To require a report on the impact of the FISA Amendments Act of 2008 on the privacy of the people of the United States.

SA 3439. 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, Mr. Lautenberg, Mr.
Coons, and Mr. Baucus) proposed an amendment to the bill H.R. 5949, to
extend the FISA Amendments Act of 2008 for five years; as follows:

At the end, add the following:

SEC. 5. REPORT ON THE IMPACT OF THE FISA AMENDMENTS ACT OF
2008 ON THE PRIVACY OF THE PEOPLE OF THE UNITED
STATES.

(a) Findings.--Congress makes the following findings:
(1) The central provision of the FISA Amendments of 2008
(Public Law 110-261; 122 Stat. 2436) enacted section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a) which provides the government authority to collect the
communications of persons reasonably believed to be citizens
of foreign countries who are located outside the United
States.
(2) Such section 702 contained restrictions regarding the
acquisition of the communications of United States persons
which were intended to protect the privacy of United States
persons and prevent intelligence agencies from using the
authority in such section to deliberately read or listen to
the communications of specific United States persons without
obtaining a warrant or emergency authorization to do so.
(3) Estimating the total number of communications to or
from the United States collected under the authority in such
section 702 would provide an indication of the degree to
which collection carried out under such section has impacted
the privacy of United States persons.
(4) Estimating the number of wholly domestic communications
collected under the authority in such section 702 would
provide a particularly significant indication of the degree
to which collection carried out under this authority has
impacted the privacy of United States persons.
(5) While Congress did not intend to provide authority in
such section 702 for elements of the intelligence community
to deliberately review the communications of specific United
States persons without obtaining individual warrants or
emergency authorizations to do so, such section 702 does not
include a specific prohibition against this action, and the
people of the United States have a right to know whether
elements of the intelligence community have deliberately
searched through communications collected under such section
702 to find the communications of specific United States
persons.
(6) Despite requests from numerous Senators, the Director
of National Intelligence has declined to state publicly
whether--
(A) any entity has made an estimate of the number of United
States communications that have been collected under such
section 702;
(B) any wholly domestic communications have been collected
under such section 702; or
(C) any element of the intelligence community has attempted
to search through communications collected under such section
702 in a deliberate effort to review the communications of a
specific United States person without obtaining a warrant or
emergency authorization permitting such a search.
(7) In public remarks in July 2012, the Director of the
National Security Agency stated that ``the story that we have
millions or hundreds of millions of dossiers on people is
absolutely false''.
(b) Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the impact
of the amendments made by the FISA Amendments Act of 2008
(Public Law 110-261; 122 Stat. 2436) and other surveillance
authorities on the privacy of United States persons.
(2) Content.--The report required by paragraph (1) shall
include the following:
(A) A determination of whether any government entity has
produced any estimate regarding--
(i) the total number of communications that--

(I) originated from or were directed to a location in the
United States; and
(II) have been collected under the authority of section 702
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a); or

(ii) the total number of wholly domestic communications
that have been collected under such authority.
(B) If any estimate described in subparagraph (A) was
produced, such estimate.
(C) An assessment of whether any wholly domestic
communications have been collected under the authority of
section 702 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a).
(D) A determination of whether any element of the
intelligence community has ever attempted to search through
communications collected under section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) in a
deliberate effort to find the communications of a specific
United States person, without obtaining a warrant or
emergency authorization to do so.
(E) A determination of whether the National Security Agency
has collected any type of personally identifiable data
pertaining to more than 1,000,000 United States persons.
(c) Form of Report.--
(1) Public availability of report.--The report required by
subsection (b) shall be made available to the public not
later than 15 days after the date such report is submitted to
Congress.
(2) Redactions.--If the President believes that public
disclosure of information in the report required by
subsection (b) could cause significant harm to national
security, the President may redact such information from the
report made available to the public.
(3) Submission to congress.--If the President redacts
information under paragraph (2), not later than 30 days after
the date the report required by subsection (b) is made
available to the public under paragraph (1), the President
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.
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