II 

113TH CONGRESS 

1ST SESSION S. 1452 

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 

AUGUST 1, 2013 

Mr. FRANKEN (for himself, Mr. LEAHY, Mr. UDALL of New Mexico, Mr. 

BLUMENTHAL, Mr. MERKLEY, Mr. UDALL of Colorado, Mr. WYDEN, Mr. 

TESTER, Mr. MARKEY, Mr. DURBIN, and Ms. WARREN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surveillance Trans5 parency Act of 2013’’. 


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1 SEC. 2. ENHANCED PUBLIC REPORTING FOR ORDERS 

2 UNDER THE FOREIGN INTELLIGENCE SUR3 VEILLANCE ACT OF 1978. 

4 (a) ENHANCED REPORTING FOR ELECTRONIC SUR5 VEILLANCE ORDERS.—Section 107 of the Foreign Intel6 ligence Surveillance Act of 1978 (50 U.S.C. 1807) is 

7 amended— 

8 (1) by redesignating subsections (a) and (b) as 

9 paragraphs (1) and (2), respectively; 

10 (2) in paragraph (1), as redesignated by para11 graph (1) of this subsection, by striking ‘‘and’’ at 

12 the end; 

13 (3) in paragraph (2), as redesignated by para14 graph (1) of this subsection, by striking the period 

15 at the end and inserting a semicolon; and 

16 (4) by adding at the end the following: 

17 ‘‘(3) the total number of individuals who were 

18 subject to electronic surveillance conducted under an 

19 order entered under this title, provided that if this 

20 number is fewer than 500, it shall exclusively be ex21 pressed as a numerical range of ‘fewer than 500’ 

22 and shall not be expressed as an individual number; 

23 and 

24 ‘‘(4) the total number of citizens of the United 

25 States and aliens lawfully admitted for permanent 

26 residence (as defined in section 101(a)(20) of the 


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1 Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(20)) who were subject to electronic surveil3 lance conducted under an order entered under this 

4 title, provided that if this number is fewer than 500, 

5 it shall exclusively be expressed as a numerical range 

6 of ‘fewer than 500’ and shall not be expressed as an 

7 individual number.’’. 

8 (b) ENHANCED REPORTING FOR PEN REGISTERS

9 AND TRAP AND TRACE DEVICES.—Section 406 of the 

10 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

11 1846) is amended by adding at the end the following: 

12 ‘‘(c)(1) Except as provided in paragraph (2), in April 

13 of each year, the Attorney General shall submit to Con14 gress a report setting forth with respect to the preceding 

15 year— 

16 ‘‘(A) the total number of applications made for 

17 orders approving the use of a pen register and trap 

18 and trace devices under this title; 

19 ‘‘(B) the total number of such orders either 

20 granted, modified, or denied; 

21 ‘‘(C) a good faith estimate of the total number 

22 of individual persons whose electronic or wire com23 munications information was obtained through the 

24 use of pen register or trap and trace devices author25 ized under an order entered under this title; 


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1 ‘‘(D) good faith estimates of the total numbers 

2 of United States persons— 

3 ‘‘(i) whose electronic or wire communica4 tions information was obtained through the use 

5 of pen register or trap and trace devices author6 ized under an order entered under this title; 

7 ‘‘(ii) whose electronic communications in8 formation was obtained through the use of pen 

9 register or trap and trace devices authorized 

10 under an order entered under this title, and the 

11 number of such persons whose information was 

12 subsequently reviewed or accessed by a Federal 

13 officer, employee, or agent; and 

14 ‘‘(iii) whose wire communications informa15 tion was obtained through the use of pen reg16 ister or trap and trace devices authorized under 

17 an order entered under this title, and the num18 ber of such persons whose information was sub19 sequently reviewed or accessed by a Federal of20 ficer, employee, or agent; and 

21 ‘‘(E) the total number of computer-assisted 

22 search queries initiated by a Federal officer, em23 ployee, or agent in any database of electronic or wire 

24 communications information obtained through the 

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1 thorized under an order entered under this title, and 

2 the number of such queries whose search terms in3 cluded information from the electronic or wire com4 munications information of a United States person. 

