S.Amdt. 3862

SA 3862. Mr. LEAHY (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill S. 2248, to amend
the Foreign Intelligence Surveillance Act of 1978, to modernize and
streamline the provisions of that Act, and for other purposes; which
was ordered to lie on the table; as follows:

On page 43, after line 21, add the following:

SEC. 111. REVIEW OF PREVIOUS ACTIONS.

(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on the Judiciary of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) Terrorist surveillance program and program.--The terms
``Terrorist Surveillance Program'' and ``Program'' mean the
intelligence activity involving communications that was
authorized by the President during the period beginning on
September 11, 2001, and ending on January 17, 2007.
(b) Reviews.--
(1) Requirement to conduct.--The Inspectors General of the
Office of the Director of National Intelligence, the
Department of Justice, the National Security Agency, and any
other element of the intelligence community that participated
in the Terrorist Surveillance Program shall work in
conjunction to complete a comprehensive review of, with
respect to the oversight authority and responsibility of each
such Inspector General--
(A) all of the facts necessary to describe the
establishment, implementation, product, and use of the
product of the Program;
(B) the procedures and substance of, and access to, the
legal reviews of the Program;
(C) communications with, and participation of, individuals
and entities in the private sector related to the Program;
(D) interaction with the Foreign Intelligence Surveillance
Court and transition to court orders related to the Program;
and
(E) any other matters identified by any such Inspector
General that would enable that Inspector General to report a
complete description of the Program, with respect to such
element.
(2) Cooperation.--Each Inspector General required to
conduct a review under paragraph (1) shall--
(A) work in conjunction, to the extent possible, with any
other Inspector General required to conduct such a review;
and
(B) utilize to the extent practicable, and not
unnecessarily duplicate or delay, such reviews or audits that
have been completed or are being undertaken by any such
Inspector General or by any other office of the Executive
Branch related to the Program.
(c) Reports.--
(1) Preliminary reports.--Not later than 60 days after the
date of the enactment of this Act, the Inspectors General of
the Office of the Director of National Intelligence, the
Department of Justice, and the National Security Agency, in
conjunction with any other Inspector General required to
conduct a review under subsection (b)(1), shall submit to the
appropriate committees of Congress an interim report that
describes the planned scope of such review.

[[Page S15774]]

(2) Final report.--Not later than 1 year after the date of
the enactment of this Act, the Inspectors General required to
conduct such a review shall submit to the appropriate
committees of Congress, to the extent practicable, a
comprehensive report on such reviews that includes any
recommendations of any such Inspectors General within the
oversight authority and responsibility of any such Inspector
General with respect to the reviews.
(3) Form.--A report submitted under this subsection shall
be submitted in unclassified form, but may include a
classified annex. The unclassified report shall not disclose
the name or identity of any individual or entity of the
private sector that participated in the Program or with whom
there was communication about the Program.
(d) Resources.--
(1) Expedited security clearance.--The Director of National
Intelligence shall ensure that the process for the
investigation and adjudication of an application by an
Inspector General or any appropriate staff of an Inspector
General for a security clearance necessary for the conduct of
the review under subsection (b)(1) is carried out as
expeditiously as possible.
(2) Additional legal and other personnel for the inspectors
general.--An Inspector General required to conduct a review
under subsection (b)(1) and submit a report under subsection
(c) is authorized to hire such additional legal or other
personnel as may be necessary to carry out such review and
prepare such report in a prompt and timely manner. Personnel
authorized to be hired under this paragraph--
(A) shall perform such duties relating to such a review as
the relevant Inspector General shall direct; and
(B) are in addition to any other personnel authorized by
law.
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