[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1452 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1452

To enhance transparency for certain surveillance programs authorized by 
    the Foreign Intelligence Surveillance Act of 1978 and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2013

   Mr. Franken (for himself, Mr. Leahy, Mr. Udall of New Mexico, Mr. 
Blumenthal, Mr. Merkley, Mr. Udall of Colorado, Mr. Wyden, Mr. Tester, 
Mr. Markey, Mr. Durbin, and Ms. Warren) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To enhance transparency for certain surveillance programs authorized by 
    the Foreign Intelligence Surveillance Act of 1978 and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surveillance Transparency Act of 
2013''.

SEC. 2. ENHANCED PUBLIC REPORTING FOR ORDERS UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Enhanced Reporting for Electronic Surveillance Orders.--Section 
107 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1807) is amended--
            (1) by redesignating subsections (a) and (b) as paragraphs 
        (1) and (2), respectively;
            (2) in paragraph (1), as redesignated by paragraph (1) of 
        this subsection, by striking ``and'' at the end;
            (3) in paragraph (2), as redesignated by paragraph (1) of 
        this subsection, by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(3) the total number of individuals who were subject to 
        electronic surveillance conducted under an order entered under 
        this title, provided that if this number is fewer than 500, it 
        shall exclusively be expressed as a numerical range of `fewer 
        than 500' and shall not be expressed as an individual number; 
        and
            ``(4) the total number of citizens of the United States and 
        aliens lawfully admitted for permanent residence (as defined in 
        section 101(a)(20) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(20)) who were subject to electronic surveillance 
        conducted under an order entered under this title, provided 
        that if this number is fewer than 500, it shall exclusively be 
        expressed as a numerical range of `fewer than 500' and shall 
        not be expressed as an individual number.''.
    (b) Enhanced Reporting for Pen Registers and Trap and Trace 
Devices.--Section 406 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1846) is amended by adding at the end the following:
    ``(c)(1) Except as provided in paragraph (2), in April of each 
year, the Attorney General shall submit to Congress a report setting 
forth with respect to the preceding year--
            ``(A) the total number of applications made for orders 
        approving the use of a pen register and trap and trace devices 
        under this title;
            ``(B) the total number of such orders either granted, 
        modified, or denied;
            ``(C) a good faith estimate of the total number of 
        individual persons whose electronic or wire communications 
        information was obtained through the use of pen register or 
        trap and trace devices authorized under an order entered under 
        this title;
            ``(D) good faith estimates of the total numbers of United 
        States persons--
                    ``(i) whose electronic or wire communications 
                information was obtained through the use of pen 
                register or trap and trace devices authorized under an 
                order entered under this title;
                    ``(ii) whose electronic communications information 
                was obtained through the use of pen register or trap 
                and trace devices authorized under an order entered 
                under this title, and the number of such persons whose 
                information was subsequently reviewed or accessed by a 
                Federal officer, employee, or agent; and
                    ``(iii) whose wire communications information was 
                obtained through the use of pen register or trap and 
                trace devices authorized under an order entered under 
                this title, and the number of such persons whose 
                information was subsequently reviewed or accessed by a 
                Federal officer, employee, or agent; and
            ``(E) the total number of computer-assisted search queries 
        initiated by a Federal officer, employee, or agent in any 
        database of electronic or wire communications information 
        obtained through the use of a pen register or trap and trace 
        device authorized under an order entered under this title, and 
        the number of such queries whose search terms included 
        information from the electronic or wire communications 
        information of a United States person.
    ``(2) If an estimate specified in subparagraphs (C) or (D) of 
paragraph (1) is fewer than 500, it shall exclusively be expressed as a 
numerical range of `fewer than 500' and shall not be expressed as an 
individual number.
    ``(3) Each report under this section shall be submitted in 
unclassified form and shall be made available to the public 7 days 
after the date such report is submitted to Congress.
    ``(4) Nothing in this subsection shall be construed to authorize or 
in any other way affect the lawfulness or unlawfulness of installing or 
using a pen register or trap and trace device.
    ``(5) In this subsection:
            ``(A) The terms `electronic communication' and `wire 
        communication' have the meanings given those terms in section 
        2510 of title 18, United States Code.
            ``(B) The term `individual person' means any individual and 