5 ‘‘(2) If an estimate specified in subparagraphs (C) 

6 or (D) of paragraph (1) is fewer than 500, it shall exclu7 sively be expressed as a numerical range of ‘fewer than 

8 500’ and shall not be expressed as an individual number. 

9 ‘‘(3) Each report under this section shall be sub10 mitted in unclassified form and shall be made available 

11 to the public 7 days after the date such report is submitted 

12 to Congress. 

13 ‘‘(4) Nothing in this subsection shall be construed to 

14 authorize or in any other way affect the lawfulness or un15 lawfulness of installing or using a pen register or trap and 

16 trace device. 

17 ‘‘(5) In this subsection: 

18 ‘‘(A) The terms ‘electronic communication’ and 

19 ‘wire communication’ have the meanings given those 

20 terms in section 2510 of title 18, United States 

21 Code. 

22 ‘‘(B) The term ‘individual person’ means any 

23 individual and excludes any group, entity, associa24 tion, corporation, or governmental entity. 


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1 ‘‘(C) The term ‘United States person’ means a 

2 citizen of the United States or an alien lawfully ad3 mitted for permanent residence (as defined in sec4 tion 101(a)(20) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(a)(20)).’’. 

6 (c) ENHANCED REPORTING FOR BUSINESS RECORDS

7 REQUESTS.—Section 502 of the Foreign Intelligence Sur8 veillance Act of 1978 (50 U.S.C. 1862) is amended— 

9 (1) in subsection (b)(3), by adding at the end 

10 the following: 

11 ‘‘(F) Records concerning electronic communica12 tions. 

13 ‘‘(G) Records concerning wire communications. 

14 ‘‘(H) Information described in subparagraph 

15 (A), (B), (D), (E), or (F) of section 2703(c)(2) of 

16 title 18, United States Code.’’; and 

17 (2) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c)(1) Except as provided in paragraph (2), in April 

20 of each year, the Attorney General shall submit to Con21 gress a report setting forth with respect to the preceding 

22 year— 

23 ‘‘(A) the total number of applications made for 

24 orders approving requests for the production of tan25 gible things under section 501; 


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1 ‘‘(B) the total number of such orders either 

2 granted, modified, or denied; 

3 ‘‘(C) a good faith estimate of the total number 

4 of individual persons whose tangible things were pro5 duced under an order entered under section 501; 

6 ‘‘(D) good faith estimates of the total numbers 

7 of United States persons— 

8 ‘‘(i) whose tangible things were produced 

9 under an order entered under section 501; 

10 ‘‘(ii) who were a party to an electronic 

11 communication of which a record was produced 

12 under an order entered under section 501, and 

13 the number of such persons whose records were 

14 subsequently reviewed or accessed by a Federal 

15 officer, employee, or agent; 

16 ‘‘(iii) who were a party to a wire commu17 nication of which a record was produced under 

18 an order entered under section 501, and the 

19 number of such persons whose records were 

20 subsequently reviewed or accessed by a Federal 

21 officer, employee, or agent; and 

22 ‘‘(iv) who were subscribers or customers of 

23 an electronic communication service or remote 

24 computing service and whose records, as de25 scribed in subparagraph (A), (B), (D), (E), or 


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1 (F) of section 2703(c)(2) of title 18, United 

2 States Code, were produced under an order en3 tered under section 501, and the number of 

4 such persons whose records were subsequently 

5 reviewed by a Federal officer, employee, or 

6 agent; 

7 ‘‘(E) the total number of computer-assisted 

8 search queries initiated by a Federal officer, em9 ployee or agent in any database of tangible things 

10 produced under an order entered under section 501, 

11 and the number of such queries whose search terms 

12 included information from the electronic or wire 

13 communications contents or records of a United 

14 States person; and 

15 ‘‘(F) a certification confirming that in the 

16 course of the preceding year no orders entered under 

17 section 501 were used to obtain the contents of an 

18 electronic or wire communication. 

