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 re-
ferred 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 com-
mittee concerned 
A BILL 
To permit periodic public reporting by electronic communica-
tions providers and remote computer service providers 
of certain estimates pertaining to requests or demands 
by Federal agencies under the provisions of certain sur-
veillance laws where disclosure of such estimates is, or 
may be, otherwise prohibited by law. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Surveillance Order Re-
porting Act of 2013’’. 
SEC. 2. REPORTING FISA ORDERS AND NATIONAL SECU-
RITY 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 li-
ability 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 esti-
mate 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 re-
quests the service provider complied with during the 
period to which the report pertains, regardless of 
when the demands or requests were made. 
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(3) ESTIMATE OF NUMBER OF USERS OR AC-
COUNTS.—The report may reveal an estimate of the 
numbers of users or accounts, or both, of the service 
provider, for which information was demanded, re-
quested, or provided during the period to which the 
report pertains. 
(c) SPECIAL RULES FOR REPORTS.— 
(1) LEVEL OF DETAIL BY AUTHORIZING SUR-
VEILLANCE 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 PERI-
ODS 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. 
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(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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 pro-
vision 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 Secu-
rity 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)). 
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(F) Section 627(a) of the Fair Credit Re-
porting Act (15 U.S.C. 1681v(a)). 
Æ 
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