00319-Safe Act

O:\MDM\MDM03.802 S.L.C.
108TH CONGRESS
1ST SESSION
S.
IN THE SENATE OF THE UNITED STATES
Mr. CRAIG (for himself, Mr. DURBIN, Mr. CRAPO, Mr. FEINGOLD, Mr.
SUNUNU, Mr. WYDEN, and Mr. BINGAMAN) introduced the following bill;
which was read twice and referred to the Committee on
A BILL
To amend the USA PATRIOT ACT to place reasonable
limitations on the use of surveillance and the issuance
of search warrants, and for other purposes.
1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Security and Freedom

5 Ensured Act of 2003’’ or the ‘‘SAFE Act’’.
2
1 SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOR-
2 EIGN INTELLIGENCE SURVEILLANCE ACT OF
3 1978.
4 Section 105(c) of the Foreign Intelligence Surveil-

5 lance Act of 1978 (50 U.S.C. 1805(c)) is amended—
6 (1) in paragraph (1), by striking subparagraphs
7 (A) and (B) and inserting the following:
8 ‘‘(A)(i) the identity of the target of elec-
9 tronic surveillance, if known; or
10 ‘‘(ii) if the identity of the target is not
11 known, a description of the target and the na-
12 ture and location of the facilities and places at
13 which the electronic surveillance will be di-
14 rected;
15 ‘‘(B)(i) the nature and location of each of
16 the facilities or places at which the electronic
17 surveillance will be directed, if known; and
18 ‘‘(ii) if any of the facilities or places are
19 unknown, the identity of the target;’’; and
20 (2) in paragraph (2)—
21 (A) by redesignating subparagraphs (B)
22 through (D) as subparagraphs (C) through (E),
23 respectively; and
24 (B) by inserting after subparagraph (A),
25 the following:
3
1 ‘‘(B) in cases where the facility or place at
2 which the surveillance will be directed is not
3 known at the time the order is issued, that the
4 surveillance be conducted only when the pres-
5 ence of the target at a particular facility or
6 place is ascertained by the person conducting
7 the surveillance;’’.
8 SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF
9 SEARCH WARRANTS.
10 (a) IN GENERAL.—Section 3103a of title 18, United

11 States Code, is amended—
12 (1) in subsection (b)—
13 (A) in paragraph (1), by striking ‘‘may
14 have an adverse result (as defined in section
15 2705)’’ and inserting ‘‘will—
16 ‘‘(A) endanger the life or physical safety of
17 an individual;
18 ‘‘(B) result in flight from prosecution; or
19 ‘‘(C) result in the destruction of, or tam-
20 pering with, the evidence sought under the war-
21 rant’’; and
22 (B) in paragraph (3), by striking ‘‘within
23 a reasonable period’’ and all that follows and
24 inserting ‘‘not later than 7 days after the execu-
25 tion of the warrant, which period may be ex-
4
1 tended by the court for an additional period of
2 not more than 7 days each time the court finds
3 reasonable cause to believe, pursuant to a re-
4 quest by the Attorney General, the Deputy At-
5 torney General, or an Associate Attorney Gen-
6 eral, that notice of the execution of the warrant
7 will—
8 ‘‘(A) endanger the life or physical safety of
9 an individual;
10 ‘‘(B) result in flight from prosecution; or
11 ‘‘(C) result in the destruction of, or tam-
12 pering with, the evidence sought under the war-
13 rant.’’; and
14 (2) by adding at the end the following:
15 ‘‘(c) REPORTS.—
16 ‘‘(1) IN GENERAL.—Every 6 months, the Attor-
17 ney General shall submit a report to Congress sum-
18 marizing, with respect to warrants under subsection
19 (b), the requests made by the Department of Justice
20 for delays of notice and extensions of delays of no-
21 tice during the previous 6-month period.
22 ‘‘(2) CONTENTS.—Each report submitted under
23 paragraph (1) shall include, for the preceding 6-
24 month period—
5
1 ‘‘(A) the number of requests for delays of
2 notice with respect to warrants under sub-
3 section (b), categorized as granted, denied, or
4 pending; and
5 ‘‘(B) for each request for delayed notice
6 that was granted, the number of requests for
7 extensions of the delay of notice, categorized as
8 granted, denied, or pending.
9 ‘‘(3) PUBLIC AVAILABILITY.—The Attorney
10 General shall make the report submitted under para-
11 graph (1) available to the public.’’.
12 (b) SUNSET PROVISION.—
13 (1) IN GENERAL.—Subsections (b) and (c) of
14 section 3103a of title 18, United States Code, shall
15 cease to have effect on December 31, 2005.
16 (2) EXCEPTION.—With respect to any par-
17 ticular foreign intelligence investigation that began
18 before the date on which the provisions referred to
19 in paragraph (1) cease to have effect, or with re-
20 spect to any particular offense or potential offense
21 that began or occurred before the date on which the
22 provisions referred to in paragraph (1) cease to have
23 effect, such provisions shall continue in effect.
6
1 SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOK-
2 SELLER, AND OTHER PERSONAL RECORDS
3 UNDER FOREIGN INTELLIGENCE SURVEIL-
4 LANCE ACT OF 1978.
5 (a) APPLICATIONS FOR ORDERS.—Section 501(b)(2)