19 ‘‘(2) If an estimate described in subparagraph (C) or 

20 (D) of paragraph (1) is fewer than 500, it shall exclusively 

21 be expressed as a numerical range of ‘fewer than 500’ and 

22 shall not be expressed as an individual number. 

23 ‘‘(3) Each report under this subsection shall be sub24 mitted in unclassified form and shall be made available 


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1 to the public 7 days after the date such report is submitted 

2 to Congress. 

3 ‘‘(4) Nothing in this subsection shall be construed to 

4 authorize or in any other way affect the lawfulness or un5 lawfulness of using an order for the production of tangible 

6 things under section 501 to obtain any of the items de7 scribed in subparagraphs (A) through (H) of subsection 

8 (b)(3). 

9 ‘‘(5) In this subsection: 

10 ‘‘(A) The terms ‘contents’, ‘electronic commu11 nication’, ‘electronic communication service’, and 

12 ‘wire communication’ shall have the meanings given 

13 those terms in section 2510 of title 18, United 

14 States Code. 

15 ‘‘(B) The term ‘individual person’ means any 

16 individual and excludes any group, entity, associa17 tion, corporation, or governmental entity. 

18 ‘‘(C) The term ‘remote computing service’ has 

19 the meaning given that term in section 2711 of title 

20 18, United States Code. 

21 ‘‘(D) The term ‘United States person’ means a 

22 citizen of the United States or an alien lawfully ad23 mitted for permanent residence (as defined in sec24 tion 101(a)(20) of the Immigration and Nationality 

25 Act (8 U.S.C. 1101(a)(20)).’’. 


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1 (d) ENHANCED REPORTING FOR ADDITIONAL PRO2 CEDURES REGARDING CERTAIN PERSONS OUTSIDE THE

3 UNITED STATES.—Section 707 of the Foreign Intelligence 

4 Surveillance Act of 1978 (50 U.S.C. 1881f) is amended 

5 by adding at the end the following: 

6 ‘‘(c) ANNUAL REPORT.— 

7 ‘‘(1) REQUIREMENT FOR REPORT.—In April of 

8 each year, the Attorney General shall submit to Con9 gress a report setting forth with respect to the pre10 ceding year— 

11 ‘‘(A) the total number of— 

12 ‘‘(i) directives issued under section 

13 702; 

14 ‘‘(ii) orders granted under section 

15 703; and 

16 ‘‘(iii) orders granted under section 

17 704; 

18 ‘‘(B) good faith estimates of the total num19 bers of individual persons whose electronic or 

20 wire communications or communications 

21 records were collected pursuant to— 

22 ‘‘(i) a directive issued under section 

23 702; 

24 ‘‘(ii) an order granted under section 

25 703; and 


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1 ‘‘(iii) an order granted under section 

2 704; and 

3 ‘‘(C) good faith estimates of the total num4 bers of United States persons— 

5 ‘‘(i) whose electronic or wire commu6 nications contents or records were collected 

7 pursuant to— 

8 ‘‘(I) a directive issued under sec9 tion 702; 

10 ‘‘(II) an order granted under sec11 tion 703; and 

12 ‘‘(III) an order granted under 

13 section 704; 

14 ‘‘(ii) who were a party to an electronic 

15 communication whose contents were col16 lected pursuant to a directive issued under 

17 section 702, and the number of such per18 sons whose communication contents were 

19 subsequently reviewed or accessed by a 

20 Federal officer, employee, or agent; 

21 ‘‘(iii) who were a party to an elec22 tronic communication whose records (other 

23 than content) were collected pursuant to a 

24 directive issued under section 702, and the 

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1 tion records were subsequently reviewed or 

2 accessed by a Federal officer, employee, or 

3 agent; 

4 ‘‘(iv) who were a party to a wire com5 munication whose contents were collected 

