Security and Freedom Ensured Act of 2005 (SAFE) Act

Bill: 109-hr-1526
Sponsor: Rep. Otter, C. L. (Butch) [R-ID-1]
Introduced: 2005-04-06 in the House
Policy area: Crime and Law Enforcement
Subjects: Armed Forces and National Security
Arts, Culture, Religion
Business records
Civil Rights and Liberties, Minority Issues
Commerce
Congress
Congressional oversight
Congressional reporting requirements
Criminal investigation
Data banks
Electronic surveillance
Evidence (Law)
Foreign agents
Fugitives from justice
Government Operations and Politics
Government paperwork
Government publicity
International Affairs
Internet
Law
Libraries
Obstruction of justice
Right of privacy
Science, Technology, Communications
Searches and seizures
Sunset legislation
Terrorism
Warrants (Law)
Witnesses

Summary:
action_date: 2005-04-06
text: 
Security and Freedom Ensured Act of 2005 (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 the intimidation of a potential witness, 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 21 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 &quot;domestic terrorism&quot; to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws).


Legislative actions:
action_date: 2005-05-10
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2005-04-06
text: Referred to the Committee on the Judiciary, and in addition to the 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.
action_date: 2005-04-06
text: Referred to the Committee on the Judiciary, and in addition to the 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.
action_date: 2005-04-06
text: Referred to the Committee on the Judiciary, and in addition to the 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.
action_date: 2005-04-06
text: Introduced in House
action_date: 2005-04-06
text: Introduced in House