50 U.S. Code § 1873 - Annual reports

§ 1873.
Annual reports
(a) Report by Director of the Administrative Office of the United States Courts
(1) Report requiredThe 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 1805, 1824, 1842, 1861, 1881a, 1881b, and 1881c of this title;
(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 1803 of this title, including the name of each individual appointed to serve as amicus curiae; and
(F)
the number of findings issued under section 1803(i) of this title 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 IntelligenceExcept 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 subchapters I and II and sections 1881b and 1881c of this title and a good faith estimate of the number of targets of such orders;
(2) the total number of orders issued pursuant to section 1881a of this title 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 subchapter III 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 1861(b)(2)(B) of this title 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 1861(b)(2)(C) of this title 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 generalIf 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) DefinitionsIn this section:
(1) Contents

The term “contents” has the meaning given that term under section 2510 of title 18.

(2) Electronic communication

The term “electronic communication” has the meaning given that term under section 2510 of title 18.

(3) National security letterThe term “national security letter” means a request for a report, records, or other information under—
(C)
subsection (a) or (b) of section 1681u of title 15; or
(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 1101(a) of title 8).

(5) Wire communication

The term “wire communication” has the meaning given that term under section 2510 of title 18.

(Pub. L. 95–511, title VI, § 603, as added Pub. L. 114–23, title VI, § 602(a), June 2, 2015, 129 Stat. 292.)

 

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