6 pursuant to a directive issued under sec7 tion 702, and the number of such persons 

8 whose communication contents were subse9 quently reviewed or accessed by a Federal 

10 officer, employee, or agent; 

11 ‘‘(v) who were a party to an electronic 

12 communication whose records (other than 

13 content) were collected pursuant to a direc14 tive issued under section 702, and the 

15 number of such persons whose communica16 tion records were subsequently reviewed or 

17 accessed by a Federal officer, employee, or 

18 agent; and 

19 ‘‘(vi) who were subscribers or cus20 tomers of an electronic communication 

21 service or remote computing service whose 

22 records, as described in subparagraphs 

23 (A), (B), (D), (E), and (F) of section 

24 2703(c)(2) of title 18, United States Code, 

25 were produced pursuant to a directive 


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1 issued under section 702, and the number 

2 of such persons whose records were subse3 quently reviewed or accessed by a Federal 

4 officer, employee, or agent. 

5 ‘‘(2) STATEMENT OF NUMERICAL RANGE.—If 

6 an estimate specified in subparagraphs (B) or (C) of 

7 paragraph (1) is fewer than 500, it shall exclusively 

8 be expressed as a numerical range of ‘fewer than 

9 500’ and shall not be expressed as an individual 

10 number. 

11 ‘‘(3) PUBLIC AVAILABILITY.—Each report 

12 under this subsection shall be submitted in unclassi13 fied form and shall be made available to the public 

14 7 days after the date such report is submitted to 

15 Congress. 

16 ‘‘(4) DEFINITIONS.—In this subsection: 

17 ‘‘(A) IN GENERAL.—The terms ‘contents’, 

18 ‘electronic communication’, ‘electronic commu19 nication service’, and ‘wire communication’ have 

20 the same meanings given those terms in section 

21 2510 of title 18, United States Code. 

22 ‘‘(B) INDIVIDUAL PERSON.—The term ‘in23 dividual person’ means any individual and ex24 cludes any group, entity, association, corpora25 tion, or governmental entity. 


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1 ‘‘(C) REMOTE COMPUTING SERVICE.—The 

2 term ‘remote computing service’ shall have the 

3 same meaning given that term in section 2711 

4 of title 18, United States Code. 

5 ‘‘(D) UNITED STATES PERSON.—The term 

6 ‘United States person’ means a citizen of the 

7 United States or an alien lawfully admitted for 

8 permanent residence (as defined in section 

9 101(a)(20) of the Immigration and Nationality 

10 Act (8 U.S.C. 1101(a)(20)). 

11 ‘‘(5) CONSTRUCTION.—Nothing in this section 

12 shall be construed to authorize or in any other way 

13 affect the lawfulness or unlawfulness of using an 

14 order or directive under section 702, 703, or 704 to 

15 collect any of the information described in subpara16 graph (B) or (C) of paragraph (1).’’. 

17 SEC. 3. PUBLIC DISCLOSURES OF AGGREGATE INFORMA18 TION RELATED TO ORDERS UNDER THE FOR19 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

20 1978. 

21 (a) DISCLOSURES.—The Foreign Intelligence Surveil22 lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 

23 by adding at the end the following: 


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1 ‘‘TITLE IX—PUBLIC DISCLO2 SURES OF AGGREGATE IN3 FORMATION 

4 ‘‘SEC. 901. PUBLIC DISCLOSURES OF AGGREGATE INFOR5 MATION. 

6 ‘‘(a) IN GENERAL.—Except as provided under sub7 section (c), a person that has received an order under sec8 tion 105, 402, or 501, or an order or a directive under 

9 section 702, 703, or 704 may, every six months with re10 spect to the preceding six-month period, disclose to the 

11 public information with respect to each statutory authority 

12 as follows: 

13 ‘‘(1) The total number of orders or directives 

14 received under the authority. 

15 ‘‘(2) The percentage or total number of such 

16 orders or directives complied with, in whole or in 

17 part. 

