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. CON-
YERS, 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 consider-
ation 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 protec-
tions of civil liberties in the exercise of the foreign intel-
ligence surveillance authorities under Federal law, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Security and Freedom 
Ensured Act of 2005 (SAFE) Act’’. 
SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT OF 
1978. 
Section 105(c) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1805(c)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by inserting be-
fore the semicolon the following: ‘‘, however, if 
the identity is unknown, the facilities and 
places shall be specified’’; and 
(B) in subparagraph (B), by inserting be-
fore 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 di-
rected 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 the intimidation of a poten-
tial witness, or result in the destruction of or 
tampering with the evidence sought under the 
warrant’’; and 
(B) in paragraph (3), by striking ‘‘a rea-
sonable period’’ and all that follows and insert-
ing ‘‘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 21 cal-
endar days each if the court finds, for each ap-
plication, reasonable cause to believe that notice 
of the execution of the warrant will endanger 
the life or physical safety of an individual, re-
sult 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 sub-
section: 
‘‘(c) REPORTS.—(1) On a semiannual basis, the At-
torney General shall transmit to Congress and make pub-
lic a report concerning all requests for delays of notice, 
and for extensions of delays of notice, with respect to war-
rants 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 ex-
tensions of the delay of notice and the total number 
of such extensions granted or denied.’’.
SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOK-
SELLER, AND OTHER PERSONAL RECORDS 
UNDER FOREIGN INTELLIGENCE SURVEIL-
LANCE 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 in-
serting 
‘‘finds that— 
‘‘(A) there are specific and articulable facts giv-
ing reason to believe that the person to whom the 
records pertain is a foreign power or an agent of a 
foreign power; and