What it changes

1 change to S. 754 · shown in the bill's text

Adds a section
  1. Adds SEC. 408. AUDIT OF USE OF DEA ADMINISTRATIVE SUBPOENA AUTHORITY at the end of the bill

    Adds a section

    In S. 754 · Placed on Calendar Senate

    (b) Modification of Limitation on Dissemination of Certain Information Concerning Penetrations of Defense Contractor Networks.-- Section 941(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224 note) is amended by inserting at the end the following: "The Secretary may share such information with other Federal entities if such information consists of cyber threat indicators and defensive measures and such information is shared consistent with the policies and procedures promulgated by the Attorney General under section 5 of the Cybersecurity Information Sharing Act of 2015.".

    Inserted: SEC. 408. AUDIT OF USE OF DEA ADMINISTRATIVE SUBPOENA AUTHORITY.

    Inserted: (a) Audit.--The Inspector General of the Department of Justice shall perform an audit of the effectiveness and use, including any improper or illegal use, of subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876).

    Inserted: (b) Requirements.--The audit required under subsection (a) shall include--

    Inserted: (1) an examination of the use of subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876) during calendar years 2012 through 2014;

    Inserted: (2) a description of any noteworthy facts or circumstances relating to such use, including any improper or illegal use of such authority; and

    Inserted: (3) an examination of the effectiveness of subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876) as an investigative tool, including--

    Inserted: (A) the manner in which information acquired pursuant to such subpoenas is collected, retained, analyzed, and disseminated by the Department of Justice, including any direct access to such information (such as access to raw data) provided to any other department, agency, or instrumentality of the Federal Government, State, local, or tribal governments, or any private sector entity;

    Inserted: (B) whether, and how often, such information was used in civil and criminal proceedings; and

    Inserted: (C) whether, and how often, the Department of Justice used such information to produce an analytical intelligence product for distribution within the Department of Justice to the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) or to any other department, agency, or instrumentality of the Federal Government or of a State, local, or tribal government.

    Inserted: (c) Submission Dates.--

    Inserted: (1) Prior years.--The Inspector General of the Department of Justice shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the results of the audit conducted under this section for calendar years 2012 through 2014 not later than the earlier of--

    Inserted: (A) 1 year after the date of enactment of this Act; or

    Show 5 more inserted paragraphs

    Inserted: (B) the date on which the audit required under this section for calendar years 2012 through 2014 is completed.

    Inserted: (2) Calendar years 2015 through 2017.--The Inspector General of the Department of Justice shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the results of the audit conducted under this section for calendar years 2015 through 2017 not later than the earlier of--

    Inserted: (A) December 31, 2018; or

    Inserted: (B) the date on which the audit required under this section for calendar years 2015 through 2017 is completed.

    Inserted: (3) Delay of existing reviews prohibited.--The Inspector General of the Department of Justice shall not delay the completion of any review commenced before the date of enactment of this Act pertaining to subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876) pending the completion of the reports required by this section.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2723. Mr. LEAHY (for himself and Mr. Lee) submitted an amendment intended to be proposed by him to the bill S. 754, to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 408. AUDIT OF USE OF DEA ADMINISTRATIVE SUBPOENA AUTHORITY.

(a) Audit.--The Inspector General of the Department of Justice shall perform an audit of the effectiveness and use, including any improper or illegal use, of subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876).

(b) Requirements.--The audit required under subsection (a) shall include--

(1) an examination of the use of subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876) during calendar years 2012 through 2014;

(2) a description of any noteworthy facts or circumstances relating to such use, including any improper or illegal use of such authority; and

(3) an examination of the effectiveness of subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876) as an investigative tool, including--

(A) the manner in which information acquired pursuant to such subpoenas is collected, retained, analyzed, and disseminated by the Department of Justice, including any direct access to such information (such as access to raw data) provided to any other department, agency, or instrumentality of the Federal Government, State, local, or tribal governments, or any private sector entity;

(B) whether, and how often, such information was used in civil and criminal proceedings; and

(C) whether, and how often, the Department of Justice used such information to produce an analytical intelligence product for distribution within the Department of Justice to the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) or to any other department, agency, or instrumentality of the Federal Government or of a State, local, or tribal government.

(c) Submission Dates.--

(1) Prior years.--The Inspector General of the Department of Justice shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the results of the audit conducted under this section for calendar years 2012 through 2014 not later than the earlier of--

(A) 1 year after the date of enactment of this Act; or

(B) the date on which the audit required under this section for calendar years 2012 through 2014 is completed.

(2) Calendar years 2015 through 2017.--The Inspector General of the Department of Justice shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the results of the audit conducted under this section for calendar years 2015 through 2017 not later than the earlier of--

(A) December 31, 2018; or

(B) the date on which the audit required under this section for calendar years 2015 through 2017 is completed.

(3) Delay of existing reviews prohibited.--The Inspector General of the Department of Justice shall not delay the completion of any review commenced before the date of enactment of this Act pertaining to subpoenas issued pursuant to section 506 of the Controlled Substances Act (21 U.S.C. 876) pending the completion of the reports required by this section.

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Senate amendment submitted

October 21, 2015

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Senate amendment submitted

October 21, 2015

Floor

Senate amendment submitted

October 21, 2015