[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3352 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3352
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
October 21, 2003
Mr. Otter (for himself, Mr. Simpson, Mr. Conyers, Mr. Sanders, Mr.
Kucinich, Mr. Paul, Mr. Frank of Massachusetts, Mr. Udall of New
Mexico, Mr. Meeks of New York, and Mr. Flake) 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
2003 (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
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 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, 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 Committees on the Judiciary of the House of Representatives
and 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 by striking ``213, 216, 219,'' and inserting
``and section 505'' after ``by those sections)''.
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