BOB GOODLATTE, Virginia CHAIRMAN JAMES SENSENBRENNER, JR ,Wisconsin LAMAR 5. SMITH, Texas STEVE CHABOT, Ohio DARRELL E. ISSA, California RANDY FORBES, Virginia Congress of tinnith Starts ianusr ur TED POE, Texas COMMITTEE ON THE JUDICIARY JASON CHAFFETZ, Utah 2138 RAYBURN HOUSE OFFICE BUILDING ONE HUNDRED FOURTEENTH CONGRESS TOM MARINO. TREY GOWDY, South Carolina RAUL R. LABRADOR, Idaho BLAKE FARENTHOLD. Texas DOUG COLLINS, Georgia RON DESANTIS, Florida MIMI WALTERS, California KEN BUCK, Colorado JOHN HATCLIFFE, Texas DAVE Michigan MIKE BISHOP, Michigan WASHINGTON, DC 20515?6216 (202) 225?3951 housegov/judiciary April 7, 2017 The Hon. Daniel Coats Director of National Intelligence Of?ce of the Director of National Intelligence Washington, DC, 20511 Dear Director Coats: JOHN CONYERS, JR., Michigan RANKING MEMBER JERROLD NADLER, New York ZOE LOFGREN, California SHEILA JACKSON LEE, Texas STEVE COHEN, Tennessee HENRY C. JOHNSON, JR Georgia PEDRO R. PIERLUISI, Puerto Rico JUDY CHU, California TED DEUTCH. Florida LUIS GUTIERREZ, Illinois KAREN BASS, California CEDRIC RICHMOND, Louisiana SUZAN DELBENE, Washington HAKEEM S. JEFFRIES, New York DAVID CICILLINE, Rhode Island SCOTT PETERS, California One year ago, several members of our Committee wrote to your predecessor to request ?a public estimate of the number of communications or transactions involving United States persons subject to Section 702 surveillance on an annual basis.?1 Members subsequently followed up with additional requests for the same information. We appreciate the technical and logistical challenges presented by these requests, but we remain convinced that this estimate is crucial as we contemplate reauthorization of the ISA Amendments Act. We write today to renew the requests of our colleagues. We also ask that you provide us with an update on this request no later than April 24, 2017. You have described reauthorization of Section 702 as your ?top legislative priority.?2 Although Congress designed this authority to target non-US. persons located outside of the United States, it is clear that Section 702 surveillance programs can and do collect information about US. persons, on subjects unrelated to counterterrorism. It is imperative that we understand the size of this impact on US. persons as our Committee proceeds with the debate on reauthorization. 1 Letter from Rep. John Conyers, Jr., et a1., to Director of Nat?l. Intelligence James R. Clapper, Apr. 22, 2016. 2 SSCI Additional Prehearing Questions for Daniel Coats upon his nomination to be Director of National Intelligence, Feb. 28, 2017. Letter to Director Coats April 7, 2017 Page 2 In a December 16, 2016 letter to Director Clapper, several of our colleagues outlined the Committee?s understanding of the project so far: I The ODNI and the NSA will provide us with the estimate ?early enough to inform the debate? about Section 702. The information will be in a form that can be shared with the public. I Any estimates will be presented in real numbers?not merely percentages. As ODNI and NSA survey the data, they may encounter information from individuals about whom there is insuf?cient information to know whether they are Americans or located inside the United States. The number of these individuals will be included in any reporting as well. I ODNI and NSA will provide us with an explanation of the methodology chosen to conduct this survey of Section 702 programs. I Although we recognize that you may provide us with additional details about this project in a classi?ed setting, ODNI and NSA will make a description of the methodology available to the public. If your of?ce chooses a methodology that is materially different from the approaches already discussed with our staff, ODNI and NSA will brief us on the matter as soon as possible.3 Unless you communicate otherwise, we will assume that this understanding of the proj ect? which is based on multiple brie?ngs to our staff by ODNI and still accurate. At your con?rmation hearing before the Senate Select Committee on Intelligence, Senator Ron Wyden (D-WA) pressed you on the importance of delivering on this estimate. You responded: ?I?m going to do everything I can to work with Admiral Rogers in NSA to get you that number.?4 We thank you for your prompt attention to this matter, and look forward to your response. 3 Letter from Rep. John Conyers, Jr., et al., to Director of Nat?l. Intelligence James R. Clapper, Dec. 16, 2016. 4 Nomination of Daniel Coats to be Director of National Intelligence, hearing before the S. Select Comm. on Intelligence, Feb. 28, 2017 (statement of former Sen. Daniel Coats). Letter to Director Coats April 7, 2017 Page 3 Sincerely, Bob Goodlatte @n Congers, .110 0 Chairman Ranking Member