        excludes any group, entity, association, corporation, or 
        governmental entity.
            ``(C) The term `United States person' means a citizen of 
        the United States or an alien lawfully admitted for permanent 
        residence (as defined in section 101(a)(20) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(20)).''.
    (c) Enhanced Reporting for Business Records Requests.--Section 502 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) 
is amended--
            (1) in subsection (b)(3), by adding at the end the 
        following:
            ``(F) Records concerning electronic communications.
            ``(G) Records concerning wire communications.
            ``(H) Information described in subparagraph (A), (B), (D), 
        (E), or (F) of section 2703(c)(2) of title 18, United States 
        Code.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c)(1) Except as provided in paragraph (2), in April of each 
year, the Attorney General shall submit to Congress a report setting 
forth with respect to the preceding year--
            ``(A) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 501;
            ``(B) the total number of such orders either granted, 
        modified, or denied;
            ``(C) a good faith estimate of the total number of 
        individual persons whose tangible things were produced under an 
        order entered under section 501;
            ``(D) good faith estimates of the total numbers of United 
        States persons--
                    ``(i) whose tangible things were produced under an 
                order entered under section 501;
                    ``(ii) who were a party to an electronic 
                communication of which a record was produced under an 
                order entered under section 501, and the number of such 
                persons whose records were subsequently reviewed or 
                accessed by a Federal officer, employee, or agent;
                    ``(iii) who were a party to a wire communication of 
                which a record was produced under an order entered 
                under section 501, and the number of such persons whose 
                records were subsequently reviewed or accessed by a 
                Federal officer, employee, or agent; and
                    ``(iv) who were subscribers or customers of an 
                electronic communication service or remote computing 
                service and whose records, as described in subparagraph 
                (A), (B), (D), (E), or (F) of section 2703(c)(2) of 
                title 18, United States Code, were produced under an 
                order entered under section 501, and the number of such 
                persons whose records were subsequently reviewed by a 
                Federal officer, employee, or agent;
            ``(E) the total number of computer-assisted search queries 
        initiated by a Federal officer, employee or agent in any 
        database of tangible things produced under an order entered 
        under section 501, and the number of such queries whose search 
        terms included information from the electronic or wire 
        communications contents or records of a United States person; 
        and
            ``(F) a certification confirming that in the course of the 
        preceding year no orders entered under section 501 were used to 
        obtain the contents of an electronic or wire communication.
    ``(2) If an estimate described in subparagraph (C) or (D) of 
paragraph (1) is fewer than 500, it shall exclusively be expressed as a 
numerical range of `fewer than 500' and shall not be expressed as an 
individual number.
    ``(3) Each report under this subsection shall be submitted in 
unclassified form and shall be made available to the public 7 days 
after the date such report is submitted to Congress.
    ``(4) Nothing in this subsection shall be construed to authorize or 
in any other way affect the lawfulness or unlawfulness of using an 
order for the production of tangible things under section 501 to obtain 
any of the items described in subparagraphs (A) through (H) of 
subsection (b)(3).
    ``(5) In this subsection:
            ``(A) The terms `contents', `electronic communication', 
        `electronic communication service', and `wire communication' 
        shall have the meanings given those terms in section 2510 of 
        title 18, United States Code.
            ``(B) The term `individual person' means any individual and 
        excludes any group, entity, association, corporation, or 
        governmental entity.
            ``(C) The term `remote computing service' has the meaning 
        given that term in section 2711 of title 18, United States 
        Code.
            ``(D) The term `United States person' means a citizen of 
        the United States or an alien lawfully admitted for permanent 
        residence (as defined in section 101(a)(20) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(20)).''.
    (d) Enhanced Reporting for Additional Procedures Regarding Certain 
Persons Outside the United States.--Section 707 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881f) is amended by 
adding at the end the following:
    ``(c) Annual Report.--
            ``(1) Requirement for report.--In April of each year, the 
        Attorney General shall submit to Congress a report setting 
        forth with respect to the preceding year--
                    ``(A) the total number of--
                            ``(i) directives issued under section 702;
                            ``(ii) orders granted under section 703; 
                        and
