[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1526 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1526

 To amend the Foreign Intelligence Surveillance Act of 1978 and title 
18, United States Code, to strengthen protections of civil liberties in 
the exercise of the foreign intelligence surveillance authorities under 
                  Federal law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2005

   Mr. Otter (for himself, Mr. Simpson, Mr. Flake, Mr. Sanders, Mr. 
Conyers, Mr. Kucinich, Mr. Paul, Mr. Udall of New Mexico, Mr. Meeks of 
New York, and Mr. Bishop of Utah) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Select Committee on Intelligence (Permanent Select), for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 and title 
18, United States Code, 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 ``Security and Freedom Ensured Act of 
2005 (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)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon the following: ``, however, if the identity 
                is unknown, the facilities and places shall be 
                specified''; and
                    (B) in subparagraph (B), by inserting before the 
                semicolon the following: ``, however, if any of the 
                facilities or places are 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. 3. 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 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 
                the intimidation of a potential witness, or result in 
                the destruction of or tampering with the evidence 
                sought under the warrant''; and
                    (B) 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 21 
                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, result in flight from 
                prosecution, or result in the destruction of or 
                tampering with the evidence sought under the 
                warrant.''; 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. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL 
              RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    (a) Applications for Orders.--Subsection (b) of section 501 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) shall specify that 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.--Subsection (c)(1) of that section is amended by 
striking ``finds'' 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 
of that Act (50 U.S.C. 1862) is amended--
            (1) in subsection (a), by striking ``the Permanent'' and 
        all that follows through ``the Senate'' and inserting ``the 
        Permanent Select Committee on Intelligence and the Committee on 
        the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate''; and
            (2) in subsection (b), by striking ``On a semiannual 
        basis,'' and all that follows through ``a report setting 
        forth'' and inserting ``The report of the Attorney General to 
        the Permanent Select Committee on Intelligence and the 
        Committee on the Judiciary of the House of Representatives and 
        the Select Committee on Intelligence and the Committee on the 
        Judiciary of the Senate under subsection (a) shall set forth''.

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 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. 6. 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. 7. EXTENSION OF PATRIOT SUNSET PROVISION.

    Section 224(a) of the USA PATRIOT ACT of 2001 (Public Law 107-56; 
115 Stat. 295) is amended--
            (1) by striking ``213, 216, 219,''; and
            (2) by inserting ``and section 505'' after ``by those 
        sections)''.
                                 <all>