US Codex
Pub. L.
Notes

Title VI — Fisa Transparency and Reporting Requirements

114th Congress · Approved Jun 2, 2015 · 129 Stat. 268

TITLE VI Fisa Transparency and Reporting Requirements

SEC. 601. Additional Reporting on Orders Requiring Production of Business Records; Business Records Compliance Reports to Congress.

(a)
Reports Submitted to Committees.— Section 502(b) (50 U.S.C. 1862(b)) is amended—
(1)
by redesignating paragraphs (1), (2), and (3) as paragraphs (6), (7), and (8), respectively; and
(2)
by inserting before paragraph (6) (as so redesignated) the following new paragraphs:

“(1) a summary of all compliance reviews conducted by the Government for the production of tangible things under section 501;

“(2) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things;

“(3) the total number of such orders either granted, modified, or denied;

“(4) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records;

“(5) the total number of such orders either granted, modified, or denied;”

(b)
Reporting on Certain Types of Production.— Section 502(c)(1) (50 U.S.C. 1862(c)(1)) is amended—
(1)
in subparagraph (A), by striking “ and”;
(2)
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following new subparagraphs:

“(C) the total number of applications made for orders approving requests for the production of tangible things under section 501 in which the specific selection term does not specifically identify an individual, account, or personal device;

“(D) the total number of orders described in subparagraph (C) either granted, modified, or denied; and

“(E) with respect to orders described in subparagraph (D) that have been granted or modified, whether the court established under section 103 has directed additional, particularized minimization procedures beyond those adopted pursuant to section 501(g).”

SEC. 602. Annual Reports by the Government.

(a)
In General.— 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:

“SEC. 603. ANNUAL REPORTS.

“(a) Report by Director of the Administrative Office of the United States Courts.—

“(1) Report required.—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—

“(A) the number of applications or certifications for orders submitted under each of sections 105, 304, 402, 501, 702, 703, and 704;

“(B) the number of such orders granted under each of those sections;

“(C) the number of orders modified under each of those sections;

“(D) the number of applications or certifications denied under each of those sections;

“(E) 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

“(F) the number of findings issued under section 103(i) that such appointment is not appropriate and the text of any such findings.

“(2) Publication.—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).

“(b) Mandatory Reporting by Director of National Intelligence.—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—

“(1) 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;

“(2) the total number of orders issued pursuant to section 702 and a good faith estimate of—

“(A) 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

“(B) 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;

“(3) the total number of orders issued pursuant to title IV and a good faith estimate of—

“(A) the number of targets of such orders; and

“(B) the number of unique identifiers used to communicate information collected pursuant to such orders;

“(4) the total number of orders issued pursuant to applications made under section 501(b)(2)(B) and a good faith estimate of—

“(A) the number of targets of such orders; and

“(B) the number of unique identifiers used to communicate information collected pursuant to such orders;

“(5) the total number of orders issued pursuant to applications made under section 501(b)(2)(C) and a good faith estimate of—

“(A) the number of targets of such orders;

“(B) the number of unique identifiers used to communicate information collected pursuant to such orders; and

“(C) 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

“(6) the total number of national security letters issued and the number of requests for information contained within such national security letters.

“(c) Timing.—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.

“(d) Exceptions.—

“(1) Statement of numerical range.—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.

“(2) Nonapplicability to certain information.—

“(A) Federal bureau of investigation.—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.

“(B) Electronic mail address and telephone numbers.—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.

“(3) Certification.—

“(A) In general.—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—

“(i) 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;

“(ii) report the good faith estimate for those relevant elements able to provide such good faith estimate;

“(iii) explain when it is reasonably anticipated that such an estimate will be able to be determined fully and accurately; and

“(iv) make such certification publicly available on an Internet Web site.

“(B) Form.—A certification described in subparagraph (A) shall be prepared in unclassified form, but may contain a classified annex.

“(C) Timing.—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.

“(e) Definitions.—In this section:

“(1) Contents.—The term ‘contents’ has the meaning given that term under section 2510 of title 18, United States Code.

“(2) Electronic communication.—The term ‘electronic communication’ has the meaning given that term under section 2510 of title 18, United States Code.

“(3) National security letter.—The term ‘national security letter’ means a request for a report, records, or other information under—

“(A) section 2709 of title 18, United States Code;

“(B) section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));

“(C) subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or

“(D) section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)).

“(4) 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) of the Immigration and Nationality Act (8 U.S.C. 1101(a))).

“(5) Wire communication.—The term ‘wire communication’ has the meaning given that term under section 2510 of title 18, United States Code.”

(b)
Table of Contents Amendment.— 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.”.

(c)
Public Reporting on National Security Letters.— Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “ United States”; and
(B)
in subparagraph (A), by striking “ , excluding the number of requests for subscriber information”;
(2)
by redesignating paragraph (2) as paragraph (3); and
(3)
by inserting after paragraph (1) the following:

“(2) Content.—

“(A) In general.—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—

“(i) United States persons; and

“(ii) persons who are not United States persons.

“(B) Exception.—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).”