6 of the Foreign Intelligence Surveillance Act of 1978 (50
7 U.S.C. 1861(b)(2)) is amended—
8 (1) by striking ‘‘shall specify that the records’’
9 and inserting ‘‘shall specify that—
10 ‘‘(A) the records’’; and
11 (2) by striking the period at the end and insert-
12 ing the following: ‘‘; and
13 ‘‘(B) there are specific and articulable
14 facts giving reason to believe that the person to
15 whom the records pertain is a foreign power or
16 an agent of a foreign power.’’.
17 (b) ORDERS.—Section 501(c)(1) of the Foreign Intel-
18 ligence Surveillance Act of 1978 (50 U.S.C. 1861(c)(1))
19 is amended by striking ‘‘finds that’’ and all that follows
20 and inserting ‘‘finds that—
21 ‘‘(A) there are specific and articulable
22 facts giving reason to believe that the person to
23 whom the records pertain is a foreign power or
24 an agent of a foreign power; and
25 ‘‘(B) the application meets the other re-
26 quirements of this section.’’.
7
1 (c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF
2 RECORDS.—Section 502(a) of the Foreign Intelligence

3 Surveillance Act of 1978 (50 U.S.C. 1862) is amended
4 to read as follows:
5 ‘‘(a) On a semiannual basis, the Attorney General
6 shall, with respect to all requests for the production of
7 tangible things under section 501, fully inform—
8 ‘‘(1) the Select Committee on Intelligence of the
9 Senate;
10 ‘‘(2) the Committee on the Judiciary of the
11 Senate;
12 ‘‘(3) the Permanent Select Committee on Intel-
13 ligence of the House of Representatives; and
14 ‘‘(4) the Committee on the Judiciary of the
15 House of Representatives.’’.
16 SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT
17 LIBRARIES UNDER NATIONAL SECURITY AU-
18 THORITY.
19 Section 2709 of title 18, United States Code, is

20 amended—
21 (1) in subsection (a)—
22 (A) by striking ‘‘A wire’’ and inserting the
23 following:
24 ‘‘(1) IN GENERAL.—A wire’’; and
25 (B) by adding at the end the following:
8
1 ‘‘(2) EXCEPTION.—A library shall not be treat-
2 ed as a wire or electronic communication service pro-
3 vider for purposes of this section.’’; and
4 (2) by adding at the end the following:
5 ‘‘(f) DEFINED TERM.—In this section, the term ‘li-
6 brary’ means a library (as that term is defined in section
7 213(2) of the Library Services and Technology Act (20
8 U.S.C. 9122(2)) whose services include access to the
9 Internet, books, journals, magazines, newspapers, or other
10 similar forms of communication in print or digitally to pa-
11 trons for their use, review, examination, or circulation.’’.
12 SEC. 6. EXTENSION OF PATRIOT SUNSET PROVISION.
13 Section 224(a) of the USA PATRIOT ACT (18

14 U.S.C. 2510 note) is amended—
15 (1) by striking ‘‘213, 216, 219,’’; and
16 (2) by inserting ‘‘and section 505’’ after ‘‘by
17 those sections)’’.

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O:\MDM\MDM03.802 S.L.C.

IN THE SENATE OF THE UNITED STATES

1 Be it enacted by the Senate and House of Representa-

4 This Act may be cited as the ‘‘Security and Freedom

2 EIGN INTELLIGENCE SURVEILLANCE ACT OF

4 Section 105(c) of the Foreign Intelligence Surveil-

10 (a) IN GENERAL.—Section 3103a of title 18, United

2 SELLER, AND OTHER PERSONAL RECORDS

3 UNDER FOREIGN INTELLIGENCE SURVEIL-

4 LANCE ACT OF 1978.

5 (a) APPLICATIONS FOR ORDERS.—Section 501(b)(2)

2 RECORDS.—Section 502(a) of the Foreign Intelligence

17 LIBRARIES UNDER NATIONAL SECURITY AU-

19 Section 2709 of title 18, United States Code, is

13 Section 224(a) of the USA PATRIOT ACT (18

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