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 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 such orders granted under each of those sections; the number of orders modified under each of those sections; the number of applications or certifications 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 findings issued under section 103(i) that such appointment is not appropriate and the text of any such findings.
The Director shall make the report required under paragraph
(1)publicly available on an Internet Web site, except that the Director shall not make publicly available on an Internet Web site the findings described in subparagraph
(F)of paragraph (1). Except as provided in subsection (d), 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 search terms concerning a known United States person used to retrieve the unminimized contents of electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of search terms used to prevent the return of information concerning a United States person; and the number of queries concerning a known United States person of unminimized noncontents information relating to electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of queries containing information used to prevent the return of information concerning a United States person; the total number of orders issued pursuant to title IV and a good faith estimate of— the number of targets of such orders; and the number of unique identifiers used to communicate information collected pursuant to such orders; 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; and the number of unique identifiers used to communicate information collected pursuant to such orders; 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 unique identifiers used to communicate information collected pursuant to such orders; 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. The annual reports required by subsections
(a)and
(b)shall be made publicly available during April of each year and include information relating to the previous calendar year. If a good faith estimate required to be reported under subparagraph
(B)of any of paragraphs (3), (4), or
(5)of subsection
(b)is fewer than 500, it shall be expressed as a numerical range of fewer than 500 and shall not be expressed as an individual number. Paragraphs (2)(A), (2)(B), and (5)(C) of subsection
(b)shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation. Paragraph (3)(B) of subsection
(b)shall not apply to orders resulting in the acquisition of information by the Federal Bureau of Investigation that does not include electronic mail addresses or telephone numbers. If the Director of National Intelligence concludes that a good faith estimate required to be reported under subsection (b)(2)(B) cannot be determined accurately because some but not all of the relevant elements of the intelligence community are able to provide such good faith estimate, the Director shall— certify that conclusion in writing to the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives; report the good faith estimate for those relevant elements able to provide such good faith estimate; explain when it is reasonably anticipated that such an estimate will be able to be determined fully and accurately; and make such certification publicly available on an Internet Web site. 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. 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 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 United States ; 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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