,,ii #aacth ,,congress #ast ,session ,s4 #afba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjac,mr4 ,franken 7for himself and ,mr4 ,heller7 introduced the following bill2 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 #aigh and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,surveillance ,transparency ,act of #bjac4 #b4 ,enhanced public reporting for orders under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,enhanced reporting for electronic surveillance orders ,section #ajg of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjg7 is amended to read as follows3 #ajg4 ,report of electronic surveillance 7a7 ,in general ,in ,april of each year1 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-- 7#a7 the total number of applications made for orders and extensions of orders approving electronic surveillance under this title2 7#b7 the total number of such orders and extensions either granted1 modified1 or denied2 7#c7 the total number of individuals who were subject to electronic surveillance conducted under an order entered under this title1 provided that if this number is fewer than #ejj1 it shall exclusively be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number2 and 7#d7 the total number of citizens of the ,united ,states and aliens lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj777 who were subject to electronic surveillance conducted under an order entered under this title1 provided that if this number is fewer than #ejj1 it shall exclusively be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number4 7b7 ,form of report ,each report required by this section shall be submitted in unclassified form and shall be made available to the public #g days after the date such report is submitted to ,congress4 4 7b7 ,enhanced reporting for pen registers and trap and trace devices ,section #djf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdf7 is amended by adding at the end the following3 7c7 ,annual report on use of pen register and trap and trace devices 7#a7 ,requirement for report ,except as provided in paragraph 7#b71 in ,april of each year1 the ,attorney ,general shall submit to ,congress a report setting forth with respect to the preceding year-- 7,a7 the total number of applications made for orders approving the use of a pen register and trap and trace devices under this title2 7,b7 the total number of such orders either granted1 modified1 or denied2 7,c7 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 title2 7,d7 good faith estimates of the total numbers of ,united ,states persons-- 7i7 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 title2 7ii7 whose electronic communications information was obtained through the use of pen register or trap and trace devices authorized under an order entered under this title1 and the number of such persons whose information was subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 and 7iii7 whose wire communications information was obtained through the use of pen register or trap and trace devices authorized under an order entered under this title1 and the number of such persons whose information was subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 and 7,e7 the total number of computer-assisted search queries initiated by a ,federal officer1 employee1 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 title1 and the number of such queries whose search terms included information from the electronic or wire communications information of a ,united ,states person4 7#b7 ,statement of numerical range ,if an estimate specified in subparagraphs 7,c7 or 7,d7 of paragraph 7#a7 is fewer than #ejj1 it shall exclusively be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number4 7#c7 ,form of report ,each report under this section shall be submitted in unclassified form and shall be made available to the public #g days after the date such report is submitted to ,congress4 7#d7 ,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 device4 7#e7 ,definitions ,in this subsection3 7,a7 ,electronic communication and wire communication ,the terms electronic communication and wire communication have the meanings given those terms in section #beaj of title #ah1 ,united ,states ,code4 7,b7 ,individual person ,the term individual person means any individual and excludes any group1 entity1 association1 corporation1 or governmental entity4 7,c7 ,united ,states person ,the term ,united ,states person means a citizen of the ,united ,states or an alien lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj7774 4 7c7 ,enhanced reporting for business records requests ,section #ejb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfb7 is amended-- 7#a7 in subsection 7b77#c71 by adding at the end the following3 7,f7 ,records concerning electronic communications4 7,g7 ,records concerning wire communications4 7,h7 ,information described in subparagraph 7,a71 7,b71 7,d71 7,e71 or 7,f7 of section #bgjc7;c77#b7 of title #ah1 ,united ,states ,code4 2 and 7#b7 by amending subsection 7c7 to read as follows3 7c7 ,annual report on section #eja orders 7#a7 ,requirement for report ,except as provided in paragraph 7#b71 in ,april of each year1 the ,attorney ,general shall submit to ,congress a report setting forth with respect to the preceding year-- 7,a7 the total number of applications made for orders approving requests for the production of tangible things under section #eja2 7,b7 the total number of such orders either granted1 modified1 or denied2 7,c7 a good faith estimate of the total number of individual persons whose tangible things were produced under an order entered under section #eja2 7,d7 