S 1709 · 108th Congress 2003–2005, ended

SAFE Act

Latest action · Apr 7, 2004 Sponsor introductory remarks on measure. (CR S3903-3905)

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedOct 2, 2003
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Security and Freedom Ensured Act of 2003 (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 result in the destruction of or tampering with the evidence sought under the warrant; and (2) require such delayed notification to be issued not later than seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to seven 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, every six months, to report to Congress summarizing the requests made by the Department of Justice for delays of notice and extensions of delays. Sunsets the delayed notice authority and reporting requirement on December 31, 2005.

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 an agent thereof.

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.

Cosponsors 19

Members who signed on, in the order they did. Signatures ran from Oct 2, 2003 to May 6, 2004; 6 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-NMJeff BingamanOriginalOct 2, 2003
R-NHJohn E. SununuOriginalOct 2, 2003
R-IDMike CrapoOriginalOct 2, 2003
D-ILRichard J. DurbinOriginalOct 2, 2003
D-ORRon WydenOriginalOct 2, 2003
D-WIRussell D. FeingoldOriginalOct 2, 2003
R-AKLisa MurkowskiOct 15, 2003
D-MAJohn F. KerryNov 11, 2003
D-WAMaria CantwellNov 11, 2003
D-MAEdward M. KennedyNov 18, 2003
D-NVHarry ReidNov 25, 2003
D-ARBlanche L. LincolnJan 20, 2004
D-CTChristopher J. DoddFeb 2, 2004
R-VTJames M. JeffordsFeb 27, 2004
D-PAArlen SpecterMar 22, 2004
D-NJJon S. CorzineMar 26, 2004
D-IATom HarkinApr 6, 2004
D-HIDaniel K. AkakaApr 7, 2004
D-NJFrank R. LautenbergMay 6, 2004

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateJudiciary Committee
Referred Oct 2, 2003

Actions 4

Everything that happened, newest first.

  1. Apr 7, 2004Sponsor introductory remarks on measure. (CR S3903-3905)
  2. Oct 2, 2003Introduced in Senate
  3. Oct 2, 2003Sponsor introductory remarks on measure. (CR S12384)
  4. Oct 2, 2003Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12384-12385)

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S4165Richard J. Durbin D-ILApr 20, 2004
SenateDebate and remarks S3898–S3907, S3909Edward M. Kennedy D-MA, John E. Sununu R-NH, Larry E. Craig R-ID, Richard J. Durbin D-IL, Russell D. Feingold D-WIApr 7, 2004
SenateDebate and remarks S12990–S12992Russell D. Feingold D-WIOct 22, 2003
SenateDebate and remarks S12384–S12387Text printed S12384Larry E. Craig R-ID (text), Richard J. Durbin D-ILOct 2, 2003

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
—RECOMMENDATIONS OF THE 9/11 COMMISSION116 pagesJudiciary CommitteeAug 23, 2004

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
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.
Short Titles as Introduced
Security and Freedom Ensured Act of 2003
SAFE Act
Popular Titles
Sneak and Peek Search bill

Subjects

Assigned by the Library of Congress. Policy area: Armed Forces and National Security.

Text 1

Each version as it was printed, newest first.

  1. Oct 2, 2003Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.