[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1552 Introduced in Senate (IS)]

  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, 
        modified, or denied;
            ``(3) the number of United States persons targeted for 
        orders under this Act, including those targeted for--
                    ``(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;
            ``(4) the number of times that the Attorney General 
        authorized that information obtained under the provisions of 
        law referred to in paragraph (3), or any information derived 
        therefrom, be used in a criminal proceeding;
            ``(5) the number of times that a statement was completed 
        pursuant to section 106(b), 305(c), or 405(b) to accompany a 
        disclosure of information acquired under this Act for law 
        enforcement purposes; and
            ``(6) in a manner consistent with the protection of the 
        national security of the United States--
                    ``(A) the portions of the documents and 
                applications filed with the court established under 
                section 103 that include significant construction or 
                interpretation of the provisions of this Act, or any 
                provision of the United States Constitution, not 
                including the facts of any particular matter, which may 
                be redacted;
                    ``(B) the portions of the opinions and orders of 
                the court established under section 103 that include 
                significant construction or interpretation of the 
                provisions of this Act, or any provision of the United 
                States Constitution, not including the facts of any 
                particular matter, which may be redacted; and
                    ``(C) in the first report submitted under this 
                section, the matters specified in subparagraphs (A) and 
                (B) for all documents and applications filed with the 
                court established under section 103, and all otherwise 
                unpublished opinions and orders of the court, for the 
                four years before the preceding calendar year in 
                addition to that year.''.
    (2) The table of contents for that Act is amended by striking the 
items relating to title VI and section 601 and inserting the following:

                ``TITLE VI--PUBLIC REPORTING REQUIREMENT

        ``Sec. 601. Public report of the Attorney General.
                      ``TITLE VII--EFFECTIVE DATE

        ``Sec. 701. Effective date.''.
    (b) Modification of Reporting Requirements to Congress.--(1) 
Section 107 of that Act (50 U.S.C. 1807) is amended--
            (A) by redesignating clause (a) paragraph (1);
            (B) in paragraph (1), as so redesignated, by striking 
        ``and'' at the end; and
            (C) by striking clause (b) and inserting the following new 
        paragraphs:
            ``(2) the total number of initial orders for electronic 
        surveillance either granted, modified, or denied;
            ``(3) the total number of extensions of orders for 
        electronic surveillance either granted, modified, or denied; 
        and
            ``(4) the total number of United States persons to whom 
        such orders or extensions that were granted pertain.''.
    (2) Section 406(b) of such Act (50 U.S.C. 1846(b)) is amended--
            (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) the total number of United States persons to whom 
        such orders that were granted or modified pertain.''.
    (3) Section 502(b) of such Act (50 U.S.C. 1862(b)) is amended--
            (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) the total number of United States persons to whom 
        such orders that were granted or modified pertain, or in cases 
        where the order does not name a specific person whose records 
        are being sought, an estimate of the total number of persons to 
        whom records being sought pertain.''.

SEC. 9. APPLICATION OF DISCOVERY PROCEDURES TO EVIDENCE USED IN COURT 
              PROCEEDINGS.

    (a) Electronic Surveillance.--Section 106(f) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(f)) is amended--
            (1) in the first sentence--
                    (A) by striking ``or an adversary hearing''; and
                    (B) by striking ``and ex parte''; and
            (2) by striking the last sentence and inserting the 
        following new sentence: ``In making this determination, the 
        court shall, if otherwise discoverable, disclose to the 
        aggrieved person, under the procedures and standards provided 
        in the Classified Information Procedures Act (18 U.S.C. App.), 
        portions of the application, order, or other materials relating 
        to the surveillance unless the court finds that such disclosure 
        would not assist in determining any legal or factual issue 
        pertinent to the case.''.
    (b) Physical Searches.--Section 305(g) of that Act (50 U.S.C. 
1825(g)) is amended--
            (1) in the first sentence--
                    (A) by striking ``or an adversary hearing''; and
                    (B) by striking ``and ex parte''; and
            (2) by striking the last sentence and inserting the 
        following new sentence: ``In making this determination, the 
        court shall, if otherwise discoverable, disclose to the 
        aggrieved person, under the procedures and standards provided 
        in the Classified Information Procedures Act (18 U.S.C. App.), 
        portions of the application, order, or other materials relating 
        to the physical search, or may require the Attorney General to 
        provide to the aggrieved person a summary of such materials, 
        unless the court finds that such disclosure would not assist in 
        determining any legal or factual issue pertinent to the 
        case.''.
    (c) Pen Register and Trap and Trace Devices.--Section 405(f) of 
that Act (50 U.S.C. 1845(f)) is amended by striking paragraph (2) and 
inserting the following new paragraph (2):
    ``(2) Unless the court finds that such disclosure would not assist 
in determining any legal or factual issue pertinent to the case, the 
court shall, if otherwise discoverable, disclose to the aggrieved 
person, under the procedures and standards provided in the Classified 
Information Procedures Act (18 U.S.C. App.), portions of the 
application, order, or other materials relating to the use of pen 
register or trap and trace device, as the case may be, or evidence or 
information obtained or derived from the use of pen register or trap 
and trace device, as the case may be.''.
    (d) Disclosure of Certain Business Records.--(1) Title V of that 
Act (50 U.S.C. 1861 et seq.) is amended--
            (A) by redesignating section 502 as section 503; and
            (B) by inserting after section 501 the following:

  ``disclosure of certain business records and items governed by the 
                 classified information procedures act

    ``Sec. 502. Any disclosure of applications, information, or items 
submitted or acquired pursuant to an order issued under section 501, if 
such information is otherwise discoverable, shall be conducted under 
the procedures and standards provided in the Classified Information 
Procedures Act (18 U.S.C. App.).''.
    (2) The table of contents for that Act is amended by striking the 
item relating to section 502 and inserting the following new items:

``Sec. 502. Disclosure of certain business records and items governed 
                            by the Classified Information Procedures 
                            Act.
``Sec. 503. Congressional oversight.''.

SEC. 10. FOREIGN INTELLIGENCE INFORMATION.

    Sections 104(a)(7)(B) and 303(a)(7)(B) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)(B), 1823(a)(7)(B)) are 
each amended by striking ``a significant purpose'' and inserting ``the 
primary purpose''.

SEC. 11. DISCLOSURE OF EDUCATION RECORDS.

    (a) Applications for Orders.--Section 444(j)(2)(A) of the General 
Education Provisions Act (20 U.S.C. 1232g(j)(2)(A)) and section 
408(c)(2)(A) of the National Education Statistics Act of 1994 (20 
U.S.C. 9573(e)(2)(A)) are each amended by striking ``certify that there 
are specific and articulable facts giving reason to believe'' and 
inserting ``set forth specific and articulable facts indicating''.
    (b) Issuance of Orders.--Section 444(j)(2)(B) of the General 
Education Provisions Act (20 U.S.C. 1232g(j)(2)(B)) and section 
408(c)(2)(B) of the National Education Statistics Act of 1994 (20 
U.S.C. 9573(e)(2)(B)) are each amended by striking ``the application 
for the order includes the certification described in subparagraph 
(A)'' and inserting ``there are specific and articulable facts giving 
reason to believe that the education records are likely to contain 
information described in paragraph (1)(A)''.
                                 <all>