I 

109TH CONGRESS 

1ST SESSION H. R. 1526 

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 

APRIL 6, 2005 

Mr. OTTER (for himself, Mr. SIMPSON, Mr. FLAKE, Mr. SANDERS, Mr. CONYERS, Mr. KUCINICH, Mr. PAUL, Mr. UDALL of New Mexico, Mr. MEEKS

of New York, and Mr. BISHOP of Utah) 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 2005 (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 the intimidation of a poten11 tial witness, or result in the destruction of or 

12 tampering with the evidence sought under the 

13 warrant’’; and 

14 (B) in paragraph (3), by striking ‘‘a rea15 sonable period’’ and all that follows and insert16 ing ‘‘seven calendar days, which period, upon 

17 application of the Attorney General, the Deputy 

18 Attorney General, or an Associate Attorney 

19 General, may thereafter be extended by the 

20 court for additional periods of up to 21 cal21 endar days each if the court finds, for each ap22 plication, reasonable cause to believe that notice 

23 of the execution of the warrant will endanger 

24 the life or physical safety of an individual, re25 sult in flight from prosecution, or result in the 
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1 destruction of or tampering with the evidence 

2 sought under the warrant.’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(c) REPORTS.—(1) On a semiannual basis, the At6 torney General shall transmit to Congress and make pub7 lic a report concerning all requests for delays of notice, 

8 and for extensions of delays of notice, with respect to war9 rants under subsection (b). 

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

11 with respect to the preceding six-month period— 

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

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

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

15 or denied; and 

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

17 was granted, the total number of applications for ex18 tensions of the delay of notice and the total number 

19 of such extensions granted or denied.’’. 
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1 SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOK2 SELLER, AND OTHER PERSONAL RECORDS 

3 UNDER FOREIGN INTELLIGENCE SURVEIL4 LANCE ACT OF 1978. 

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

6 section 501 of the Foreign Intelligence Surveillance Act 

7 of 1978 (50 U.S.C. 1861) is amended— 

8 (1) in paragraph (1), by striking ‘‘and’’ at the 

9 end; 

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

11 the end and inserting ‘‘; and’’; and 

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

13 paragraph: 

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

15 articulable facts giving reason to believe that the 

16 person to whom the records pertain is a foreign 

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

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

19 amended by striking ‘‘finds’’ and all that follows and in20 serting 

21 ‘‘finds that— 

22 ‘‘(A) there are specific and articulable facts giv23 ing reason to believe that the person to whom the 

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

25 foreign power; and 
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1 ‘‘(B) the application meets the other require2 ments of this section.’’. 

3 (c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF

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

5 amended— 

6 (1) in subsection (a), by striking ‘‘the Perma7 nent’’ and all that follows through ‘‘the Senate’’ and 

8 inserting ‘‘the Permanent Select Committee on Intel9 ligence and the Committee on the Judiciary of the 

10 House of Representatives and the Select Committee 

11 on Intelligence and the Committee on the Judiciary 

12 of the Senate’’; and 

13 (2) in subsection (b), by striking ‘‘On a semi14 annual basis,’’ and all that follows through ‘‘a report 

15 setting forth’’ and inserting ‘‘The report of the At16 torney General to the Permanent Select Committee 

17 on Intelligence and the Committee on the Judiciary 

18 of the House of Representatives and the Select Com19 mittee on Intelligence and the Committee on the Ju20 diciary of the Senate under subsection (a) shall set 

21 forth’’. 
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1 SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT 

2 LIBRARIES UNDER NATIONAL SECURITY AU3 THORITY. 

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

5 amended— 

6 (1) in subsection (a)— 

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

8 electronic communication service provider’’; and 

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

10 paragraph: 

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

12 electronic communication service provider for pur13 poses of this section.’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(f) LIBRARY DEFINED.—In this section, the term 

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

18 213(2) of the Library Services and Technology Act (20 

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

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

21 similar forms of communication in print or digitally to pa22 trons for their use, review, examination, or circulation.’’. 

23 SEC. 6. MODIFICATION OF DEFINITION OF DOMESTIC TER24 RORISM. 

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

26 United States Code, is amended— 
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1 (1) by striking subparagraphs (A) and (B) and 

2 inserting the following new subparagraph (A): 

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

4 that constitute a Federal crime of terrorism (as 

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

6 this title); and’’; and 

7 (2) by redesignating subparagraph (C) as sub8 paragraph (B). 

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

10 18, United States Code, shall be construed to prohibit a 

11 State from enforcing the laws of the State relating to ter12 rorism. 

13 SEC. 7. EXTENSION OF PATRIOT SUNSET PROVISION. 

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

15 (Public Law 107–56; 115 Stat. 295) is amended— 

16 (1) by striking ‘‘213, 216, 219,’’; and 

17 (2) by inserting ‘‘and section 505’’ after ‘‘by 

18 those sections)’’. 

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