H.R.6304
FISA Amendments Act of 2008 (Enrolled as Agreed to or Passed
by Both House and Senate)
TITLE III--REVIEW OF PREVIOUS ACTIONS
SEC. 301. 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) FOREIGN INTELLIGENCE SURVEILLANCE COURT- The term `Foreign Intelligence
Surveillance Court' means the court established under section 103(a) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(3) President'S SURVEILLANCE PROGRAM AND PROGRAM- The terms `President's
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, including the program
referred to by the President in a radio address on December 17, 2005 (commonly
known as the Terrorist Surveillance Program).
(1) REQUIREMENT TO CONDUCT- The Inspectors General of the Department
of Justice, the Office of the Director of National Intelligence , the National
Security Agency, the Department of Defense, and any other element of the
intelligence community that participated in the President's Surveillance
Program, shall 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) access to legal reviews of the Program and access to information
about 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 complete a review of the Program,
with respect to such Department or element.
(2) COOPERATION AND COORDINATION-
(A) COOPERATION- Each Inspector General required to conduct a review
under paragraph (1) shall--
(i) work in conjunction, to the extent practicable, with any other
Inspector General required to conduct such a review; and
(ii) 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.
(B) INTEGRATION OF OTHER REVIEWS- The Counsel of the Office of Professional
Responsibility of the Department of Justice shall provide the report of
any investigation conducted by such Office on matters relating to the Program,
including any investigation of the process through which legal reviews
of the Program were conducted and the substance of such reviews, to the
Inspector General of the Department of Justice, who shall integrate the
factual findings and conclusions of such investigation into its review.
(C) COORDINATION- The Inspectors General shall designate one of the
Inspectors General required to conduct a review under paragraph (1) that
is appointed by the President, by and with the advice and consent of the
Senate, to coordinate the conduct of the reviews and the preparation of
the reports.
(1) PRELIMINARY REPORTS- Not later than 60 days after the date of the
enactment of this Act , the Inspectors General of the Department of Justice,
the Office of the Director of National Intelligence , the National Security
Agency, the Department of Defense, and 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.
(2) FINAL REPORT- Not later than 1 year after the date of the enactment
of this Act , the Inspectors General of the Department of Justice, the
Office of the Director of National Intelligence , the National Security
Agency, the Department of Defense, and any other Inspector General required
to conduct a review under subsection (b)(1), shall submit to the appropriate
committees of Congress, in a manner consistent with national security,
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 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, to the extent that information is classified.
(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 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 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.
(3) TRANSFER OF PERSONNEL- The Attorney General, the Secretary of Defense,
the Director of National Intelligence , the Director of the National Security
Agency, or the head of any other element of the intelligence community
may transfer personnel to the relevant Office of the Inspector General
required to conduct a review under subsection (b)(1) and submit a report
under subsection (c) and, in addition to any other personnel authorized
by law, are authorized to fill any vacancy caused by such a transfer. Personnel
transferred under this paragraph shall perform such duties relating to
such review as the relevant Inspector General shall direct.