Security and Freedom Ensured Act of 2003 (SAFE Act)

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O:\MDM\MDM03.802                                                        S.L.C.

         108TH CONGRESS
               1ST SESSION          S. 

                IN THE SENATE OF THE UNITED STATES

         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

                                     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.

          1          Be it enacted by the Senate and House of Representa-

          2 tives of the United States of America in Congress assembled,

          3 SECTION 1. SHORT TITLE.

          4          This Act may be cited as the "Security and Freedom

          5 Ensured Act of 2003" or the "SAFE Act".

O:\MDM\MDM03.802                                                        S.L.C.

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          1 SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOR-

          2                 EIGN INTELLIGENCE SURVEILLANCE ACT OF

          3                 1978.

          4         Section 105(c) of the Foreign Intelligence Surveil-

          5 lance Act of 1978 (50 U.S.C. 1805(c)) is amended--

          6             (1) in paragraph (1), by striking subparagraphs

          7         (A) and (B) and inserting the following:

          8                  "(A)(i) the identity of the target of elec-

          9             tronic surveillance, if known; or

         10                  "(ii) if the identity of the target is not

         11             known, a description of the target and the na-

         12             ture and location of the facilities and places at

         13             which the electronic surveillance will be di-

         14             rected;

         15                  "(B)(i) the nature and location of each of

         16             the facilities or places at which the electronic

         17             surveillance will be directed, if known; and

         18                  "(ii) if any of the facilities or places are

         19             unknown, the identity of the target;"; and

         20             (2) in paragraph (2)--

         21                  (A) by redesignating subparagraphs (B)

         22             through (D) as subparagraphs (C) through (E),

         23             respectively; and

         24                  (B) by inserting after subparagraph (A),

         25             the following:

O:\MDM\MDM03.802                                                     S.L.C.

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          1                  "(B) in cases where the facility or place at

          2             which the surveillance will be directed is not

          3             known at the time the order is issued, that the

          4             surveillance be conducted only when the pres-

          5             ence of the target at a particular facility or

          6             place is ascertained by the person conducting

          7             the surveillance;".

          8 SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF

          9                SEARCH WARRANTS.

         10         (a) IN GENERAL.--Section 3103a of title 18, United

         11 States Code, is amended--

         12             (1) in subsection (b)--

         13                  (A) in paragraph (1), by striking "may

         14             have an adverse result (as defined in section

         15             2705)" and inserting "will--

         16                  "(A) endanger the life or physical safety of

         17             an individual;

         18                  "(B) result in flight from prosecution; or

         19                  "(C) result in the destruction of, or tam-

         20             pering with, the evidence sought under the war-

         21             rant"; and

         22                  (B) in paragraph (3), by striking "within

         23             a reasonable period" and all that follows and

         24             inserting "not later than 7 days after the execu-

         25             tion of the warrant, which period may be ex-

O:\MDM\MDM03.802                                                     S.L.C.

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          1             tended by the court for an additional period of

          2             not more than 7 days each time the court finds

          3             reasonable cause to believe, pursuant to a re-

          4             quest by the Attorney General, the Deputy At-

          5             torney General, or an Associate Attorney Gen-

          6             eral, that notice of the execution of the warrant

          7             will--

          8                  "(A) endanger the life or physical safety of

          9             an individual;

         10                  "(B) result in flight from prosecution; or

         11                  "(C) result in the destruction of, or tam-

         12             pering with, the evidence sought under the war-

         13             rant."; and

         14             (2) by adding at the end the following:

         15         "(c) REPORTS.--

         16             "(1) IN GENERAL.--Every 6 months, the Attor-

         17         ney General shall submit a report to Congress sum-

         18         marizing, with respect to warrants under subsection

         19         (b), the requests made by the Department of Justice

         20         for delays of notice and extensions of delays of no-

         21         tice during the previous 6-month period.

         22             "(2) CONTENTS.--Each report submitted under

         23         paragraph (1) shall include, for the preceding 6-

         24         month period--

O:\MDM\MDM03.802                                                         S.L.C.

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          1                   "(A) the number of requests for delays of

          2              notice with respect to warrants under sub-

          3              section (b), categorized as granted, denied, or

          4              pending; and

          5                   "(B) for each request for delayed notice

          6              that was granted, the number of requests for

          7              extensions of the delay of notice, categorized as

          8              granted, denied, or pending.

