I 

108TH CONGRESS 

1ST SESSION H. R. 3552

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2003

Mr. KING of New York introduced the following bill; which was referred to 

the Committee on the Judiciary, and in addition to the Select Committee 

on Intelligence (Permanent Select), 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 cover individuals, other than United States persons, 

who engage in international terrorism without affiliation 

with an international terrorist group.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. TREATMENT AS AGENT OF A FOREIGN POWER 

2 UNDER FOREIGN INTELLIGENCE SURVEIL3 LANCE ACT OF 1978 OF NON-UNITED STATES 

4 PERSONS WHO ENGAGE IN INTERNATIONAL 

5 TERRORISM WITHOUT AFFILIATION WITH 

6 INTERNATIONAL TERRORIST GROUPS. 

7 (a) IN GENERAL.—Section 101(b)(1) of the Foreign 

8 Intelligence Surveillance Act of 1978 (50 U.S.C. 

9 1801(b)(1)) is amended by adding at the end the following 

10 new subparagraph: 

11 ‘‘(C) engages in international terrorism or 

12 activities in preparation therefor; or’’. 

13 (b) SUNSET.—The amendment made by subsection 

14 (a) shall be subject to the sunset provision in section 224 

15 of the USA PATRIOT Act of 2001 (Public Law 107–56; 

16 115 Stat. 295), including the exception provided in sub17 section (b) of such section 224. 

18 SEC. 2. ADDITIONAL ANNUAL REPORTING REQUIREMENTS 

19 UNDER THE FOREIGN INTELLIGENCE SUR20 VEILLANCE ACT OF 1978. 

21 (a) ADDITIONAL REPORTING REQUIREMENTS.—The 

22 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

23 1801 et seq.) is amended—

24 (1) by redesignating—

25 (A) title VI as title VII; and 

26 (B) section 601 as section 701; and 
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1 (2) by inserting after title V the following new 

2 title VI: 

3 ‘‘TITLE VI—REPORTING REQUIREMENT 

4 ‘‘ANNUAL REPORT OF THE ATTORNEY GENERAL

5 ‘‘SEC. 601. (a) In addition to the reports required 

6 by sections 107, 108, 306, 406, and 502 in April each 

7 year, the Attorney General shall submit to the appropriate 

8 committees of Congress each year a report setting forth 

9 with respect to the one-year period ending on the date of 

10 such report—

11 ‘‘(1) the aggregate number of non-United 

12 States persons targeted for orders issued under this 

13 Act, including a break-down of those targeted for—

14 ‘‘(A) electronic surveillance under section 

15 105; 

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

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

18 ‘‘(D) access to records under section 501; 

19 ‘‘(2) the number of individuals covered by an 

20 order issued under this Act who were determined 

21 pursuant to activities authorized by this Act to have 

22 acted wholly alone in the activities covered by such 

23 order; 

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

25 General has authorized that information obtained 
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1 under this Act may be used in a criminal proceeding 

2 or any information derived therefrom may be used 

3 in a criminal proceeding; and 

4 ‘‘(4) in a manner consistent with the protection 

5 of the national security of the United States—

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

7 applications filed with the courts established 

8 under section 103 that include significant con9 struction or interpretation of the provisions of 

10 this Act, not including the facts of any par11 ticular matter, which may be redacted; 

12 ‘‘(B) the portions of the opinions and or13 ders of the courts established under section 103 

14 that include significant construction or interpre15 tation of the provisions of this Act, not includ16 ing the facts of any particular matter, which 

17 may be redacted. 

18 ‘‘(b) The first report under this section shall be sub19 mitted not later than six months after the date of the en20 actment of this Act. Subsequent reports under this section 

21 shall be submitted annually thereafter. 

22 ‘‘(c) In this section, the term ‘appropriate committees 

23 of Congress’ means—

24 ‘‘(1) the Select Committee on Intelligence and 

25 the Committee on the Judiciary of the Senate; and 
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1 ‘‘(2) the Permanent Select Committee on Intel2 ligence and the Committee on the Judiciary of the 

3 House of Representatives.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 for that Act is amended by striking the items relating to 

6 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.’’.

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