II 

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.

1 Be it enacted by the Senate and House of Representa2 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’’. 
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•S 1709 IS 

1 SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOR2 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

3 1978. 

4 Section 105(c) of the Foreign Intelligence Surveil5 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 elec9 tronic surveillance, if known; or 

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

11 known, a description of the target and the na12 ture and location of the facilities and places at 

13 which the electronic surveillance will be di14 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: 
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•S 1709 IS 

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 pres5 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 tam20 pering with, the evidence sought under the war21 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 execu25 tion of the warrant, which period may be ex-
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•S 1709 IS 

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 re4 quest by the Attorney General, the Deputy At5 torney General, or an Associate Attorney Gen6 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 tam12 pering with, the evidence sought under the war13 rant.’’; and 

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

15 ‘‘(c) REPORTS.—

16 ‘‘(1) IN GENERAL.—Every 6 months, the Attor17 ney General shall submit a report to Congress sum18 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 no21 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—
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1 ‘‘(A) the number of requests for delays of 

2 notice with respect to warrants under sub3 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 para11 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 par17 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 re20 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. 
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•S 1709 IS 

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.—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 insert12 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 Intel18 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 re26 quirements of this section.’’. 
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•S 1709 IS 

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 Intel13 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 AU18 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: 
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•S 1709 IS 

1 ‘‘(2) EXCEPTION.—A library shall not be treat2 ed as a wire or electronic communication service pro3 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 ‘li6 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 pa11 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)’’.

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