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House Committee on the JudiciaryCrime, Terrorism, Homeland Security, and InvestigationsHouse Permanent Select Committee on IntelligenceIntroducedSeptember 9th, 2013
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NSA Accountability Act
To amend section 501 of the Foreign Intelligence Surveillance Act of 1978 to reform access to certain business records for foreign intelligence and international terrorism investigations, and for other purposes.
NSA Accountability Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) (as amended by the USA PATRIOT Act) to require the Federal Bureau of Investigation (FBI) (in some cases, on behalf of the National Security Agency [NSA]), in applications for court orders requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, to include a statement of specific and articulable facts showing reasonable grounds to believe that such things are relevant and material to an authorized investigation. (Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation.) Requires that the items sought pertain only to an individual that is the subject of such investigation. Removes a list of production items currently designated as presumptively relevant. (Currently, tangible things are considered to be presumptively relevant if the government shows that they pertain to a foreign power or an agent of a foreign power, the activities of a suspected agent of a foreign power who is the subject of such authorized investigation, or an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation.) Requires, in the case of a violation of the requirements addressing production orders for tangible things, that all unobligated funds made available to carry out such activities in the fiscal year be withheld for the period beginning on the date of such violation until September 30 of such fiscal year.