                            ``(iii) orders granted under section 704;
                    ``(B) good faith estimates of the total numbers of 
                individual persons whose electronic or wire 
                communications or communications records were collected 
                pursuant to--
                            ``(i) a directive issued under section 702;
                            ``(ii) an order granted under section 703; 
                        and
                            ``(iii) an order granted under section 704; 
                        and
                    ``(C) good faith estimates of the total numbers of 
                United States persons--
                            ``(i) whose electronic or wire 
                        communications contents or records were 
                        collected pursuant to--
                                    ``(I) a directive issued under 
                                section 702;
                                    ``(II) an order granted under 
                                section 703; and
                                    ``(III) an order granted under 
                                section 704;
                            ``(ii) who were a party to an electronic 
                        communication whose contents were collected 
                        pursuant to a directive issued under section 
                        702, and the number of such persons whose 
                        communication contents were subsequently 
                        reviewed or accessed by a Federal officer, 
                        employee, or agent;
                            ``(iii) who were a party to an electronic 
                        communication whose records (other than 
                        content) were collected pursuant to a directive 
                        issued under section 702, and the number of 
                        such persons whose communication records were 
                        subsequently reviewed or accessed by a Federal 
                        officer, employee, or agent;
                            ``(iv) who were a party to a wire 
                        communication whose contents were collected 
                        pursuant to a directive issued under section 
                        702, and the number of such persons whose 
                        communication contents were subsequently 
                        reviewed or accessed by a Federal officer, 
                        employee, or agent;
                            ``(v) who were a party to an electronic 
                        communication whose records (other than 
                        content) were collected pursuant to a directive 
                        issued under section 702, and the number of 
                        such persons whose communication records were 
                        subsequently reviewed or accessed by a Federal 
                        officer, employee, or agent; and
                            ``(vi) who were subscribers or customers of 
                        an electronic communication service or remote 
                        computing service whose records, as described 
                        in subparagraphs (A), (B), (D), (E), and (F) of 
                        section 2703(c)(2) of title 18, United States 
                        Code, were produced pursuant to a directive 
                        issued under section 702, and the number of 
                        such persons whose records were subsequently 
                        reviewed or accessed by a Federal officer, 
                        employee, or agent.
            ``(2) Statement of numerical range.--If an estimate 
        specified in subparagraphs (B) or (C) of paragraph (1) is fewer 
        than 500, it shall exclusively be expressed as a numerical 
        range of `fewer than 500' and shall not be expressed as an 
        individual number.
            ``(3) Public availability.--Each report under this 
        subsection shall be submitted in unclassified form and shall be 
        made available to the public 7 days after the date such report 
        is submitted to Congress.
            ``(4) Definitions.--In this subsection:
                    ``(A) In general.--The terms `contents', 
                `electronic communication', `electronic communication 
                service', and `wire communication' have the same 
                meanings given those terms in section 2510 of title 18, 
                United States Code.
                    ``(B) Individual person.--The term `individual 
                person' means any individual and excludes any group, 
                entity, association, corporation, or governmental 
                entity.
                    ``(C) Remote computing service.--The term `remote 
                computing service' shall have the same meaning given 
                that term in section 2711 of title 18, United States 
                Code.
                    ``(D) United states person.--The term `United 
                States person' means a citizen of the United States or 
                an alien lawfully admitted for permanent residence (as 
                defined in section 101(a)(20) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(20)).
            ``(5) Construction.--Nothing in this section shall be 
        construed to authorize or in any other way affect the 
        lawfulness or unlawfulness of using an order or directive under 
        section 702, 703, or 704 to collect any of the information 
        described in subparagraph (B) or (C) of paragraph (1).''.