(d)
Stored Communications.— Section 2702(d) of title 18, United States Code, is amended—
(1)
in paragraph (1), by striking “ ; and” and inserting a semicolon;
(2)
in paragraph (2)(B), by striking the period and inserting “ ; and”; and
(3)
by adding at the end the following new paragraph:

“(3) the number of accounts from which the Department of Justice has received voluntary disclosures under subsection (c)(4).”

SEC. 603. Public Reporting by Persons Subject to Fisa Orders.

(a)
In General.— Title VI (50 U.S.C. 1871 et seq.), as amended by sections 402 and 602 of this Act, is further amended by adding at the end the following new section:

“SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.

“(a) Reporting.—A person subject to a nondisclosure requirement accompanying an order or directive under this Act or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following information using one of the following structures:

“(1) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—

“(A) the number of national security letters received, reported in bands of 1000 starting with 0–999;

“(B) the number of customer selectors targeted by national security letters, reported in bands of 1000 starting with 0–999;

“(C) the number of orders or directives received, combined, under this Act for contents, reported in bands of 1000 starting with 0–999;

“(D) the number of customer selectors targeted under orders or directives received, combined, under this Act for contents reported in bands of 1000 starting with 0–999;

“(E) the number of orders received under this Act for noncontents, reported in bands of 1000 starting with 0–999; and

“(F) the number of customer selectors targeted under orders under this Act for noncontents, reported in bands of 1000 starting with 0–999, pursuant to—

“(i) title IV;

“(ii) title V with respect to applications described in section 501(b)(2)(B); and

“(iii) title V with respect to applications described in section 501(b)(2)(C).

“(2) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—

“(A) the number of national security letters received, reported in bands of 500 starting with 0–499;

“(B) the number of customer selectors targeted by national security letters, reported in bands of 500 starting with 0–499;

“(C) the number of orders or directives received, combined, under this Act for contents, reported in bands of 500 starting with 0–499;

“(D) the number of customer selectors targeted under orders or directives received, combined, under this Act for contents, reported in bands of 500 starting with 0–499;

“(E) the number of orders received under this Act for noncontents, reported in bands of 500 starting with 0–499; and

“(F) the number of customer selectors targeted under orders received under this Act for noncontents, reported in bands of 500 starting with 0–499.

“(3) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply in the into separate categories of—

“(A) the total number of all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 250 starting with 0–249; and

“(B) the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 250 starting with 0–249.

“(4) An annual report that aggregates the number of orders, directives, and national security letters the person was required to comply with into separate categories of—

“(A) the total number of all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 100 starting with 0–99; and

“(B) the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this Act, combined, reported in bands of 100 starting with 0–99.

“(b) Period of Time Covered by Reports.—

“(1) A report described in paragraph (1) or (2) of subsection (a) shall include only information—

“(A) relating to national security letters for the previous 180 days; and

“(B) relating to authorities under this Act for the 180-day period of time ending on the date that is not less than 180 days prior to the date of the publication of such report, except that with respect to a platform, product, or service for which a person did not previously receive an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or service) such report shall not include any information relating to such new order or directive until 540 days after the date on which such new order or directive is received.

“(2) A report described in paragraph (3) of subsection (a) shall include only information relating to the previous 180 days.

“(3) A report described in paragraph (4) of subsection (a) shall include only information for the 1-year period of time ending on the date that is not less than 1 year prior to the date of the publication of such report.

“(c) Other Forms of Agreed to Publication.—Nothing in this section prohibits the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section.

“(d) Definitions.—In this section:

“(1) Contents.—The term ‘contents’ has the meaning given that term under section 2510 of title 18, United States Code.

“(2) National security letter.—The term ‘national security letter’ has the meaning given that term under section 603.”

(b)
Table of Contents Amendment.— The table of contents, as amended by sections 402 and 602 of this Act, is further amended by inserting after the item relating to section 603, as added by section 602 of this Act, the following new item:

“Sec. 604. Public reporting by persons subject to orders.”.

SEC. 604. Reporting Requirements for Decisions, Orders, and Opinions of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review.

Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as follows:

“(1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this Act, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this Act or a novel application of any provision of this Act, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and”

SEC. 605. Submission of Reports under Fisa.

(a)
Electronic Surveillance.— Section 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by striking “ the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,” and inserting “ 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”.
(b)
Physical Searches.— The matter preceding paragraph (1) of section 306 (50 U.S.C. 1826) is amended—
(1)
in the first sentence, by striking “ Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate,” and inserting “ 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
(2)
in the second sentence, by striking “ and the Committee on the Judiciary of the House of Representatives”.
(c)
Pen Registers and Trap and Trace Devices.— Section 406(b) (50 U.S.C. 1846(b)) is amended—
(1)
in paragraph (2), by striking “ ; and” and inserting a semicolon;
(2)
in paragraph (3), by striking the period and inserting a semicolon; and
(3)
by adding at the end the following new paragraphs:

“(4) each department or agency on behalf of which the Attorney General or a designated attorney for the Government has made an application for an order authorizing or approving the installation and use of a pen register or trap and trace device under this title; and

“(5) for each department or agency described in paragraph (4), each number described in paragraphs (1), (2), and (3).”

(d)
Access to Certain Business Records and Other Tangible Things.— Section 502(a) (50 U.S.C. 1862(a)) is amended by striking “ Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate” and inserting “ 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”.