I 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Surveillance Order Re3 porting Act of 2013’’. 

4 SEC. 2. REPORTING FISA ORDERS AND NATIONAL SECU5 RITY LETTERS. 

6 (a) IN GENERAL.—Each electronic service provider 

7 may report information to the public in accordance with 

8 this section about requests and demands for information 

9 made by any Government entity under a surveillance law, 

10 and is exempt in accordance with subsection (d) from li11 ability with respect to that report, even if such provider 

12 would otherwise be prohibited by a surveillance law from 

13 reporting that information. 

14 (b) PERIODIC AGGREGATE REPORTS.—An electronic 

15 service provider may report such information not more 

16 often than quarterly and only to the following extent: 

17 (1) ESTIMATE OF NUMBERS OF DEMANDS AND

18 REQUESTS MADE.—The report may reveal an esti19 mate of the number of such demands and requests 

20 made during the period to which the report pertains. 

21 (2) ESTIMATE OF NUMBERS OF DEMANDS AND

22 REQUESTS COMPLIED WITH.—The report may reveal 

23 an estimate of the numbers of such demands and re24 quests the service provider complied with during the 

25 period to which the report pertains, regardless of 

26 when the demands or requests were made. 


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1 (3) ESTIMATE OF NUMBER OF USERS OR AC2 COUNTS.—The report may reveal an estimate of the 

3 numbers of users or accounts, or both, of the service 

4 provider, for which information was demanded, re5 quested, or provided during the period to which the 

6 report pertains. 

7 (c) SPECIAL RULES FOR REPORTS.— 

8 (1) LEVEL OF DETAIL BY AUTHORIZING SUR9 VEILLANCE LAW.—Any estimate disclosed under this 

10 section may be an overall estimate or broken down 

11 by categories of authorizing surveillance laws or by 

12 provisions of authorizing surveillance laws. 

13 (2) LEVEL OF DETAIL BY NUMERICAL

14 RANGE.—Each estimate disclosed under this section 

15 must be expressed in no greater detail than in a 

16 range of 100, rounded to the nearest 100s. 

17 (3) REPORT MAY BE BROKEN DOWN BY PERI18 ODS NOT LESS THAN CALENDAR QUARTERS.—For 

19 any reporting period, the provider may break down 

20 the report by calendar quarters or any other time 

21 periods greater than a calendar quarter. 

22 (d) LIMITATION ON LIABILITY.—A electronic service 

23 provider making a report that provider reasonably believes 

24 in good faith is authorized by this section is not criminally 

25 or civilly liable in any court for making that report. 


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1 (e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to prohibit disclosures other than 

3 those authorized by this section. 

4 (f) DEFINITIONS.—In this section: 

5 (1) The term ‘‘electronic service provider’’ 

6 means an electronic communications service provider 

7 (as that term is defined in section 2510 of title 18, 

8 United States Code) or a remote computing service 

9 provider (as that term is defined in section 2711 of 

10 title 18, United States Code). 

11 (2) The term ‘‘surveillance law’’ means any pro12 vision of any of the following: 

13 (A) The Foreign Intelligence Surveillance 

14 Act of 1978 (50 U.S.C. 1801 et seq.). 

15 (B) Section 802(a) of the National Secu16 rity Act of 1947 (50 U.S.C. 436(a)). 

17 (C) Section 2709 of title 18, United States 

18 Code. 

19 (D) Section 1114(a)(5)(A) of the Right to 

20 Financial Privacy Act of 1978 (12 U.S.C. 

21 3414(a)(5)(A)). 

22 (E) Subsections (a) or (b) of section 626 

23 of the Fair Credit Reporting Act (15 U.S.C. 

24 1681u(a), 1681u(b)). 


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1 (F) Section 627(a) of the Fair Credit Re2 porting Act (15 U.S.C. 1681v(a)). 

Æ 


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