[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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