[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1621 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1621

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

                            October 30, 2013

Mr. Franken (for himself and Mr. Heller) 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 to read as follows:

``SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE.

    ``(a) In General.--In April of each year, the Attorney General 
shall transmit to the Administrative Office of the United States Court 
and to Congress a report setting forth with respect to the preceding 
calendar year--
            ``(1) the total number of applications made for orders and 
        extensions of orders approving electronic surveillance under 
        this title;
            ``(2) the total number of such orders and extensions either 
        granted, modified, or denied;
            ``(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) Form of Report.--Each report required by 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.''.
    (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) Annual Report on Use of Pen Register and Trap and Trace 
Devices.--
            ``(1) Requirement for report.--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) Statement of numerical range.--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) Form of report.--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) Construction.--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) Definitions.--In this subsection:
                    ``(A) Electronic communication and wire 
                communication.--The terms `electronic communication' 
                and `wire communication' have the 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) 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))).''.
    (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) Annual Report on Section 501 Orders.--
            ``(1) Requirement for report.--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) Statement of numerical range.--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) Form of report.--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) Construction.--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) Definitions.--In this subsection:
                    ``(A) In general.--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) 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' has the 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))).''.
    (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 a 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 subsection 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).''.
    (e) Rules of Construction.--Nothing in this section or the 
amendments made by this section shall be construed--
            (1) to authorize the collection of any additional 
        information, other than public demographic data, for the 
        purpose of complying with the reporting requirements of this 
        section; or
            (2) to authorize an amount of additional appropriations to 
        carry out this section that is more than the amount authorized 
        for that purpose for fiscal year 2013.

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 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.''.
                                 <all>