S 737 in Congressional Session 109

Bill Number : S 737

Title : 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.

SUMMARY AS OF:
4/6/2005--Introduced. Security and Freedom Enhancement Act of 2005 or the SAFE Act - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps to require that: (1) an order approving 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 that place. Limits the authority to delay notice of the issuance of a search warrant to circumstances where providing immediate notice will endanger the life or physical safety of an individual or result in flight from prosecution, the destruction of or tampering with evidence, or the intimidation of potential witnesses. Requires delayed notification to be issued within seven days (currently, within a "reasonable period") after execution, with 21-day extensions, subject to specified limitations. Amends the Foreign Intelligence Surveillance Act of 1978 to require that there be specific and articulable facts giving reason to believe that the person to whom records pertain is a foreign power or agent for Federal Bureau of Investigation (FBI) access to business records for foreign intelligence and international terrorism investigations. Prohibits an order from: (1) containing any requirement that would be held unreasonable if contained in a subpoena issued by a U.S. court in aid of a grand jury investigation of espionage or international terrorism; or (2) requiring the production of documentary evidence that would be privileged from disclosure if demanded by such a subpoena. Prohibits an electronic communication service provider from disclosing that the FBI has sought access to telephone records for 90 days after receipt of such request, with exceptions (current law places no limits on nondisclosure). Makes similar changes to the Right to Financial Privacy Act and Fair Credit Reporting Act. Amends the Federal criminal code to redefine "domestic terrorism" to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws).