Sec. 602. Annual reports by the Government
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Title VI ( 50 U.S.C. 1871 et seq. ), as amended by section 402 of this Act, is further amended by adding at the end the following new section: The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, subject to a declassification review by the Attorney General and the Director of National Intelligence, a report, made publicly available on an Internet Web site, that includes— the number of applications or certifications for orders submitted under each of sections 105, 304, 402, 501, 702, 703, and 704; the number of orders entered under each of those sections; the number of orders modified under each of those sections; the number of orders denied under each of those sections; the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae; and the number of written findings issued under section 103(i) that such appointment is not appropriate and the text of any such written findings.
Except as provided in subsection (e), the Director of National Intelligence shall annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period— the total number of orders issued pursuant to titles I and III and sections 703 and 704 and a good faith estimate of the number of targets of such orders; the total number of orders issued pursuant to section 702 and a good faith estimate of— the number of targets of such orders; the number of individuals whose communications were collected pursuant to such orders; the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection; the number of search terms that included information concerning a United States person that were used to query any database of the contents of electronic communications or wire communications obtained through the use of an order issued pursuant to section 702; and the number of search queries initiated by an officer, employee, or agent of the United States whose search terms included information concerning a United States person in any database of noncontents information relating to electronic communications or wire communications that were obtained through the use of an order issued pursuant to section 702; the total number of orders issued pursuant to title IV and a good faith estimate of— the number of targets of such orders; the number of individuals whose communications were collected pursuant to such orders; and the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection; the total number of orders issued pursuant to applications made under section 501(b)(2)(B) and a good faith estimate of— the number of targets of such orders; the number of individuals whose communications were collected pursuant to such orders; and the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection; the total number of orders issued pursuant to applications made under section 501(b)(2)(C) and a good faith estimate of— the number of targets of such orders; the number of individuals whose communications were collected pursuant to such orders; the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection; and the number of search terms that included information concerning a United States person that were used to query any database of call detail records obtained through the use of such orders; and the total number of national security letters issued and the number of requests for information contained within such national security letters.
A phone number registered in the United States may provide the basis for a reasonable belief that the individual using the phone number is located in the United States at the time of collection. The Director of National Intelligence may annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period— a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to titles I and III and sections 703 and 704 reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States; a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to section 702 reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States; a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to title IV reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States; a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to applications made under section 501(b)(2)(B) reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States; and a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to applications made under section 501(b)(2)(C) reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States.
The annual reports required by subsections
(a)and
(b)and permitted by subsection
(c)shall be made publicly available during April of each year and include information relating to the previous year. If it is not practicable to report the good faith estimates required by subsection
(b)and permitted by subsection
(c)in terms of individuals, the good faith estimates may be counted in terms of unique identifiers, including names, account names or numbers, addresses, or telephone or instrument numbers. If a good faith estimate required to be reported under clauses
(ii)or
(iii)of each of subparagraphs (B), (C), (D), and
(E)of paragraph
(1)of subsection
(b)or permitted to be reported in subsection (c), 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. Subparagraphs (B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph
(1)of subsection
(b)shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation. If the Director of National Intelligence concludes that a good faith estimate required to be reported under subparagraph (B)(iii) or (C)(iii) of paragraph
(1)of subsection
(b)cannot be determined accurately, including through the use of statistical sampling, the Director shall— certify that conclusion in writing to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and make such certification publicly available on an Internet Web site. The certification described in subparagraph
(A)shall state with specificity any operational, national security, or other reasons why the Director of National Intelligence has reached the conclusion described in subparagraph (A). A certification described in subparagraph
(A)relating to a good faith estimate required to be reported under subsection (b)(1)(B)(iii) may include the information annually reported pursuant to section 702(l)(3)(A). If the Director of National Intelligence determines that a good faith estimate required to be reported under subsection (b)(1)(C)(iii) cannot be determined accurately as that estimate pertains to electronic communications, but can be determined accurately for wire communications, the Director shall make the certification described in subparagraph
(A)with respect to electronic communications and shall also report the good faith estimate with respect to wire communications. A certification described in subparagraph
(A)shall be prepared in unclassified form, but may contain a classified annex. If the Director of National Intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately, the Director shall annually submit a certification in accordance with this paragraph. Nothing in this section affects the lawfulness or unlawfulness of any government surveillance activities described herein. In this section: The term contents has the meaning given that term under section 2510 of title 18, United States Code. The term electronic communication has the meaning given that term under section 2510 of title 18, United States Code. The term individual whose communications were collected means any individual— who was a party to an electronic communication or a wire communication the contents or noncontents of which was collected; or who was a subscriber or customer 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 collected. The term national security letter means a request for a report, records, or other information under— section 2709 of title 18, United States Code; section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ); subsection
(a)or
(b)of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)); or section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ). 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) of the Immigration and Nationality Act (8 U.S.C. 1101(a))). The term wire communication has the meaning given that term under section 2510 of title 18, United States Code. . The table of contents, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by section 402 of this Act, the following new item: Sec. 603. Annual reports. . Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 18 U.S.C. 3511 note) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking concerning different United States persons ; and in subparagraph (A), by striking , excluding the number of requests for subscriber information ; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: Except as provided in subparagraph (B), each report required under this subsection shall include a good faith estimate of the total number of requests described in paragraph
(1)requiring disclosure of information concerning— United States persons; and persons who are not United States persons. With respect to the number of requests for subscriber information under section 2709 of title 18, United States Code, a report required under this subsection need not separate the number of requests into each of the categories described in subparagraph (A). . Section 2702(d) of title 18, United States Code, is amended— in paragraph (1), by striking ; and and inserting a semicolon; in paragraph (2)(B), by striking the period and inserting ; and ; and by adding at the end the following new paragraph: the number of accounts from which the Department of Justice has received voluntary disclosures under subsection (c)(4). .
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Sec. 602
Annual reports by the Government
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