[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1709 Introduced in Senate (IS)]







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
            (2) in paragraph (2)--
                    (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--
            (1) in subsection (b)--
                    (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:
    ``(c) Reports.--
            ``(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.''.
    (b) Sunset Provision.--
            (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--
                    ``(A) the records''; and
            (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--
            (1) in subsection (a)--
                    (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)''.
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