I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surveillance Oversight 

5 and Disclosure Act of 2003’’. 
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1 SEC. 2. IMPROVEMENTS TO FOREIGN INTELLIGENCE SUR2 VEILLANCE ACT OF 1978. 

3 (a) RULES AND PROCEDURES FOR FISA COURTS.—

4 Section 103 of the Foreign Intelligence Surveillance Act 

5 of 1978 (50 U.S.C. 1803) is amended by adding at the 

6 end the following new subsection: 

7 ‘‘(e)(1) The courts established pursuant to sub8 sections (a) and (b) may establish such rules and proce9 dures, and take such actions, as are reasonably necessary 

10 to administer their responsibilities under this Act. 

11 ‘‘(2) The rules and procedures established under 

12 paragraph (1), and any modifications of such rules and 

13 procedures, shall be recorded, and shall be transmitted to 

14 the following: 

15 ‘‘(A) All of the judges on the court established 

16 pursuant to subsection (a). 

17 ‘‘(B) All of the judges on the court of review es18 tablished pursuant to subsection (b). 

19 ‘‘(C) The Chief Justice of the United States. 

20 ‘‘(D) The Committee on the Judiciary of the 

21 Senate. 

22 ‘‘(E) The Select Committee on Intelligence of 

23 the Senate. 

24 ‘‘(F) The Committee on the Judiciary of the 

25 House of Representatives. 
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1 ‘‘(G) The Permanent Select Committee on In2 telligence of the House of Representatives.’’. 

3 (b) REPORTING REQUIREMENTS.—(1) The Foreign 

4 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

5 seq.) is further amended—

6 (A) by redesignating title VI as title VII, and 

7 section 601 as section 701, respectively; and 

8 (B) by inserting after title V the following new 

9 title: 

10 ‘‘TITLE VI—PUBLIC REPORTING REQUIREMENT 

11 ‘‘PUBLIC REPORT OF THE ATTORNEY GENERAL

12 ‘‘SEC. 601. In addition to the reports required by sec13 tions 107, 108, 306, 406, and 502, in April of each year, 

14 the Attorney General shall issue a public report setting 

15 forth with respect to the preceding calendar year—

16 ‘‘(1) the aggregate number of United States 

17 persons targeted for orders issued under this Act, 

18 including those targeted for—

19 ‘‘(A) electronic surveillance under section 

20 105; 

21 ‘‘(B) physical searches under section 304; 

22 ‘‘(C) pen registers under section 402; and 

23 ‘‘(D) access to records under section 501; 
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1 ‘‘(2) the aggregate number of applications 

2 under each section referred to in paragraph (1) for 

3 orders issued under that section—

4 ‘‘(A) with respect only to United States 

5 persons, and 

6 ‘‘(B) with respect to all persons without re7 gard to nationality; 

8 ‘‘(3) the number of times that the Attorney 

9 General has authorized that information obtained 

10 under such sections or any information derived 

11 therefrom may be used in a criminal proceeding; 

12 ‘‘(4) the number of times that a statement was 

13 completed pursuant to section 106(b), 305(c), or 

14 405(b) to accompany a disclosure of information ac15 quired under this Act for law enforcement purposes; 

16 and 

17 ‘‘(5) in a manner consistent with the protection 

18 of the national security of the United States—

19 ‘‘(A) the portions of the documents and 

20 applications filed with the courts established 

21 under section 103 that include significant con22 struction or interpretation of the provisions of 

23 this Act or any provision of the United States 

24 Constitution, not including the facts of any par25 ticular matter, which may be redacted;
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1 ‘‘(B) the portions of the opinions and or2 ders of the courts established under section 103 

3 that include significant construction or interpre4 tation of the provisions of this Act or any provi5 sion of the United States Constitution, not in6 cluding the facts of any particular matter, 

7 which may be redacted; and 

8 ‘‘(C) in the first report submitted under 

9 this section, the matters specified in subpara10 graphs (A) and (B) for all documents and ap11 plications filed with the courts established 

12 under section 103, and all otherwise unpub13 lished opinions and orders of that court, for the 

14 4 years before the preceding calendar year in 

15 addition to that year.’’. 

16 (2) The table of contents for that Act is amended 

17 by striking the items for title VI and inserting the fol18 lowing new items:

‘‘TITLE VI—PUBLIC REPORTING REQUIREMENT 

‘‘Sec. 601. Public report of the Attorney General. 

‘‘TITLE VII—EFFECTIVE DATE 

‘‘Sec. 701. Effective date.’’.

19 SEC. 3. ADDITIONAL IMPROVEMENTS OF CONGRESSIONAL 

20 OVERSIGHT OF SURVEILLANCE ACTIVITIES. 

21 (a) TITLE 18, UNITED STATES CODE.—Section 

22 2709(e) of title 18, United States Code, is amended by 
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1 adding at the end the following new sentence: ‘‘The infor2 mation shall include a separate statement of all such re3 quests made of institutions operating as public libraries 

4 or serving as libraries of secondary schools or institutions 

5 of higher education.’’. 

6 (b) RIGHT TO FINANCIAL PRIVACY ACT OF 1978.—

7 Section 1114(a)(5)(C) of the Right to Financial Privacy 

8 Act of 1978 (12 U.S.C. 3414(a)(5)(C)) is amended to read 

9 as follows: 

10 ‘‘(C)(i) On a semiannual basis the Attorney General 

11 shall fully inform the congressional intelligence commit12 tees, the Committee on the Judiciary of the House of Rep13 resentatives, and the Committee on the Judiciary of the 

14 Senate concerning all requests made pursuant to this 

15 paragraph. 

16 ‘‘(ii) In the case of the semiannual reports required 

17 to be submitted under clause (i) to the congressional intel18 ligence committees, the submittal dates for such reports 

19 shall be as provided in section 507 of the National Secu20 rity Act of 1947. 

21 ‘‘(iii) In this subparagraph, the term ‘congressional 

22 intelligence committees’ has the meaning given that term 

23 in section 3 of the National Security Act of 1947 (50 

24 U.S.C. 401a).’’. 
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1 (c) FAIR CREDIT REPORTING ACT.—Section 

2 625(h)(1) of the Fair Credit Reporting Act (15 U.S.C. 

3 1681u(h)(1)), as amended by section 811(b)(8)(B) of the 

4 Intelligence Authorization Act for Fiscal Year 2003 (Pub5 lic Law 107–306), is further amended—

6 (1) by striking ‘‘and the Committee on Bank7 ing, Finance and Urban Affairs of the House of 

8 Representatives’’ and inserting ‘‘, the Committee on 

9 Financial Services, and the Committee on the Judi10 ciary of the House of Representatives’’; and 

11 (2) by striking ‘‘and the Committee on Bank12 ing, Housing, and Urban Affairs of the Senate’’ and 

13 inserting ‘‘, the Committee on Banking, Housing, 

14 and Urban Affairs, and the Committee on the Judi15 ciary of the Senate’’.

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