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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3035 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3035

   To permit periodic public reporting by electronic communications 
 providers and remote computer service providers of certain estimates 
    pertaining to requests or demands by Federal agencies under the 
   provisions of certain surveillance laws where disclosure of such 
         estimates is, or may be, otherwise prohibited by law.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2013

 Ms. Lofgren (for herself, Mr. Chaffetz, Mr. Conyers, Mr. Nadler, Mr. 
 Farenthold, Ms. DelBene, Mr. Poe of Texas, Mr. Polis, Mr. Amash, and 
 Mr. Massie) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Select Committee on 
Intelligence (Permanent Select) and Financial Services, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
   To permit periodic public reporting by electronic communications 
 providers and remote computer service providers of certain estimates 
    pertaining to requests or demands by Federal agencies under the 
   provisions of certain surveillance laws where disclosure of such 
         estimates is, or may be, otherwise prohibited by law.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surveillance Order Reporting Act of 
2013''.

SEC. 2. REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS.

    (a) In General.--Each electronic service provider may report 
information to the public in accordance with this section about 
requests and demands for information made by any Government entity 
under a surveillance law, and is exempt in accordance with subsection 
(d) from liability with respect to that report, even if such provider 
would otherwise be prohibited by a surveillance law from reporting that 
information.
    (b) Periodic Aggregate Reports.--An electronic service provider may 
report such information not more often than quarterly and only to the 
following extent:
            (1) Estimate of numbers of demands and requests made.--The 
        report may reveal an estimate of the number of such demands and 
        requests made during the period to which the report pertains.
            (2) Estimate of numbers of demands and requests complied 
        with.--The report may reveal an estimate of the numbers of such 
        demands and requests the service provider complied with during 
        the period to which the report pertains, regardless of when the 
        demands or requests were made.
            (3) Estimate of number of users or accounts.--The report 
        may reveal an estimate of the numbers of users or accounts, or 
        both, of the service provider, for which information was 
        demanded, requested, or provided during the period to which the 
        report pertains.
    (c) Special Rules for Reports.--
            (1)  Level of detail by authorizing surveillance law.--Any 
        estimate disclosed under this section may be an overall 
        estimate or broken down by categories of authorizing 
        surveillance laws or by provisions of authorizing surveillance 
        laws.
            (2) Level of detail by numerical range.--Each estimate 
        disclosed under this section must be expressed in no greater 
        detail than in a range of 100, rounded to the nearest 100s.
            (3) Report may be broken down by periods not less than 
        calendar quarters.--For any reporting period, the provider may 
        break down the report by calendar quarters or any other time 
        periods greater than a calendar quarter.
    (d) Limitation on Liability.--A electronic service provider making 
a report that provider reasonably believes in good faith is authorized 
by this section is not criminally or civilly liable in any court for 
making that report.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to prohibit disclosures other than those authorized by this 
section.
    (f) Definitions.--In this section:
            (1) The term ``electronic service provider'' means an 
        electronic communications service provider (as that term is 
        defined in section 2510 of title 18, United States Code) or a 
        remote computing service provider (as that term is defined in 
        section 2711 of title 18, United States Code).
            (2) The term ``surveillance law'' means any provision of 
        any of the following:
                    (A) The Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1801 et seq.).
                    (B) Section 802(a) of the National Security Act of 
                1947 (50 U.S.C. 436(a)).
                    (C) Section 2709 of title 18, United States Code.
                    (D) Section 1114(a)(5)(A) of the Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)).
                    (E) Subsections (a) or (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u(a), 
                1681u(b)).
                    (F) Section 627(a) of the Fair Credit Reporting Act 
                (15 U.S.C. 1681v(a)).
                                 <all>
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