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S. 4082IntroducedSenate · nowHousePresidentLawIn committee
Sec. 501 · S. 4082

Inspector General oversight of orders under the Foreign Intelligence Surveillance Act of 1978

Title V — Independent oversight

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(a) Audit Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community shall each initiate an audit of the applications for court orders made under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) and directives issued under section 702(i) of such Act by the Department or the element, respectively. (b) Scope; contents In conducting an audit under subsection (a)— (1) an Inspector General shall— (A) review such sample of applications and directives described in such subsection as the Inspector General determines appropriate in order to carry out the objectives of this section; (B) assess whether— (i) adequate safeguards are in place to ensure that the assertions made in applications are scrupulously accurate; (ii) adequate safeguards are in place to ensure that each application includes all information required by the amendments made by section 10 of the Reforming Intelligence and Securing America Act (Public Law 118–49) and made by sections 302 and 303 of this Act; and (iii) in the determination of the Inspector General, there are any other areas of potential risk or violation; and (C) make recommendations to address any deficiencies identified by the Inspector General; and (2) the Inspector General of the Department of Justice shall assess the information provided by the Department of Justice under subsection (f) of section 603 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873), as added by section 803 of this Act, and include a determination on the accuracy and completeness of the information provided under that section. (c) Report (1) In general For each audit conducted by an Inspector General under subsection (a), such Inspector General shall submit to the persons specified in paragraph (2) a report of the audit, including findings and recommendations of the Inspector General and any remediations taken by the Department or element, respectively. (2) Persons specified The persons specified in this paragraph are the following: (A) The Attorney General. (B) The Director of National Intelligence. (C) The Privacy and Civil Liberties Oversight Board. (D) The appropriate committees of Congress. (E) The Foreign Intelligence Surveillance Court (as defined in section 601(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(e))). (F) Any amicus curiae appointed under section 103(i)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)). (d) Cooperation The Attorney General and head of each element of the intelligence community shall ensure full and complete cooperation with the respective Inspector General conducting an audit under subsection (a), including by providing access to all evidence and information relevant to the assessments required under subsection (b)(2), subject to such procedures as are necessary to protect the national security of the United States. (e) Availability to the public The Inspector General of each element of the intelligence community shall each make publicly available on a website of the relevant element an unclassified version of any report submitted under subsection (c) by the respective Inspector General.

Sec. 501: Inspector General oversight of orders under the Foreign Intelligence Surveillance Act of 1978 · Public Law Tracker