108th CONGRESS
1st Session
S. 1709
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.
IN THE SENATE OF THE UNITED STATES
October 2, 2003
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 the Judiciary
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.
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 `Security and Freedom Ensured Act of 2003' or
the `SAFE Act'.
SEC. 2. LIMITATION ON 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), by striking subparagraphs (A) and (B) and inserting
the following:
`(A)(i) the identity of the target of electronic surveillance, if known;
or
`(ii) if the identity of the target is not known, a description of the
target and the nature and location of the facilities and places at which
the electronic surveillance will be directed;
`(B)(i) the nature and location of each of the facilities or places at
which the electronic surveillance will be directed, if known; and
`(ii) if any of the facilities or places are unknown, the identity of
the target;'; and
(A) by redesignating subparagraphs (B) through (D) as subparagraphs (C)
through (E), respectively; and
(B) by inserting after subparagraph (A), the following:
`(B) in cases where the facility or place at which the surveillance will
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 is ascertained by the person conducting the surveillance;'.
SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.
(a) IN GENERAL- Section 3103a of title 18, United States Code, is amended--
(A) in paragraph (1), by striking `may have an adverse result (as defined
in section 2705)' and inserting `will--
`(A) endanger the life or physical safety of an individual;
`(B) result in flight from prosecution; or
`(C) result in the destruction of, or tampering with, the evidence sought
under the warrant'; and
(B) in paragraph (3), by striking `within a reasonable period' and all
that follows and inserting `not later than 7 days after the execution
of the warrant, which period may be extended by the court for an additional
period of not more than 7 days each time the court finds reasonable cause
to believe, pursuant to a request by the Attorney General, the Deputy
Attorney General, or an Associate Attorney General, that notice of the
execution of the warrant will--
`(A) endanger the life or physical safety of an individual;
`(B) result in flight from prosecution; or
`(C) result in the destruction of, or tampering with, the evidence sought
under the warrant.'; and
(2) by adding at the end the following:
`(1) IN GENERAL- Every 6 months, the Attorney General shall submit a report
to Congress summarizing, with respect to warrants under subsection (b),
the requests made by the Department of Justice for delays of notice and
extensions of delays of notice during the previous 6-month period.
`(2) CONTENTS- Each report submitted under paragraph (1) shall include,
for the preceding 6-month period--
`(A) the number of requests for delays of notice with respect to warrants
under subsection (b), categorized as granted, denied, or pending; and
`(B) for each request for delayed notice that was granted, the number
of requests for extensions of the delay of notice, categorized as granted,
denied, or pending.
`(3) PUBLIC AVAILABILITY- The Attorney General shall make the report submitted
under paragraph (1) available to the public.'.
(1) IN GENERAL- Subsections (b) and (c) of section 3103a of title 18, United
States Code, shall cease to have effect on December 31, 2005.
(2) EXCEPTION- With respect to any particular foreign intelligence investigation
that began before the date on which the provisions referred to in paragraph
(1) cease to have effect, or with respect to any particular offense or potential
offense that began or occurred before the date on which the provisions referred
to in paragraph (1) cease to have effect, such provisions shall continue
in effect.
SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL
RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) APPLICATIONS FOR ORDERS- Section 501(b)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended--
(1) by striking `shall specify that the records' and inserting `shall specify
that--
(2) by striking the period at the end and inserting the following: `; and
`(B) there are specific and articulable facts giving reason to believe
that the person to whom the records pertain is a foreign power or an agent
of a foreign power.'.
(b) ORDERS- Section 501(c)(1) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1861(c)(1)) is amended by striking `finds that' and all
that follows and inserting `finds that--
`(A) there are specific and articulable facts giving reason to believe
that the person to whom the records pertain is a foreign power or an agent
of a foreign power; and
`(B) the application meets the other requirements of this section.'.
(c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF RECORDS- Section 502(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended
to read as follows:
`(a) On a semiannual basis, the Attorney General shall, with respect to all
requests for the production of tangible things under section 501, fully inform--
`(1) the Select Committee on Intelligence of the Senate;
`(2) the Committee on the Judiciary of the Senate;
`(3) the Permanent Select Committee on Intelligence of the House of Representatives;
and
`(4) the Committee on the Judiciary of the House of Representatives.'.
SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT LIBRARIES UNDER NATIONAL
SECURITY AUTHORITY.
Section 2709 of title 18, United States Code, is amended--
(A) by striking `A wire' and inserting the following:
`(1) IN GENERAL- A wire'; and
(B) by adding at the end the following:
`(2) EXCEPTION- 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:
`(f) DEFINED TERM- 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. 6. EXTENSION OF PATRIOT SUNSET PROVISION.
Section 224(a) of the USA PATRIOT ACT (18 U.S.C. 2510 note) is amended--
(1) by striking `213, 216, 219,'; and
(2) by inserting `and section 505' after `by those sections)'.
END
