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http://www.washtimes.com/national/20031016-120041-3361r.htm

Senators join forces to roll back parts of Patriot Act

By Audrey Hudson
THE WASHINGTON TIMES

A bipartisan group of lawmakers and advocacy groups have formed a "Coalition of Conscience" to roll back sections of the Patriot Act they say encroach on civil liberties.
"This is an amazing coalition. Very seldom do these groups and these senators come together," said Sen. Richard J. Durbin, Illinois Democrat.
Sen. Larry E. Craig, Idaho Republican, and Mr. Durbin — joined by representatives from the American Civil Liberties Union and American Conservative Union, among others — yesterday introduced the Security and Freedom Ensured (SAFE) Act.
The bill would limit the use of "sneak and peek" search warrants, which allow searches without notifying the target, to situations where a life is at stake, evidence may be destroyed or there is a flight risk.
Roving wiretaps, which allow surveillance of any phone a person is known to use, could only be employed when the suspect is present. Warrants for these wiretaps must also identify the target and location of the wiretap.
Mr. Craig said they could not document any abuses of the Patriot Act since it was first enacted two years ago.
"This has nothing to do with the current administration; it's about putting into effect the right law," he said.
Sen. Russell D. Feingold, Wisconsin Democrat, said the bill is a "wake-up call to Congress and the administration to address serious concerns."
Mr. Feingold said during a press briefing that 90 percent of the Patriot Act was sound, but that there was a strong bipartisan effort to change the remaining 10 percent.
The Patriot Act passed two years ago with overwhelming support from Congress. Opposition to the SAFE Act is expected, but none was voiced after a press conference yesterday. The Justice Department was asked to comment on the pending legislation but declined to respond immediately.
The bill also reinstates pre-Patriot Act standards for seizing business and library records, and the FBI must show a suspected terrorist or spy is being targeted. Library computers could not be searched without a court order.
"We are very happy about this," said Emily Sheketoff, executive director of the American Library Association. "This bill recognizes many problems the general public has been concerned about," she said.
The ACLU sued the government, saying those sections of the law allow the FBI to obtain medical, business, library and genetic records without probable cause.
"That the bill could garner strong support from both sides of the aisle shows just how far the government has strayed from the American ideals of checks and balances against overreaching government authority," said Laura Murphy, director of the ACLU's Washington legislative office.
Nearly 200 communities have passed resolutions condemning the Patriot Act and refusing to comply with it.
"It's time we adjusted this law to assure civil liberties are not being trampled," Mr. Craig said.
Sen. Michael D. Crapo, Idaho Republican, called the bill a "sincere, real bipartisan effort that has meaningful chance of passing into law."
Mr. Craig said he expects the Justice Department will oppose the measure but predicted President Bush would sign it into law if they attach it to a spending measure. He said a "natural" choice would be the appropriations bill for the Commerce, Justice and State departments.
Several organizations endorsed the SAFE Act in a letter to lawmakers yesterday, including Gun Owners of America, the Free Congress Foundation, Center for Democracy and Technology, Electronic Frontier Foundation, American Booksellers Foundation for Free Expression, Center for National Security Studies, American Library Association, ACU and ACLU.
Mr. Durbin said it was possible to be "both safe and free in America" and that it was the "responsibility in Congress to draw that line."
"Frankly, we're crossing party lines to do the right thing," Mr. Durbin said.
Noting how rare it is for Mr. Durbin and Mr. Craig to join forces and co-author legislation, Republican Sen. John E. Sununu of New Hampshire joked it could only mean one thing: "One of them has not read it."

PLEASE SEE THE DETAILS OF THE SAFE ACT:

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.

Be it enacted by the Senate and House of Representatives 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 2003' or the `SAFE Act' .

SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended--

(1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:

`(A)(i) the identity of the target of electronic surveillance, if known; or

`(ii) if the identity of the target is not known, a description of the target and the nature and location of the facilities and places at which the electronic surveillance will be directed;

`(B)(i) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known; and

`(ii) if any of the facilities or places are unknown, the identity of the target;'; and

(2) in paragraph (2)--

(A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and

(B) by inserting after subparagraph (A), the following:

`(B) in cases where the facility or place at which the surveillance will be directed 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 is ascertained by the person conducting the surveillance;'.

SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.

(a) IN GENERAL- 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--

`(A) endanger the life or physical safety of an individual;

`(B) result in flight from prosecution; or

`(C) result in the destruction of, or tampering with, the evidence sought under the warrant'; and

(B) in paragraph (3), by striking `within a reasonable period' and all that follows and inserting `not later than 7 days after the execution of the warrant, which period may be extended by the court for an additional period of not more than 7 days each time the court finds reasonable cause to believe, pursuant to a request by the Attorney General, the Deputy Attorney General, or an Associate Attorney General, that notice of the execution of the warrant will--

`(A) endanger the life or physical safety of an individual;

`(B) result in flight from prosecution; or

`(C) result in the destruction of, or tampering with, the evidence sought under the warrant.'; and

(2) by adding at the end the following:

`(c) REPORTS-

`(1) IN GENERAL- Every 6 months, the Attorney General shall submit a report to Congress summarizing, with respect to warrants under subsection (b), the requests made by the Department of Justice for delays of notice and extensions of delays of notice during the previous 6-month period.

`(2) CONTENTS- Each report submitted under paragraph (1) shall include, for the preceding 6-month period--

`(A) the number of requests for delays of notice with respect to warrants under subsection (b), categorized as granted, denied, or pending; and

`(B) for each request for delayed notice that was granted, the number of requests for extensions of the delay of notice, categorized as granted, denied, or pending.

`(3) PUBLIC AVAILABILITY- The Attorney General shall make the report submitted under paragraph (1) available to the public.'.

(b) SUNSET PROVISION-

(1) IN GENERAL- Subsections (b) and (c) of section 3103a of title 18, United States Code, shall cease to have effect on December 31, 2005.

(2) EXCEPTION- With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions referred to in paragraph (1) cease to have effect, such provisions shall continue in effect.

SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) APPLICATIONS FOR ORDERS- Section 501(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended--

(1) by striking `shall specify that the records' and inserting `shall specify that--

`(A) the records'; and

(2) by striking the period at the end and inserting the following: `; and

`(B) 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- Section 501(c)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)(1)) is amended by striking `finds that' and all that follows and inserting `finds that--

`(A) 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; and

`(B) the application meets the other requirements of this section.'.

(c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF RECORDS- Section 502(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended to read as follows:

`(a) On a semiannual basis, the Attorney General shall, with respect to all requests for the production of tangible things under section 501, fully inform--

`(1) the Select Committee on Intelligence of the Senate;

`(2) the Committee on the Judiciary of the Senate;

`(3) the Permanent Select Committee on Intelligence of the House of Representatives; and

`(4) the Committee on the Judiciary of the House of Representatives.'.

SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT LIBRARIES UNDER NATIONAL SECURITY AUTHORITY.

Section 2709 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `A wire' and inserting the following:

`(1) IN GENERAL- A wire'; and

(B) by adding at the end the following:

`(2) EXCEPTION- A library shall not be treated as a wire or electronic communication service provider for purposes of this section.'; and

(2) by adding at the end the following:

`(f) DEFINED TERM- In this section, the term `library' means a library (as that term is defined in section 213(2) of the Library Services and Technology Act (20 U.S.C. 9122(2)) whose services include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally to patrons for their use, review, examination, or circulation.'.

SEC. 6. EXTENSION OF PATRIOT SUNSET PROVISION.

Section 224(a) of the USA PATRIOT ACT (18 U.S.C. 2510 note) is amended--

(1) by striking `213, 216, 219,'; and

(2) by inserting `and section 505' after `by those sections)'.

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