Security and Freedom Ensured Act (SAFE Act)(H.R. 1526) and Security and Freedom Enhancement Act (SAFE Act)(S. 737): Section By Section Analysis

Publication Date: May 2005

Publisher: Library of Congress. Congressional Research Service

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Research Area: Media, telecommunications, and information

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Abstract:

Two SAFE Acts, S. 737 and H.R. 1526 address some of the issues raised by the USA PATRIOT Act. They amend the Foreign Intelligence Surveillance Act (FISA) to require that FISA surveillance orders particularly identify either the target or the facilities or places targeted. They limit delayed notification of sneak and peek searches to cases involving exigent circumstances (injury, flight, destruction of evidence, witness intimidation risks) and cap the extent of permissible delay. Both bills restrict FISA access orders to instances where there are specific and articulable reasons to believe that the records pertain to a foreign power or one or more of its agents.

S. 737 alone provides that the order may be no more sweeping than a grand jury subpoena duces tecum issued in the context of an espionage or international terrorism investigation. It also adds: exceptions and time limits to the nondisclosure feature, a procedure to allow a recipient to quash or modify an order, and use provisions comparable to those that apply to the use of information generated by FISA surveillance and physical search orders. H.R. 1526 exempts libraries from the national security letter (nsl) coverage of 18 U.S.C. 2709, and adds section 505 of the USA PATRIOT Act to the list of provisions that expire on December 31, 2005. S. 737 rewrites each of the four nsl statutes with enhanced standards, time limits, gag order restrictions, scope, and suppression features.

Both bills incorporate the definition of federal crimes of terrorism into the definition of domestic terrorism.

S. 737 expands the safeguards associated with the court approved use of pen registers and trap and trace devices. H.R. 1526 adds four sections to the inventory of expiring USA PATRIOT Act sections (213 (delayed notice of sneak and peek searches), 216 (trap and trace devices and pen registers for law enforcement purpose), 219 (boundless service of terrorism search warrants), and 505 (national security letters)). S. 737 amends FISA to require more extensive public reports concerning its use.

This report appears in abridged form as CRS Report RS22140, The SAFE Acts of 2005: H.R. 1526 and S. 737 — A Sketch.