          9              "(3) PUBLIC     AVAILABILITY.--The Attorney

         10         General shall make the report submitted under para-

         11         graph (1) available to the public.".

         12         (b) SUNSET PROVISION.--

         13              (1) IN GENERAL.--Subsections (b) and (c) of

         14         section 3103a of title 18, United States Code, shall

         15         cease to have effect on December 31, 2005.

         16              (2) EXCEPTION.--With respect to any par-

         17         ticular foreign intelligence investigation that began

         18         before the date on which the provisions referred to

         19         in paragraph (1) cease to have effect, or with re-

         20         spect to any particular offense or potential offense

         21         that began or occurred before the date on which the

         22         provisions referred to in paragraph (1) cease to have

         23         effect, such provisions shall continue in effect.

O:\MDM\MDM03.802                                                      S.L.C.

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          1 SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOK-

          2                 SELLER, AND OTHER PERSONAL RECORDS

          3                 UNDER FOREIGN INTELLIGENCE SURVEIL-

          4                 LANCE ACT OF 1978.

          5         (a) APPLICATIONS FOR ORDERS.--Section 501(b)(2)

          6 of the Foreign Intelligence Surveillance Act of 1978 (50

          7 U.S.C. 1861(b)(2)) is amended--

          8              (1) by striking "shall specify that the records"

          9         and inserting "shall specify that--

         10                   "(A) the records"; and

         11              (2) by striking the period at the end and insert-

         12         ing the following: "; and

         13                   "(B) there are specific and articulable

         14              facts giving reason to believe that the person to

         15              whom the records pertain is a foreign power or

         16              an agent of a foreign power.".

         17         (b) ORDERS.--Section 501(c)(1) of the Foreign Intel-

         18 ligence Surveillance Act of 1978 (50 U.S.C. 1861(c)(1))

         19 is amended by striking "finds that" and all that follows

         20 and inserting "finds that--

         21                   "(A) there are specific and articulable

         22              facts giving reason to believe that the person to

         23              whom the records pertain is a foreign power or

         24              an agent of a foreign power; and

         25                   "(B) the application meets the other re-

         26              quirements of this section.".

O:\MDM\MDM03.802                                                       S.L.C.

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          1         (c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF

          2 RECORDS.--Section 502(a) of the Foreign Intelligence

          3 Surveillance Act of 1978 (50 U.S.C. 1862) is amended

          4 to read as follows:

          5         "(a) On a semiannual basis, the Attorney General

          6 shall, with respect to all requests for the production of

          7 tangible things under section 501, fully inform--

          8             "(1) the Select Committee on Intelligence of the

          9         Senate;

         10             "(2) the Committee on the Judiciary of the

         11         Senate;

         12             "(3) the Permanent Select Committee on Intel-

         13         ligence of the House of Representatives; and

         14             "(4) the Committee on the Judiciary of the

         15         House of Representatives.".

         16 SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT

         17                    LIBRARIES UNDER NATIONAL SECURITY AU-

         18                    THORITY.

         19         Section 2709 of title 18, United States Code, is

         20 amended--

         21             (1) in subsection (a)--

         22                     (A) by striking "A wire" and inserting the

         23             following:

         24             "(1) IN GENERAL.--A wire"; and

         25                     (B) by adding at the end the following:

O:\MDM\MDM03.802                                                    S.L.C.

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          1              "(2) EXCEPTION.--A library shall not be treat-

          2         ed as a wire or electronic communication service pro-

          3         vider for purposes of this section."; and

          4              (2) by adding at the end the following:

          5         "(f) DEFINED TERM.--In this section, the term `li-

          6 brary' means a library (as that term is defined in section

          7 213(2) of the Library Services and Technology Act (20

          8 U.S.C. 9122(2)) whose services include access to the

          9 Internet, books, journals, magazines, newspapers, or other

         10 similar forms of communication in print or digitally to pa-

         11 trons for their use, review, examination, or circulation.".

         12 SEC. 6. EXTENSION OF PATRIOT SUNSET PROVISION.

         13         Section 224(a) of the USA PATRIOT ACT (18

         14 U.S.C. 2510 note) is amended--

         15              (1) by striking "213, 216, 219,"; and

         16              (2) by inserting "and section 505" after "by

         17         those sections)".