SEC. 3. PUBLIC DISCLOSURES OF AGGREGATE INFORMATION RELATED TO ORDERS 
              UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Disclosures.--The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by adding at the end the following:

        ``TITLE IX--PUBLIC DISCLOSURES OF AGGREGATE INFORMATION

``SEC. 901. PUBLIC DISCLOSURES OF AGGREGATE INFORMATION.

    ``(a) In General.--Except as provided under subsection (c), a 
person that has received an order under section 105, 402, or 501, or an 
order or a directive under section 702, 703, or 704 may, every six 
months with respect to the preceding six-month period, disclose to the 
public information with respect to each statutory authority as follows:
            ``(1) The total number of orders or directives received 
        under the authority.
            ``(2) The percentage or total number of such orders or 
        directives complied with, in whole or in part.
            ``(3) The total number of individual persons, users, or 
        accounts whose information of any kind was produced to the 
        Government, or was obtained or collected by the Government, 
        under an order or directive received under the authority.
    ``(b) Nature of Production.--Except as provided under subsection 
(c), a person that has received an order under section 402 or 501, or 
an order or a directive under section 702 may, every six months with 
respect to the preceding six-month period, disclose to the public the 
total number of individual persons, users, or accounts for whom the 
following information was produced to the Government, or was obtained 
or collected by the Government, with respect to each such authority, if 
applicable:
            ``(1) The contents of electronic communications.
            ``(2) The contents of wire communications.
            ``(3) Records concerning electronic communications.
            ``(4) Records concerning wire communications.
            ``(5) Information described in subparagraph (A), (B), (D), 
        (E), or (F) of section 2703(c)(2) of title 18.
    ``(c) Statement of Numerical Range.--If the total number of 
individual persons, users, or accounts specified in paragraph (3) of 
subsection (a) or in paragraphs (1), (2), (3), (4), or (5) of 
subsection (b) is fewer than 500, it shall exclusively be expressed as 
a numerical range of `fewer than 500' and shall not be expressed as an 
individual number.
    ``(d) Permitted Disclosure.--No cause of action shall lie in any 
court against any person for making a disclosure in accordance with 
this section.
    ``(e) Construction.--Nothing in this section shall be construed--
            ``(1) to authorize or in any other way affect the 
        lawfulness or unlawfulness of using an order or directive 
        described in subsection (a) to obtain, collect, or secure the 
        production of information described in paragraphs (1), (2), 
        (3), (4), or (5) of subsection (b); or
            ``(2) to prohibit, implicitly preclude, or in any other way 
        affect the lawfulness or unlawfulness of a disclosure not 
        authorized by this section.
    ``(f) Definitions.--In this section:
            ``(1) In general.--The terms `contents', `electronic 
        communication', and `wire communication' have the meanings 
        given those terms in section 2510 of title 18, United States 
        Code.
            ``(2) Individual person.--The term `individual person' 
        means any individual and excludes any group, entity, 
        association, corporation, or governmental entity.
            ``(3) Person.--The term `person' has the meaning given that 
        term in section 101.''.
    (b) Conforming Amendments.--The Foreign Intelligence Surveillance 
Act of 1978 is amended--
            (1) in section 402(d)(2)(B)(ii)(I) (50 U.S.C. 
        1842(d)(2)(B)(ii)(I)), by inserting ``except as permitted by 
        section 901,'' before ``shall not disclose''; and
            (2) in section 501(d) (50 U.S.C. 1861(d))--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting a semicolon and 
                        ``or''; and
                            (iii) by adding at the end the following:
            ``(D) the public as permitted by section 901.'';
                and
                    (B) in paragraph (2)(A) by inserting ``subparagraph 
                (A), (B), or (C) of'' after ``pursuant to''.
    (c) Table of Contents Amendment.--The table of contents in the 
first section of th Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended by adding at the end the following:

        ``TITLE IX--PUBLIC DISCLOSURES OF AGGREGATE INFORMATION

``Sec. 901. Public disclosures of aggregate information.''.
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