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] ...
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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