(B) Requirement for disclosure.--Subject to subparagraphs
(C) and (D), the Attorney General shall declassify and make available to the public--
``(i) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and
``(ii) each decision issued prior to the date of the enactment of the ____ Act that was required to be submitted to committees of Congress under section 601(c), not later than 180 days after such date of enactment.
``(C) Unclassified summaries.--Notwithstanding subparagraph
(B) and subject to subparagraph (D), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision.
``(D) Unclassified report.--Notwithstanding subparagraphs
(B) and (C), if the Attorney General makes a determination that any decision may not be declassified under subparagraph
(B) and an unclassified summary of such decision may not be made available under subparagraph (C), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include--
``(i) an estimate of the number of decisions that will be declassified at the end of such deliberations; and
``(ii) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States.''.
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SA 3436. Mr. PAUL (for himself and Mr. Lee) proposed an amendment to the bill H.R. 5949, to extend the FISA Amendments Act of 2008 for five years; as follows:
At the appropriate place, insert the following:
SEC. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION ACT OF
2012.
(a) Short Title.--This section may be cited as the ``Fourth Amendment Preservation and Protection Act of 2012''.
(b) Findings.--Congress finds that the right under the Fourth Amendment to the Constitution of the United States of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is violated when the Federal Government or a State or local government acquires information voluntarily relinquished by a person to another party for a limited business purpose without the express informed consent of the person to the specific request by the Federal Government or a State or local government or a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(c) Definition.--In this section, the term ``system of records'' means any group of records from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular associated with the individual.
(d) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the Federal Government and a State or local government is prohibited from obtaining or seeking to obtain information relating to an individual or group of individuals held by a third-party in a system of records, and no such information shall be admissible in a criminal prosecution in a court of law.
(2) Exception.--The Federal Government or a State or local government may obtain, and a court may admit, information relating to an individual held by a third-party in a system of records if--
(A) the individual whose name or identification information the Federal Government or State or local government is using to access the information provides express and informed consent to the search; or
(B) the Federal Government or State or local government obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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SA 3437. Mr. LEAHY (for himself, Mr. Durbin, Mr. Franken, Mrs. Shaheen, Mr. Akaka, and Mr. Coons) proposed an amendment to the bill H.R. 5949, to extend the FISA Amendments Act of 2008 for five years; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAA Sunsets Extension Act of 2012''.
SEC. 2. EXTENSION OF FISA AMENDMENTS ACT OF 2008 SUNSET.
(a) Extension.--Section 403(b)(1) of the FISA Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is amended by striking ``December 31, 2012'' and inserting
``June 1, 2015''.
(b) Technical and Conforming Amendments.--Section 403(b)(2) of such Act (Public Law 110-261; 122 Stat. 2474) is amended by striking ``December 31, 2012'' and inserting ``June 1, 2015''.
(c) Orders in Effect.--Section 404(b)(1) of such Act
(Public Law 110-261; 50 U.S.C. 1801 note) is amended in the heading by striking ``December 31, 2012'' and inserting
``June 1, 2015''.
SEC. 3. INSPECTOR GENERAL REVIEWS.
(a) Agency Assessments.--Section 702(l)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``authorized to acquire foreign intelligence information under subsection (a)'' and inserting ``with targeting or minimization procedures approved under this section'';
(2) in subparagraph (C), by inserting ``United States persons or'' after ``later determined to be''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking ``such review'' and inserting ``review conducted under this paragraph'';
(B) in clause (ii), by striking ``and'' at the end;
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii), the following:
``(iii) the Inspector General of the Intelligence Community; and''.
(b) Inspector General of the Intelligence Community Review.--Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Inspector general of the intelligence community review.--
``(A) In general.--The Inspector General of the Intelligence Community is authorized to review the acquisition, use, and dissemination of information acquired under subsection (a) in order to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f), and in order to conduct the review required under subparagraph (B).
``(B) Mandatory review.--The Inspector General of the Intelligence Community shall review the procedures and guidelines developed by the intelligence community to implement this section, with respect to the protection of the privacy rights of United States persons, including--
``(i) an evaluation of the limitations outlined in subsection (b), the procedures approved in accordance with subsections (d) and (e), and the guidelines adopted in accordance with subsection (f), with respect to the protection of the privacy rights of United States persons; and
``(ii) an evaluation of the circumstances under which the contents of communications acquired under subsection (a) may be searched in order to review the communications of particular United States persons.
``(C) Consideration of other reviews and assessments.--In conducting a review under subparagraph (B), the Inspector General of the Intelligence Community should take into consideration, to the extent relevant and appropriate, any reviews or assessments that have been completed or are being undertaken under this section.
``(D) Report.--Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit a report regarding the reviews conducted under this paragraph to--
``(i) the Attorney General;
``(ii) the Director of National Intelligence; and
``(iii) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution--
``(I) the congressional intelligence committees; and
``(II) the Committees on the Judiciary of the House of Representatives and the Senate.
``(E) Public reporting of findings and conclusions.--In a manner consistent with the protection of the national security of the United States, and in unclassified form, the Inspector General of the Intelligence Community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph (B).''.
SEC. 4. ANNUAL REVIEWS.
Section 702(l)(4)(A) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(4)(A)), as redesignated by section 3(b)(1), is amended--
(1) in the matter preceding clause (i)--
(A) in the first sentence--
(i) by striking ``conducting an acquisition authorized under subsection (a)'' and inserting ``with targeting or minimization procedures approved under this section''; and
(ii) by striking ``the acquisition'' and inserting
``acquisitions under subsection (a)''; and
(B) in the second sentence, by striking ``The annual review'' and inserting ``As applicable, the annual review''; and
(2) in clause (iii), by inserting ``United States persons or'' after ``later determined to be''.
______
SA 3438. Mr. WYDEN (for himself, Mr. Udall of Colorado, Mr. Lee, Mr. Durbin, Mr. Merkley, Mr. Udall of New Mexico, Mr. Begich, Mr. Franken, Mr. Webb, Mrs. Shaheen, Mr. Tester, Mr. Bingaman, and Mr. Lautenberg) submitted an amendment intended to be proposed by him to the bill H.R. 5949, to extend the FISA Amendments Act of 2008 for five years; which was ordered to lie on the table.
At the appropriate place, insert the following: SEC. _. CLARIFICATION ON PROHIBITION ON SEARCHING OF
COLLECTIONS OF COMMUNICATIONS OF UNITED STATES
PERSONS.
Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
(1) in subsection (b), by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin;
(2) by striking ``An acquisition'' and inserting the following:
``(1) In general.--An acquisition''; and
(3) by adding at the end the following:
``(2) Clarification on prohibition on searching of collections of communications of united states persons.--
``(A) In general.--Except as provided in subparagraph (B), no officer or employee of the United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation).
``(B) Concurrent authorization and exception for emergency situations.--Subparagraph (A) does not apply to a search for communications related to a particular United States person if--
``(i) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order;
``(ii) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or
``(iii) such United States person has consented to the search.''.
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