[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 113 Referred in House (RFH)]

  1st Session
                                 S. 113


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2003

  Referred to the Committee on the Judiciary, and in addition to the 
    Permanent Select Committee on Intelligence, 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

_______________________________________________________________________

                                 AN ACT


 
  To amend the Foreign Intelligence Surveillance Act of 1978 to cover 
     individuals, other than United States persons, who engage in 
   international terrorism without affiliation with an international 
                            terrorist group.

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

SECTION 1. TREATMENT AS AGENT OF A FOREIGN POWER UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978 OF NON-UNITED 
              STATES PERSONS WHO ENGAGE IN INTERNATIONAL TERRORISM 
              WITHOUT AFFILIATION WITH INTERNATIONAL TERRORIST GROUPS.

    (a) In General.--Section 101(b)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at 
the end the following new subparagraph:
                    ``(C) engages in international terrorism or 
                activities in preparation therefor; or''.
    (b) Sunset.--The amendment made by subsection (a) shall be subject 
to the sunset provision in section 224 of the USA PATRIOT Act of 2001 
(Public Law 107-56; 115 Stat. 295), including the exception provided in 
subsection (b) of such section 224.

SEC. 2. ADDITIONAL ANNUAL REPORTING REQUIREMENTS UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Additional Reporting Requirements.--The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
            (1) by redesignating--
                    (A) title VI as title VII; and
                    (B) section 601 as section 701; and
            (2) by inserting after title V the following new title VI:

                   ``TITLE VI--REPORTING REQUIREMENT

                ``annual report of the attorney general

    ``Sec. 601. (a) In addition to the reports required by sections 
107, 108, 306, 406, and 502 in April each year, the Attorney General 
shall submit to the appropriate committees of Congress each year a 
report setting forth with respect to the one-year period ending on the 
date of such report--
            ``(1) the aggregate number of non-United States persons 
        targeted for orders issued under this Act, including a break-
        down of those targeted for--
                    ``(A) electronic surveillance under section 105;
                    ``(B) physical searches under section 304;
                    ``(C) pen registers under section 402; and
                    ``(D) access to records under section 501;
            ``(2) the number of individuals covered by an order issued 
        under this Act who were determined pursuant to activities 
        authorized by this Act to have acted wholly alone in the 
        activities covered by such order;
            ``(3) the number of times that the Attorney General has 
        authorized that information obtained under this Act may be used 
        in a criminal proceeding or any information derived therefrom 
        may be used in a criminal proceeding; and
            ``(4) in a manner consistent with the protection of the 
        national security of the United States--
                    ``(A) the portions of the documents and 
                applications filed with the courts established under 
                section 103 that include significant construction or 
                interpretation of the provisions of this Act, not 
                including the facts of any particular matter, which may 
                be redacted;
                    ``(B) the portions of the opinions and orders of 
                the courts established under section 103 that include 
                significant construction or interpretation of the 
                provisions of this Act, not including the facts of any 
                particular matter, which may be redacted.
    ``(b) The first report under this section shall be submitted not 
later than six months after the date of the enactment of this Act. 
Subsequent reports under this section shall be submitted annually 
thereafter.
    ``(c) In this section, the term `appropriate committees of 
Congress' means--
            ``(1) the Select Committee on Intelligence and the 
        Committee on the Judiciary of the Senate; and
            ``(2) the Permanent Select Committee on Intelligence and 
        the Committee on the Judiciary of the House of 
        Representatives.''.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by striking the items relating to title VI and inserting the 
following new items:

                   ``TITLE VI--REPORTING REQUIREMENT

``Sec. 601. Annual report of the Attorney General.
                      ``TITLE VII--EFFECTIVE DATE

``Sec. 701. Effective date.''.

            Passed the Senate May 8, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.