Home > 108th Congressional Bills > S. 1553 (is) To amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged in organized retail theft. [Introduced in Senate] ...

S. 1553 (is) To amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged in organized retail theft. [Introduced in Senate] ...


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108th CONGRESS
  1st Session
                                S. 1552

  To amend title 18, United States Code, and the Foreign Intelligence 
 Surveillance Act of 1978 to strengthen protections of civil liberties 
 in the exercise of the foreign intelligence surveillance authorities 
               under Federal law, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 31 (legislative day, July 21), 2003

  Ms. Murkowski (for herself and Mr. Wyden) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, and the Foreign Intelligence 
 Surveillance Act of 1978 to strengthen protections of civil liberties 
 in the exercise of the foreign intelligence surveillance authorities 
               under Federal law, 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 ``Protecting the Rights of Individuals 
Act''.

SEC. 2. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.

    Section 3103a of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``a criminal offense in violation of the laws 
                of the United States'' and inserting ``an act dangerous 
                to human life that constitutes a Federal crime of 
                terrorism (as that term is defined in section 
                2332b(g)(5) of this title)'';
                    (B) in paragraph (1), by striking ``may have an 
                adverse result (as defined in section 2705)'' and 
                inserting ``will endanger the life or physical safety 
                of an individual, result in flight from prosecution, or 
                result in the destruction of or tampering with the 
                evidence sought under the warrant''; and
                    (C) in paragraph (3), by striking ``a reasonable 
                period'' and all that follows and inserting ``seven 
                calendar days, which period, upon application of the 
                Attorney General, the Deputy Attorney General, or an 
                Associate Attorney General, may thereafter be extended 
                by the court for additional periods of up to seven 
                calendar days each if the court finds, for each 
                application, reasonable cause to believe that notice of 
                the execution of the warrant will endanger the life or 
                physical safety of an individual.''; and
            (2) by adding at the end the following new subsection:
    ``(c) Reports.--(1) On a semiannual basis, the Attorney General 
shall transmit to Congress and make public a report concerning all 
requests for delays of notice, and for extensions of delays of notice, 
with respect to warrants under subsection (b).
    ``(2) Each report under paragraph (1) shall include, with respect 
to the preceding six-month period--
            ``(A) the total number of requests for delays of notice 
        with respect to warrants under subsection (b);
            ``(B) the total number of such requests granted or denied; 
        and
            ``(C) for each request for delayed notice that was granted, 
        the total number of applications for extensions of the delay of 
        notice and the total number of such extensions granted or 
        denied.''.

SEC. 3. MODIFICATION OF DEFINITION OF DOMESTIC TERRORISM.

    (a) Modification.--Section 2331(5) of title 18, United States Code, 
is amended--
            (1) by striking subparagraphs (A) and (B) and inserting the 
        following new subparagraph (A):
                    ``(A) involve acts dangerous to human life that 
                constitute a Federal crime of terrorism (as that term 
                is defined in section 2332b(g)(5) of this title); 
                and''; and
            (2) by redesignating subparagraph (C) as subparagraph (B).
    (b) Construction.--Nothing in section 2331 of title 18, United 
States Code, shall be construed to prohibit a State from enforcing the 
laws of the State relating to terrorism.

SEC. 4. ENHANCEMENT OF PROTECTION OF BUSINESS RECORDS AND MATERIALS 
              PROTECTED BY THE FIRST AMENDMENT FROM ACCESS FOR FOREIGN 
              INTELLIGENCE SURVEILLANCE PURPOSES.

    (a) Access Under Foreign Intelligence Surveillance Act of  1978.--
Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861) is amended--
            (1) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) shall include a statement of the facts and 
        circumstances relied upon by the applicant to justify the 
        applicant's belief that the person to whom the records pertain 
        is a foreign power or an agent of a foreign power.''; and
            (2) in subsection (c)(1), by striking ``finds'' and all 
        that follows and inserting ``finds--
            ``(A)(i) unless clause (ii) applies, that on the basis of 
        the facts submitted by the applicant there is reason to believe 
        that the person to whom the records pertain is a foreign power 
        or an agent of a foreign power; or
            ``(ii) in the case of medical records or library records 
        and other records involving the purchase or rental of books, 
        video, or music, or the accessing of legal and publicly 
        available content through the Internet, that on the basis of 
        the facts submitted by the applicant there is probable cause to 
        believe that the person to whom the records pertain is a 
foreign power or an agent of a foreign power; and
            ``(B) that the application meets the other requirements of 
        this section.''.
    (b) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``A wire or 
                electronic communication service provider''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) A library shall not be treated as a wire or electronic 
communication service provider for purposes of this section.''; and
            (2) by adding at the end the following new subsection:
    ``(f) Library Defined.--In this section, the term `library' means a 
library (as that term is defined in section 213(2) of the Library 
Services and Technology Act (20 U.S.C. 9122(2)) whose services include 
access to the Internet, books, journals, magazines, newspapers, or 
other similar forms of communication in print or digitally to patrons 
for their use, review, examination, or circulation.''.

SEC. 5. ELIMINATION OF JOHN DOE ROVING WIRETAPS UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon the following: ``, however, if the identity 
                is unknown, a facility or place shall be specified''; 
                and
                    (B) in subparagraph (B), by inserting before the 
                semicolon the following: ``, however, if the facility 
                or place is unknown, the identity of the target shall 
                be specified''; and
            (2) in paragraph (2)(A), by inserting before the semicolon 
        the following: ``, and, in cases where the facility or place at 
        which the surveillance is to be directed is not known at the 
        time the order is issued, that the surveillance be conducted 
        only when the presence of the target at a particular facility 
        or place has been ascertained by the person conducting the 
        surveillance''.

