[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Pages 10811-10812]
[From the U.S. Government Publishing Office, www.gpo.gov]




            FOREIGN INTELLIGENCE SURVEILLANCE ACT--Continued


                           Amendment No. 536

  (Purpose: To establish additional annual reporting requirements on 
  activities under the Foreign Intelligence Surveillance Act of 1978)

  Mr. FEINGOLD. Mr. President, I call up amendment No. 536.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold] proposes an 
     amendment numbered 536.

  Mr. FEINGOLD. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To establish additional annual reporting requirements on 
  activities under the Foreign Intelligence Surveillance Act of 1978)

       At the end, add the following:

     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--

[[Page 10812]]

       ``(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.''.

  Mr. FEINGOLD. Mr. President, this amendment would simply require the 
Department of Justice to report to the Intelligence Committee and the 
Judiciary Committee about the use of this new lone-wolf exception to 
FISA. With this information, Congress will be better able to assess the 
need for reauthorization as the sunset provision in the bill 
approaches. I am pleased that the amendment has been agreed to by the 
sponsors of the bill.
  I ask unanimous consent that this amendment be agreed to under the 
previous order.
  The PRESIDING OFFICER. Under the previous order, the amendment is 
agreed to.
  The amendment (No. 536) was agreed to.
  Mr. FEINGOLD. Thank you, Mr. President. I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. Mr. President, this morning I noted in detail the provisions 
of this amendment, why I supported the amendment and why I thought it 
was a good thing, and therefore any reference to further discussion on 
it can be made to the comments I made on it this morning.
  Mr. FEINGOLD. Mr. President, I thank the Senator from Arizona for his 
cooperation in working together to provide this measure of 
accountability to this important piece of legislation.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________