good faith estimates of the total numbers of ,united ,states persons-- 7i7 whose tangible things were produced under an order entered under section #eja2 7ii7 who were a party to an electronic communication of which a record was produced under an order entered under section #eja1 and the number of such persons whose records were subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 7iii7 who were a party to a wire communication of which a record was produced under an order entered under section #eja1 and the number of such persons whose records were subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 and 7iv7 who were subscribers or customers of an electronic communication service or remote computing service and whose records1 as described in subparagraph 7,a71 7,b71 7,d71 7,e71 or 7,f7 of section #bgjc7;c77#b7 of title #ah1 ,united ,states ,code1 were produced under an order entered under section #eja1 and the number of such persons whose records were subsequently reviewed by a ,federal officer1 employee1 or agent2 7,e7 the total number of computer-assisted search queries initiated by a ,federal officer1 employee or agent in any database of tangible things produced under an order entered under section #eja1 and the number of such queries whose search terms included information from the electronic or wire communications contents or records of a ,united ,states person2 and 7,f7 a certification confirming that in the course of the preceding year no orders entered under section #eja were used to obtain the contents of an electronic or wire communication4 7#b7 ,statement of numerical range ,if an estimate described in subparagraph 7,c7 or 7,d7 of paragraph 7#a7 is fewer than #ejj1 it shall exclusively be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number4 7#c7 ,form of report ,each report under this subsection shall be submitted in unclassified form and shall be made available to the public #g days after the date such report is submitted to ,congress4 7#d7 ,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 #eja to obtain any of the items described in subparagraphs 7,a7 through 7,h7 of subsection 7b77#c74 7#e7 ,definitions ,in this subsection3 7,a7 ,in general ,the terms contents1 electronic communication1 electronic communication service1 and wire communication shall have the meanings given those terms in section #beaj of title #ah1 ,united ,states ,code4 7,b7 ,individual person ,the term individual person means any individual and excludes any group1 entity1 association1 corporation1 or governmental entity4 7,c7 ,remote computing service ,the term remote computing service has the meaning given that term in section #bgaa of title #ah1 ,united ,states ,code4 7,d7 ,united ,states person ,the term ,united ,states person means a citizen of the ,united ,states or an alien lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj7774 4 7d7 ,enhanced reporting for additional procedures regarding certain persons outside the ,united ,states ,section #gjg of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;f7 is amended by adding at the end the following3 7c7 ,annual report 7#a7 ,requirement for report ,in ,april of each year1 the ,attorney ,general shall submit to ,congress a report setting forth with respect to the preceding year-- 7,a7 the total number of-- 7i7 directives issued under section #gjb2 7ii7 orders granted under section #gjc2 and 7iii7 orders granted under section #gjd2 7,b7 good faith estimates of the total numbers of individual persons whose electronic or wire communications or communications records were collected pursuant to-- 7i7 a directive issued under section #gjb2 7ii7 an order granted under section #gjc2 and 7iii7 an order granted under section #gjd2 and 7,c7 good faith estimates of the total numbers of ,united ,states persons-- 7i7 whose electronic or wire communications contents or records were collected pursuant to-- 7,i7 a directive issued under section #gjb2 7,,ii7 an order granted under section #gjc2 and 7,,iii7 an order granted under section #gjd2 7ii7 who were a party to an electronic communication whose contents were collected pursuant to a directive issued under section #gjb1 and the number of such persons whose communication contents were subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 7iii7 who were a party to an electronic communication whose records 7other than content7 were collected pursuant to a directive issued under section #gjb1 and the number of such persons whose communication records were subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 7iv7 who were a party to a wire communication whose contents were collected pursuant to a directive issued under section #gjb1 and the number of such persons whose communication contents were subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 7v7 who were a party to a electronic communication whose records 7other than content7 were collected pursuant to a directive issued under section #gjb1 and the number of such persons whose communication records were subsequently reviewed or accessed by a ,federal officer1 employee1 or agent2 and 7vi7 who were subscribers or customers of an electronic communication service or remote computing service whose records1 as described in subparagraphs 7,a71 7,b71 7,d71 7,e71 and 7,f7 of section #bgjc7;c77#b7 of title #ah1 ,united ,states ,code1 were produced pursuant to a directive issued under section #gjb1 and the number of such persons whose records were subsequently reviewed or accessed by a ,federal officer1 employee1 or agent4 7#b7 ,statement of numerical range ,if an estimate specified in subparagraphs 7,b7 or 7,c7 of paragraph 