Amends: (1) the Federal criminal code to require that the semiannual report of the Director of the Federal Bureau of Investigation (FBI) to the intelligence and judiciary committees concerning requests for access to telephone and transactional records include a separate statement of requests made of institutions operating as public libraries or serving as libraries of secondary schools or institutions of higher education; (2) the Right to Financial Privacy Act of 1978 to require that the Attorney General's semiannual report regarding requests for financial records go to the judiciary committees; and (3) the Fair Credit Reporting Act to require that the Attorney General's semiannual report regarding disclosures by credit reporting agencies to the FBI be made to the judiciary committees.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2429 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2429
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 HOUSE OF REPRESENTATIVES
June 11, 2003
Mr. Hoeffel (for himself, Mr. Conyers, Mr. Farr, Ms. Jackson-Lee of
Texas, Mr. Frank of Massachusetts, Mr. McDermott, Mr. Frost, Mr.
Grijalva, Mr. Udall of Colorado, Mr. Case, Mr. Ryan of Ohio, Ms. Lee,
Ms. Kaptur, Ms. Woolsey, Mr. Doggett, Mr. Stark, Mr. Kucinich, and Mr.
Honda) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Select Committees on
Intelligence (Permanent Select) and Financial Services, 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
_______________________________________________________________________
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 ``Surveillance Oversight and
Disclosure 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 aggregate number of applications under each
section referred to in paragraph (1) for orders issued under
that section--
``(A) with respect only to United States persons,
and
``(B) with respect to all persons without regard to
nationality;
``(3) 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;
``(4) 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
``(5) 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>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), and Financial Services, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), and Financial Services, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), and Financial Services, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), and Financial Services, 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.
Referred to the Subcommittee on Financial Institutions and Consumer Credit, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Commercial and Administrative Law.
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