I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Security and Freedom 

3 Ensured (Act of 2003 (SAFE) Act’’. 

4 SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOR5 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

6 1978. 

7 Section 105(c) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1805(c)) is amended—

9 (1) in paragraph (1)—

10 (A) in subparagraph (A), by inserting be11 fore the semicolon the following: ‘‘, however, if 

12 the identity is unknown, the facilities and 

13 places shall be specified’’; and 

14 (B) in subparagraph (B), by inserting be15 fore the semicolon the following: ‘‘, however, if 

16 any of the facilities or places are unknown, the 

17 identity of the target shall be specified’’; and 

18 (2) in paragraph (2)(A), by inserting before the 

19 semicolon the following: ‘‘, and, in cases where the 

20 facility or place at which the surveillance is to be di21 rected is not known at the time the order is issued, 

22 that the surveillance be conducted only when the 

23 presence of the target at a particular facility or 

24 place has been ascertained by the person conducting 

25 the surveillance’’. 
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1 SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF 

2 SEARCH WARRANTS. 

3 Section 3103a of title 18, United States Code, is 

4 amended—

5 (1) in subsection (b)—

6 (A) in paragraph (1), by striking ‘‘may 

7 have an adverse result (as defined in section 

8 2705)’’ and inserting ‘‘will endanger the life or 

9 physical safety of an individual, result in flight 

10 from prosecution, or result in the destruction of 

11 or tampering with the evidence sought under 

12 the warrant’’; and 

13 (B) in paragraph (3), by striking ‘‘a rea14 sonable period’’ and all that follows and insert15 ing ‘‘seven calendar days, which period, upon 

16 application of the Attorney General, the Deputy 

17 Attorney General, or an Associate Attorney 

18 General, may thereafter be extended by the 

19 court for additional periods of up to seven cal20 endar days each if the court finds, for each ap21 plication, reasonable cause to believe that notice 

22 of the execution of the warrant will endanger 

23 the life or physical safety of an individual, re24 sult in flight from prosecution, or result in the 

25 destruction of or tampering with the evidence 

26 sought under the warrant.’’; and 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) REPORTS.—(1) On a semiannual basis, the At4 torney General shall transmit to Congress and make pub5 lic a report concerning all requests for delays of notice, 

6 and for extensions of delays of notice, with respect to war7 rants under subsection (b). 

8 ‘‘(2) Each report under paragraph (1) shall include, 

9 with respect to the preceding six-month period—

10 ‘‘(A) the total number of requests for delays of 

11 notice with respect to warrants under subsection (b); 

12 ‘‘(B) the total number of such requests granted 

13 or denied; and 

14 ‘‘(C) for each request for delayed notice that 

15 was granted, the total number of applications for ex16 tensions of the delay of notice and the total number 

17 of such extensions granted or denied.’’. 

18 SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOK19 SELLER, AND OTHER PERSONAL RECORDS 

20 UNDER FOREIGN INTELLIGENCE SURVEIL21 LANCE ACT OF 1978. 

22 (a) APPLICATIONS FOR ORDERS.—Subsection (b) of 

23 section 501 of the Foreign Intelligence Surveillance Act 

24 of 1978 (50 U.S.C. 1861) is amended—
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1 (1) in paragraph (1), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (2), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) shall specify that there are specific and 

8 articulable facts giving reason to believe that the 

9 person to whom the records pertain is a foreign 

10 power or an agent of a foreign power.’’. 

11 (b) ORDERS.—Subsection (c)(1) of that section is 

12 amended by striking ‘‘finds’’ and all that follows and in13 serting ‘‘finds that—

14 ‘‘(A) there are specific and articulable facts giv15 ing reason to believe that the person to whom the 

16 records pertain is a foreign power or an agent of a 

17 foreign power; and 

18 ‘‘(B) the application meets the other require19 ments of this section.’’. 

20 (c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF

21 RECORDS.—Section 502 of that Act (50 U.S.C. 1862) is 

22 amended—

23 (1) in subsection (a), by striking ‘‘the Perma24 nent’’ and all that follows through ‘‘the Senate’’ and 

25 inserting ‘‘the Permanent Select Committee on Intel-
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1 ligence and the Committee on the Judiciary of the 

2 House of Representatives and the Select Committee 

3 on Intelligence and the Committee on the Judiciary 

4 of the Senate’’; and 

5 (2) in subsection (b), by striking ‘‘On a semi6 annual basis,’’ and all that follows through ‘‘a report 

7 setting forth’’ and inserting ‘‘The report of the At8 torney General to the Committees on the Judiciary 

9 of the House of Representatives and the Senate 

10 under subsection (a) shall set forth’’. 

11 SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT 

12 LIBRARIES UNDER NATIONAL SECURITY AU13 THORITY. 

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

15 amended—

16 (1) in subsection (a)—

17 (A) by inserting ‘‘(1)’’ before ‘‘A wire or 

18 electronic communication service provider’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) A library shall not be treated as a wire or 

22 electronic communication service provider for pur23 poses of this section.’’; and 

24 (2) by adding at the end the following new sub25 section: 
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1 ‘‘(f) LIBRARY DEFINED.—In this section, the term 

2 ‘library’ means a library (as that term is defined in section 

3 213(2) of the Library Services and Technology Act (20 

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

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

6 similar forms of communication in print or digitally to pa7 trons for their use, review, examination, or circulation.’’. 

8 SEC. 6. MODIFICATION OF DEFINITION OF DOMESTIC TER9 RORISM. 

10 (a) MODIFICATION.—Section 2331(5) of title 18, 

11 United States Code, is amended—

12 (1) by striking subparagraphs (A) and (B) and 

13 inserting the following new subparagraph (A): 

14 ‘‘(A) involve acts dangerous to human life 

15 that constitute a Federal crime of terrorism (as 

16 that term is defined in section 2332b(g)(5) of 

17 this title); and’’; and 

18 (2) by redesignating subparagraph (C) as sub19 paragraph (B). 

20 (b) CONSTRUCTION.—Nothing in section 2331 of title 

21 18, United States Code, shall be construed to prohibit a 

22 State from enforcing the laws of the State relating to ter23 rorism. 
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1 SEC. 7. EXTENSION OF PATRIOT SUNSET PROVISION. 

2 Section 224(a) of the USA PATRIOT ACT of 2001 

3 (Public Law 107–56; 115 Stat. 295) is amended by strik4 ing ‘‘213, 216, 219,’’ and inserting ‘‘and section 505’’ 

5 after ‘‘by those sections)’’.

Æ
2

•HR 3352 IH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Security and Freedom 

3 Ensured Act of 2003 (SAFE) Act’’. 

4 SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOR5 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

6 1978. 

7 Section 105(c) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1805(c)) is amended—

9 (1) in paragraph (1)—

10 (A) in subparagraph (A), by inserting be11 fore the semicolon the following: ‘‘, however, if 

12 the identity is unknown, the facilities and 

13 places shall be specified’’; and 

14 (B) in subparagraph (B), by inserting be15 fore the semicolon the following: ‘‘, however, if 

16 any of the facilities or places are unknown, the 

17 identity of the target shall be specified’’; and 

18 (2) in paragraph (2)(A), by inserting before the 

19 semicolon the following: ‘‘, and, in cases where the 

20 facility or place at which the surveillance is to be di21 rected is not known at the time the order is issued, 

22 that the surveillance be conducted only when the 

23 presence of the target at a particular facility or 

24 place has been ascertained by the person conducting 

25 the surveillance’’.