7#a7 is fewer than #ejj1 it shall exclusively be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number4 7#c7 ,public availability ,each report under this subsection shall be submitted in unclassified form and shall be made available to the public #g days after the date such report is submitted to ,congress4 7#d7 ,definitions ,in this subsection3 7,a7 ,in general ,the terms contents1 electronic communication1 electronic communication service1 and wire communication have the same meanings given those terms in section #beaj of title #ah1 ,united ,states ,code4 7,b7 ,individual person ,the term individual person means any individual and excludes any group1 entity1 association1 corporation1 or governmental entity4 7,c7 ,remote computing service ,the term remote computing service shall have the same meaning given that term in section #bgaa of title #ah1 ,united ,states ,code4 7,d7 ,united ,states person ,the term ,united ,states person means a citizen of the ,united ,states or an alien lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj7774 7#e7 ,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 #gjb1 #gjc1 or #gjd to collect any of the information described in subparagraph 7,b7 or 7,c7 of paragraph 7#a74 4 7e7 ,rules of construction ,nothing in this section or the amendments made by this section shall be construed-- 7#a7 to authorize the collection of any additional information1 other than public demographic data1 for the purpose of complying with the reporting requirements of this section2 or 7#b7 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 #bjac4 #c4 ,public disclosures of aggregate information related to orders under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,disclosures ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by adding at the end the following3 ,,ix ,public disclosures of aggregate information #ija4 ,public disclosures of aggregate information 7a7 ,in general ,except as provided under subsection 7c71 a person that has received an order under section #aje1 #djb1 or #eja1 or an order or a directive under section #gjb1 #gjc1 or #gjd may1 every six months with respect to the preceding six month period1 disclose to the public information with respect to each statutory authority as follows3 7#a7 ,the total number of orders or directives received under the authority4 7#b7 ,the percentage or total number of such orders or directives complied with1 in whole or in part4 7#c7 ,the total number of individual persons1 users1 or accounts whose information of any kind was produced to the ,government1 or was obtained or collected by the ,government1 under an order or directive received under the authority4 7b7 ,nature of production ,except as provided under subsection 7c71 a person that has received an order under section #djb or #eja1 or an order or a directive under section #gjb may1 every six months with respect to the preceding six month period1 disclose to the public the total number of individual persons1 users1 or accounts for whom the following information was produced to the ,government1 or was obtained or collected by the ,government1 with respect to each such authority1 if applicable3 7#a7 ,the contents of electronic communications4 7#b7 ,the contents of wire communications4 7#c7 ,records concerning electronic communications4 7#d7 ,records concerning wire communications4 7#e7 ,information described in subparagraph 7,a71 7,b71 7,d71 7,e71 or 7,f7 of section #bgjc7;c77#b7 of title #ah4 7c7 ,statement of numerical range ,if the total number of individual persons1 users1 or accounts specified in paragraph 7#c7 of subsection 7a7 or in paragraphs 7#a71 7#b71 7#c71 7#d71 or 7#e7 of subsection 7b7 is fewer than #ejj1 it shall exclusively be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number4 7d7 ,permitted disclosure ,no cause of action shall lie in any court against any person for making a disclosure in accordance with this section4 7e7 ,construction ,nothing in this section shall be construed-- 7#a7 to authorize or in any other way affect the lawfulness or unlawfulness of using an order or directive described in subsection 7a7 to obtain1 collect1 or secure the production of information described in paragraphs 7#a71 7#b71 7#c71 7#d71 or 7#e7 of subsection 7b72 or 7#b7 to prohibit1 implicitly preclude1 or in any other way affect the lawfulness or unlawfulness of a disclosure not authorized by this section4 7f7 ,definitions ,in this section3 7#a7 ,in general ,the terms contents1 electronic communication1 and wire communication have the meanings given those terms in section #beaj of title #ah1 ,united ,states ,code4 7#b7 ,individual person ,the term individual person means any individual and excludes any group1 entity1 association1 corporation1 or governmental entity4 7#c7 ,person ,the term person has the meaning given that term in section #aja4 4 7b7 ,conforming amendments ,the ,foreign ,intelligence ,surveillance ,act of #aigh is amended-- 7#a7 in section #djb7;d77#b77;,b77ii77,i7 7#ej ,u4,s4,c4 #ahdb7;d77#b77;,b77ii77,i771 by inserting except as permitted by section #ija1 before shall not disclose2 and 7#b7 in section #eja7;d7 7#ej ,u4,s4,c4 #ahfa7;d77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon and or2 and 7iii7 by adding at the end the following3 7,d7 the public as permitted by section #ija4 2 and 7,b7 in paragraph 7#b77;,a7 by inserting subparagraph 7,a71 7,b71 or 7,c7 of after pursuant to4 7c7 ,table of contents amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by adding at the end the following3 ,,title ,,ix--,public disclosures of aggregate information,sec4 #ija4 ,public disclosures of aggregate information4 4