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.

Summary: Security and Freedom Ensured Act of 2003 (SAFE Act) - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps under the Foreign Intelligence Surveillance Act of 1978 (FISA) to require that: (1) an order approving an electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at the place to be wiretapped.

Revises provisions governing search warrants authorized under the USA PATRIOT ACT to: (1) limit the authority to delay notice of the issuance of such a search warrant to circumstances where providing immediate notice 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) require such delayed notification to be issued within seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to seven calendar days each time that the court finds reasonable cause to believe that notice of the execution of the warrant would have such consequences. Requires the Attorney General, on a semiannual basis, to transmit to Congress and make public a report concerning all requests for delays of notice and for extensions of such delays.

Amends FISA to require, with respect to access by the Federal Bureau of Investigation to business records for foreign intelligence and international terrorism investigations, that there be specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or agent.

 Provides that libraries shall not be treated as wire or electronic communication service providers under provisions granting counterintelligence access to provider subscriber information, toll billing records information, or electronic communication transactional records.

Redefines "domestic terrorism" to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws).

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)''.