S 113 · 108th Congress 2003–2005, ended

Foreign Intelligence Surveillance bill

Official title 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.

Latest action · Jun 25, 2003 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 9, 2003
  2. Passed SenateMay 8, 2003
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to extend the meaning of "agent of a foreign power" to any person, other than a U.S. person, that engages in international terrorism or activities in preparation for them (regardless of whether affiliated with groups engaging in such terrorism or activities), for purposes of securing FISA warrants authorizing the electronic surveillance of communications between and among foreign powers.

Requires the Attorney General to report annually to the appropriate congressional committees on: (1) the aggregate number of non-U.S. persons targeted for FISA orders, including a break-down of those targeted for electronic surveillance, physical searches, pen registers, and access to records; (2) the number of individuals covered by a FISA order who were determined to have acted wholly alone in the activities covered by such order; and (3) the number of times that the Attorney General has authorized that information obtained under FISA, or any derivative information, may be used in a criminal proceeding.

Requires the Attorney General also to report annually to the same committees, in a manner consistent with the protection of U.S. national security, on: (1) the portions of the documents and applications filed with the courts established by the Chief Justice of the United States to grant electronic surveillance orders that include significant construction or interpretation of FISA provisions, not including the facts of any particular matter, which may be redacted; and (2) the portions of the opinions and orders of such courts that include significant construction or interpretation of such provisions.

Requires the first such reports to be filed within six months after enactment of this Act.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 146Bill Passed90–4May 8, 2003

Cosponsors 8

Members who signed on, in the order they did. Signatures ran from Jan 9, 2003 to May 5, 2003; 3 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-NYCharles E. SchumerOriginalJan 9, 2003
R-OHMike DeWineOriginalJan 9, 2003
R-UTOrrin G. HatchOriginalJan 9, 2003
R-GASaxby ChamblissJan 28, 2003
R-ALJeff SessionsFeb 6, 2003
R-TXJohn CornynMay 5, 2003
D-DEJoseph R. Biden Jr.May 5, 2003
R-IDLarry E. CraigMay 5, 2003

Committees 4

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateJudiciary Committee
Referred Jan 9, 2003Markup Mar 6, 2003Reported Mar 11, 2003
SenateIntelligence (Select) Committee
Referred May 8, 2003Discharged May 8, 2003
HouseJudiciary Committee
Referred May 9, 2003
Crime and Federal Government Surveillance Subcommittee
Referred Jun 25, 2003
HouseIntelligence (Permanent Select) Committee
Referred May 9, 2003

Actions 15

Everything that happened, newest first.

  1. Jun 25, 2003Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  2. May 9, 2003Message on Senate action sent to the House.
  3. May 9, 2003Received in the House.
  4. May 9, 2003Referred to the Committee on the Judiciary, and in addition to the 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.
  5. May 8, 2003Referred to the Committee on Intelligence pursuant to the order of May 7, 2003.
  6. May 8, 2003Senate Committee on Intelligence discharged. pursuant to the order of May 7, 2003.
  7. May 8, 2003Measure laid before Senate by unanimous consent. (consideration: CR S5899-5907, S5913-5928; text of measure as reported in Senate: CR S5899)
  8. May 8, 2003The committee substitute as amended agreed to by Unanimous Consent.
  9. May 8, 2003Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Yea-Nay Vote. 90 - 4. Record Vote Number: 146.
  10. Apr 29, 2003By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-40. Additional views filed.
  11. Mar 11, 2003Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.
  12. Mar 11, 2003Placed on Senate Legislative Calendar under General Orders. Calendar No. 32.
  13. Mar 6, 2003Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
  14. Jan 9, 2003Introduced in Senate
  15. Jan 9, 2003Read twice and referred to the Committee on the Judiciary.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateExcerpts S11994Jon Kyl R-AZDec 8, 2004
SenateDebate and remarks S5899–S5906, S5913–S5928Text printed S5899Amendments S5913, S5914, S5974Recorded votes S5925, S5928Feinstein amendment (substitute)exclude U.S. personsBarbara Boxer D-CA (amendment), Charles E. Schumer D-NY, Christopher J. Dodd D-CT (amendment), Dianne Feinstein D-CA (amendment), John D. Rockefeller IV D-WV (amendment), John Edwards D-NC (amendment), Jon Kyl R-AZ, Joseph R. Biden Jr. D-DE, Orrin G. Hatch R-UT, Patrick J. Leahy D-VT (amendment), Ron Wyden D-OR (amendment), Russell D. Feingold D-WI (amendment)May 8, 2003
SenateDebate and remarks S5838Mitch McConnell R-KYMay 7, 2003

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
—ANTI-TERRORISM INTELLIGENCE TOOLS IMPROVEMENT ACT OF 2003103 pagesJudiciary CommitteeMay 18, 2004

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

Amendments 2

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 536To establish additional annual reporting requirements on activities under the Foreign Intelligence Surveillance Act of 1978.Russell D. Feingold D-WIAmendment SA 536 agreed to in Senate by Unanimous Consent.
SA 537In the nature of a substitute.Dianne Feinstein D-CAAmendment SA 537 not agreed to in Senate by Yea-Nay Vote. 35 - 59. Record Vote Number: 145.

Related bills 2

Companion bills and other measures the record links to this one.

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to exclude United States persons from the definition of "foreign power" under the Foreign Intelligence Surveillance Act of 1978 relating to international terrorism.
Official Titles as Amended by Senate
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.
Popular Titles
Foreign Intelligence Surveillance bill

Subjects

Assigned by the Library of Congress. Policy area: Armed Forces and National Security.

Text 4

Each version as it was printed, newest first.

  1. May 9, 2003Referred in House
  2. May 8, 2003Engrossed in Senate
  3. Mar 11, 2003Reported to Senate
  4. Jan 9, 2003Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.