[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 436

 To amend the Foreign Intelligence Surveillance Act of 1978 to improve 
the administration and oversight of foreign intelligence surveillance, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2003

 Mr. Leahy (for himself, Mr. Grassley, and Mr. Specter) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to improve 
the administration and oversight of foreign intelligence surveillance, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Surveillance Oversight Act 
of 2003''.

SEC. 2. IMPROVEMENTS TO FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Rules and Procedures for FISA Courts.--Section 103 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
amended by adding at the end the following new subsection:
    ``(e)(1) The courts established pursuant to subsections (a) and (b) 
may establish such rules and procedures, and take such actions, as are 
reasonably necessary to administer their responsibilities under this 
Act.
    ``(2) The rules and procedures established under paragraph (1), and 
any modifications of such rules and procedures, shall be recorded, and 
shall be transmitted to the following:
            ``(A) All of the judges on the court established pursuant 
        to subsection (a).
            ``(B) All of the judges on the court of review established 
        pursuant to subsection (b).
            ``(C) The Chief Justice of the United States.
            ``(D) The Committee on the Judiciary of the Senate.
            ``(E) The Select Committee on Intelligence of the Senate.
            ``(F) The Committee on the Judiciary of the House of 
        Representatives.
            ``(G) The Permanent Select Committee on Intelligence of the 
        House of Representatives.''.
    (b) Reporting Requirements.--(1) The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
            (A) by redesignating title VI as title VII, and section 601 
        as section 701, respectively; and
            (B) by inserting after title V the following new title:

                ``TITLE VI--PUBLIC REPORTING REQUIREMENT

                ``public report of the attorney general

    ``Sec. 601. In addition to the reports required by sections 107, 
108, 306, 406, and 502, in April of each year, the Attorney General 
shall issue a public report setting forth with respect to the preceding 
calendar year--
            ``(1) the aggregate number of United States persons 
        targeted for orders issued under this Act, including 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 times that the Attorney General has 
        authorized that information obtained under such sections or any 
        information derived therefrom may be used in a criminal 
        proceeding;
            ``(3) the number of times that a statement was completed 
        pursuant to section 106(b), 305(c), or 405(b) to accompany a 
        disclosure of information acquired under this Act for law 
        enforcement purposes; 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 or any 
                provision of the United States Constitution, 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 or any provision of the United 
                States Constitution, not including the facts of any 
                particular matter, which may be redacted; and
                    ``(C) in the first report submitted under this 
                section, the matters specified in subparagraphs (A) and 
                (B) for all documents and applications filed with the 
                courts established under section 103, and all otherwise 
                unpublished opinions and orders of that court, for the 
                4 years before the preceding calendar year in addition 
                to that year.''.
    (2) The table of contents for that Act is amended by striking the 
items for title VI and inserting the following new items:

                ``TITLE VI--PUBLIC REPORTING REQUIREMENT

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

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

SEC. 3. ADDITIONAL IMPROVEMENTS OF CONGRESSIONAL OVERSIGHT OF 
              SURVEILLANCE ACTIVITIES.

    (a) Title 18, United States Code.--Section 2709(e) of title 18, 
United States Code, is amended by adding at the end the following new 
sentence: ``The information shall include a separate statement of all 
such requests made of institutions operating as public libraries or 
serving as libraries of secondary schools or institutions of higher 
education.''.
    (b) Right to Financial Privacy Act of  1978.--Section 1114(a)(5)(C) 
of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)) 
is amended to read as follows:
    ``(C)(i) On a semiannual basis the Attorney General shall fully 
inform the congressional intelligence committees, the Committee on the 
Judiciary of the House of Representatives, and the Committee on the 
Judiciary of the Senate concerning all requests made pursuant to this 
paragraph.
    ``(ii) In the case of the semiannual reports required to be 
submitted under clause (i) to the congressional intelligence 
committees, the submittal dates for such reports shall be as provided 
in section 507 of the National Security Act of 1947.
    ``(iii) In this subparagraph, the term `congressional intelligence 
committees' has the meaning given that term in section 3 of the 
National Security Act of 1947 (50 U.S.C. 401a).''.
    (c) Fair Credit Reporting Act.--Section 625(h)(1) of the Fair 
Credit Reporting Act (15 U.S.C. 1681u(h)(1)), as amended by section 
811(b)(8)(B) of the Intelligence Authorization Act for Fiscal Year 2003 
(Public Law 107-306), is further amended--
            (1) by striking ``and the Committee on Banking, Finance and 
        Urban Affairs of the House of Representatives'' and inserting 
        ``, the Committee on Financial Services, and the Committee on 
        the Judiciary of the House of Representatives''; and
            (2) by striking ``and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate'' and inserting ``, the 
        Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on the Judiciary of the Senate''.
                                 <all>