SEC. 6. CLARIFICATION OF USE OF PEN REGISTERS AND TRAP AND TRACE 
              DEVICES FOR CRIMINAL INVESTIGATION PURPOSES.

    (a) Application for Order.--Section 3122(b)(2) of title 18, United 
States Code, is amended to read as follows:
            ``(2) a statement by the applicant of specific and 
        articulable facts that indicate that a crime has been, is 
        being, or will be committed, and that information likely to be 
        obtained by such installation and use is relevant to the 
        investigation of that crime.''.
    (b) Issuance of Order.--(1) Section 3123(a)(1) of that title is 
amended by striking ``the attorney for the Government has certified to 
the court that the information likely to be obtained by such 
installation and use is relevant to an ongoing criminal 
investigation.'' and inserting ``there exist specific and articulable 
facts that reasonably indicate that a crime has been, is being, or will 
be committed, and that information likely to be obtained by such 
installation and use is relevant to the investigation of that crime.''.
    (2) Section 3123(a)(2) of that title is amended by striking ``the 
State law enforcement or investigative officer has certified to the 
court that the information likely to be obtained by such installation 
and use is relevant to an ongoing criminal investigation.'' and 
inserting ``there exist specific and articulable facts that reasonably 
indicate that a crime has been, is being, or will be committed, and 
that information likely to be obtained by such installation and use is 
relevant to the investigation of that crime.''.
    (c) Clarification of Internet Content Accessible.--Section 3121(c) 
of that title is amended--
            (1) by inserting ``(1)'' before ``A government agency''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(2) For purposes of paragraph (1), the contents of Internet 
electronic communications include the subject line of such 
communications and any portion of a Uniform Resource Identifier (URI) 
other than the server name and top level domain.''.

SEC. 7. MORATORIUM ON DATA-MINING.

    (a) Moratorium.--No officer or employee of any department or agency 
of the Federal Government may take any action to implement or carry out 
any data-mining program or activity except pursuant to a law 
specifically authorizing such data-mining program or activity by such 
department or agency.
    (b) Report of Development or Use of Data-Mining.--(1) The head of 
each department or agency of the Federal Government that engages or 
plans to engage in any activities relating to the development or use of 
a data-mining program or activity shall submit to Congress, and make 
available to the public, a report on such activities.
    (2) A report under paragraph (1) shall include, for each activity 
relating to the development or use of a data-mining program or 
activity, information as follows:
            (A) A thorough description of the data-mining program or 
        activity concerned.
            (B) A thorough discussion of the plans for the use of the 
        data-mining program or activity, or of any technology relating 
        to such program or activity.
            (C) A thorough discussion of the policies, procedures, and 
        guidelines that are to be applied in the use of such data-
        mining program or activity, or of any technology relating to 
        such program or activity, for data-mining in order to--
                    (i) protect the privacy rights of individuals; and
                    (ii) ensure that only accurate, complete, and 
                timely information is collected.
    (3)(A) In the case of a department or agency of the Federal 
Government that is engaged in activities described in paragraph (1) as 
of the date of the enactment of this Act, the report under paragraph 
(1) on such activities shall be submitted not later than 90 days after 
the date of enactment of this Act.
    (B) In the case of a department or agency of the Federal Government 
that plans to commence activities described in paragraph (1) after the 
date of the enactment of this Act, the report under paragraph (1) on 
such activities shall be submitted not later than 90 days after the 
department or agency commences planning for such activities.
    (c) Definitions.--In this section:
            (1) The term ``data-mining'' means a query or search of one 
        or more electronic databases by or at the behest of a 
        department or agency of the Federal Government in which--
                    (A) at least one of the databases is obtained from 
                or remains under the control of a non-Federal entity, 
                or the information in at least one database was 
                acquired initially by another department or agency of 
                the Federal Government for purposes other than 
                intelligence or law enforcement;
                    (B) the search does not use the personal 
                identifiers of a particular individual to acquire 
                information concerning that individual; and
                    (C) the department or agency is conducting the 
                search in an effort to find evidence of a pattern 
                indicating possible terrorist or other criminal 
                activity.
            (2)(A) The term ``database'' means a collection or grouping 
        of information about individuals that is held in electronic 
        form and that contains personally identifiable information 
        about individuals, such as names, or identifying numbers, 
        symbols or other identifying particulars assigned to 
        individuals, such as fingerprints, voice prints, or 
        photographs.
            (B) The term does not include telephone directories or 
        information publicly available over the Internet without 
        payment of a fee.

SEC. 8. PUBLIC REPORTING REQUIREMENT UNDER FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    (a) Public Reporting Requirement.--(1) The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et. seq.) is amended--
            (A) by redesignating title VI and section 601 as title VII 
        and 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 each year a public report setting forth with respect to the 
preceding calendar year--
            ``(1) the total number of orders and extensions of orders 
        under this Act that were granted, modified, or denied, 
        including those approving--
                    ``(A) electronic surveillance under section 105;
                    ``(B) physical searches under section 304;
                    ``(C) pen registers or trap and trace devices under 
                section 402; and
                    ``(D) access to records under section 501;
            ``(2)(A) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 501 to be served on public media; and
            ``(B) the total number of such orders either granted, 

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