18 ‘‘(3) The total number of individual persons, 

19 users, or accounts whose information of any kind 

20 was produced to the Government, or was obtained or 

21 collected by the Government, under an order or di22 rective received under the authority. 

23 ‘‘(b) NATURE OF PRODUCTION.—Except as provided 

24 under subsection (c), a person that has received an order 

25 under section 402 or 501, or an order or a directive under 


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1 section 702 may, every six months with respect to the pre2 ceding six-month period, disclose to the public the total 

3 number of individual persons, users, or accounts for whom 

4 the following information was produced to the Govern5 ment, or was obtained or collected by the Government, 

6 with respect to each such authority, if applicable: 

7 ‘‘(1) The contents of electronic communications. 

8 ‘‘(2) The contents of wire communications. 

9 ‘‘(3) Records concerning electronic communica10 tions. 

11 ‘‘(4) Records concerning wire communications. 

12 ‘‘(5) Information described in subparagraph 

13 (A), (B), (D), (E), or (F) of section 2703(c)(2) of 

14 title 18. 

15 ‘‘(c) STATEMENT OF NUMERICAL RANGE.—If the 

16 total number of individual persons, users, or accounts 

17 specified in paragraph (3) of subsection (a) or in para18 graphs (1), (2), (3), (4), or (5) of subsection (b) is fewer 

19 than 500, it shall exclusively be expressed as a numerical 

20 range of ‘fewer than 500’ and shall not be expressed as 

21 an individual number. 

22 ‘‘(d) PERMITTED DISCLOSURE.—No cause of action 

23 shall lie in any court against any person for making a dis24 closure in accordance with this section. 


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1 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 

2 be construed— 

3 ‘‘(1) to authorize or in any other way affect the 

4 lawfulness or unlawfulness of using an order or di5 rective described in subsection (a) to obtain, collect, 

6 or secure the production of information described in 

7 paragraphs (1), (2), (3), (4), or (5) of subsection 

8 (b); or 

9 ‘‘(2) to prohibit, implicitly preclude, or in any 

10 other way affect the lawfulness or unlawfulness of a 

11 disclosure not authorized by this section. 

12 ‘‘(f) DEFINITIONS.—In this section: 

13 ‘‘(1) IN GENERAL.—The terms ‘contents’, ‘elec14 tronic communication’, and ‘wire communication’ 

15 have the meanings given those terms in section 2510 

16 of title 18, United States Code. 

17 ‘‘(2) INDIVIDUAL PERSON.—The term ‘indi18 vidual person’ means any individual and excludes 

19 any group, entity, association, corporation, or gov20 ernmental entity. 

21 ‘‘(3) PERSON.—The term ‘person’ has the 

22 meaning given that term in section 101.’’. 

23 (b) CONFORMING AMENDMENTS.—The Foreign In24 telligence Surveillance Act of 1978 is amended— 


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1 (1) in section 402(d)(2)(B)(ii)(I) (50 U.S.C. 

2 1842(d)(2)(B)(ii)(I)), by inserting ‘‘except as per3 mitted by section 901,’’ before ‘‘shall not disclose’’; 

4 and 

5 (2) in section 501(d) (50 U.S.C. 1861(d))— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (B), by striking 

8 ‘‘or’’ at the end; 

9 (ii) in subparagraph (C), by striking 

10 the period at the end and inserting a semi11 colon and ‘‘or’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(D) the public as permitted by section 901.’’; 

15 and 

16 (B) in paragraph (2)(A) by inserting ‘‘sub17 paragraph (A), (B), or (C) of’’ after ‘‘pursuant 

18 to’’. 

19 (c) TABLE OF CONTENTS AMENDMENT.—The table 

20 of contents in the first section of th Foreign Intelligence 

21 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 

22 amended by adding at the end the following: 

‘‘TITLE IX—PUBLIC DISCLOSURES OF AGGREGATE INFORMATION 

‘‘Sec. 901. Public disclosures of aggregate information.’’. 

Æ 


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